There was a problem locating the requested document.
Page 1 ATTORNEY OR PARTY WITHOUT ATTORNEY
(NAME
and
ADDRESS):
.
FOR COURT USE ONLY
TELEPHONE:
(408) 922-1400
DISTRICT ATTORNEY, SANTA CLARAiOUNTY
BY: TERRY LEE, DEPUTY DISTRIWATTORNEY Bar No. 81587
2645 „„.
ZAnker Road, San Jose, CA 95134 ASSGN WORKER # T428
FSB NO.: 0033317. 380RJM
ATTORNEY FOR (NAME): Public Interest
Insert name of court, judicial district or branch court, if any, and post office and street address.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
170 Park Center Plaza,
San Jose, CA 95113
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
Title or Case
vs.
EDWARD LOPEZ
SEP Z
3 05 PH '96
V. LOVE
COUNT). CLERK
Writ c'LARA COUNTY
CASENIMMR.
PROOF OF SERVICE BY MAIL (1013a, 2015.5 C.C.P)
0526847
STATE OF CALIFORNIA
SS.
COUNTY OF
SANTA CLARA
I am a citizen of the United States and a resident of the county aforesaid: I am over
the age of eighteen years and not a party of the within entitled action; my business
2645 Zanker Road
address is:
On
San Jose, CA 95134
sEP 2 0 1996
on the
served the within:
ORDER AFTER HEARING
RESPONDENT
in said action, 'by placing a true copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid, in the United States mail at
San Jose, CA
addressed as follows:
EDWARD LOPEZ
8897 MONTEREY ROAD,
GILROY, CA, 95020
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on
20 1NR
(date)
at San Jose, California.
(place)
Signature
Revised 4-1-92
PROOF OF SERVICE BY MAIL
8701/000780UPage 2 FOR COURT OSE ONLY
GOVERNMENTAL AGENCY (pursuant to Wolf. and Inst. Code SS 11475.1 and 11478.2):
(408) TEM:14bO
DISTRITT ATTORNEY, SANTA CLARAANIUNTY
Bar No. 81587
By: TERRY LEE, Deputy Districtlittorney
2645 Zanker Road, San Jose, CA 95134
LSO4
FSB NO.: 0033317 380WXS ASSGN WORKER #
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
170 Park Center Plaza
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME:
San Jose
FERMINA LOPEZ
PLAINTIFF:
DEFENDANT:
1996
DEPUTY
EDWARD LOPEZ
CASE MEMBER
ORDER AFTER HEARING
0$26847
uncontested [ ] by stipulation [ ] contested
1. This matter proceeded as follows:
Dept.: 121 Judicial Officer:
a. Date: 4i-15-616
[ ] Attorney present in court (name):
b. [ ] Plaintiff/Petitioner present in court
[ ] Attorney present in court (name):
Defendant/Respondent present in court
c. [
d. Per Welfare & Institutions Code section 11475.1 and 11478.2, Prosecuting Attorney
(name): chituL...7-,
2. [K] This order is based on the attached documents.
Plaintiff/Petitioner
3. The "Obligor" for purposes of this order is
UK] Defendant/Respondent
4. THE COURT ORDERS, GOOD CAUSE APPEARING:
a. All orders previously made in this action shall remain in full force and effect except
as specifically modified below.
b. Obligor is the parent of and shall pay child support for the following children:
Name
JOSEPH LOPEZ
Date of birth
10/24/74
Monthly amount
payable on the 1St day of each month beginning
(1) [ ] For a total of $
(date):
(2) [ ] Other (specify):
(3) Any support ordered shall continue until further order of court, unless terminated by
operation of law.
c. [
Obligor owes •support arrears as follows, as of (date):
Child support: $l"fill.0.10 [] Spousal support: $
[ ] Family support: $
[ ] Interest.is not included and is not waived.
1>crPayable $ SOC)
on the 1st day of each month commencing
(date):
(0-1
d. No provision of this order shall operate to limit any right to assess and collect
interest and penalties as allowed by law. Interest accrues on the entire principal balance
owing and not on each installment as they become due. All liquidation payments shall be
subject to modification. There shall be no limitation on collection of principal, interest,
and penalties without further notice as allowed by law.
e. All payments shall be made to (name and address of agency) : Refer to Acct. #0033317
FAMILY SUPPORT TRUSTEE, P.O. Box 7622, San Francisco, CA 94120-7622
f. [01 Obligor shall provide health insurance coverage for the children a's obligated by law;
a Health Insurance Coverage Assignment shall issue; and obligor shall complete a form DHS-6110
and return it to the Office of the District Attorney within 20 days.
g. Obligor shall provide written notification to the superior court clerk of any change in
residence and to the Office of the District Attorney of any change of residence, income, or
employment within 10 days.
(continued on next sage)
Fore adopted by Rule 1298.07
The Judicial Council of California
1298.06 :Sew January 1, 1995)
ORDER AFTER HEARING
(Governmental)
9076/002040ZPage 3 PETIVEONER/PLAINTIFF:
FERMIWAOPEZ
RESPONDENT/DEFENDANT:
EDWARD LOPEZ
CASE MMUS,
0526817
—half of the re
h. Def
is ordered t
al
person.
child(r n) to th
i. A wage and earnings assignment shall issue.
j. NJ—The court further orders (specify):
of the
cy.
ClA'`O-31•:f C75—f
cli\ct
e cos
e un
o-N
cry-\
[ ] This is a guideline order.
[ ] No change of circumbtances is needed to modify the ongoing child support since the
court finds the ongoing child support is not pursuant to the Statewide Uniform Guidelines.
Date:
(SIGNATURE OF ATTORNEY FOR OBLIGOR)
(TYPE OR PRINT NAME)
Date:
5.
L OFFICER
Number of pages attached:
gnature follows last attachment.
NOTICE: Any party required to pay child support must pay interest on Overdue aMounts
at
the "legal" rate, which is currently 10 percent. This can be a large added amount.
I
1298.07 Met. January 1, 1995),
9076/002040Z
Rev. 1/96
ORDER AFTER HEARING
(Governmental)Page 4 ATTORNEY OR PAM?. WITHOUT ATTORNEY
FOR COURT
TELEPHONE:
(NAME end ADDRE
opE
ONLY
(408) 922-1400
DISTRICT ATTORNEY, SANTA CLARAIPOUNTY
BY: TERRY LEE, Deputy District Attorney Bar No. 81587
2645 Zanker Road, San Jose, CA 95134
ASSGN WORKER # LSO4
FSB NO.: 0033317 380WXS
Public Interest (W & I 11478.2)
ATTORNEY FOR (NAME):
SANTA CLARA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
170 Park Center Plaza
STREET ADDRESS:
San Jose, CA 95113
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
•
San Jose
FERMINA LOPEZ
PETITIONER/PLAINTIFF:
FERMINA LOPEZ
RESPONDENT/DEFENDANT:
[ ]
DEPUTY
EDWARD LOPEZ
WAGE AND EARNINGS ASSIGNMENT ORDER
Spousal or Family Support
Modification UK] Child Support [ 1
TO THE PAYOR:
Date of Birth):
This is a Court order.
CASE NUMBER:
0526847
You must withhold a portion of the earnings of (Obligor's name and
EDWARD LOPEZ 555-11-5388 09/17/53
and pay as directed below. (An explanation of this order is printed on page 2.)
THE COURT ORDERS YOU TO
L. Pay part of the earnings of the employee or other person ordered to pay support as follows:
per month child support arrearages.
$Qz
d.
per month current child support.
'
a. [ 1 $
1
$
per
month spousal support arrearages.
e.
per month current spousal support.
b. 1 j $
per month familysupport arrearages.
f.
per month current family support.
c..
] $
I
g. Wotal deduction $ c -0,̀
2.[K] The
payments ordered under items la, lb, and lc shall be paid to (name, address):
FAMTLY SUPPORT TRUSTEE
SANTA CLARA COUNTY, P.O. Box 7622, San Francisco, CA 94120-7622
3. [X] The payments ordered under item ld, le, and lf shall be paid to (name, address): Same as above.
ACCT. 0033317
4.
The payments ordered under item 1 shall continue until further written notice from payee o
This order modifies an existing order.
5.
the court.
The amoUnt you must withhold may have changed.. The existing
order continues in effect until this modification is effecti;ye.
This order affects all earnings payable beginning as soon as possible but not later than 10
1
receive it.
6.
7.
Give the obligor a copy of this order within 10 days.
0-
[ [
Other (specify):
[,] I agree to this order.
EDWARD LOPEZ
For the purposes of this order, the arrearages are set as follows:
Amount
10.
days after you
a. UK] Child support:
h. [ ] Spousal support:
c. [ ] Family support:
Date:
13-e, -(zo
.‘-do
As of (date)
q-g5 -q.0
CIAL OFFICER
Family Code 55208
Form adopted by Rule 1285.70
The judicial Council of California WAGE AND EARNINGS ASSIGNMENT ORDER Code of Civi1 Procedures, 706.031
1285.70 (Rev. January 1, 1995) (Family Law-Domestic Violence Prevention-Uniform ParentAge) '15 U.S.C. 1672-1673
6770/002074V
Rev. 7/95Page 5 INFORMATION ABOUT THE
WAGE AND EARNINGS ASSIGNMENT ORDER
1.
DEFINITIONS OF IMPORTANT WORDS IN THIS INFORMATION:
A.
Obligor: any person ordered by a court to pay
child support,
spousal
support, or family
support. Named before item one on page 1.
portion of that payment that is attributable to each
obligor.
If you have more than one order for an obligor, you
must allocate among these orders following the multiple
wage assignments procedure (Form 1285.70A).
B.
Obligee: the person to whom the support is to 3. Special computation instructions for payors who are
be paid, including the District Attorney or
employers:
other government agency in some cases. Named in
item 2 on page 1.
A.
State and Federal laws limit the amount of earnings
that you should withhold and pay as directed by
C. Payor: the person or entity, including an
this order. This limitation applies only to
employer, that pays earnings to an obligor.
earnings described it item 1D(1). The limitation is
stated as a specified percentage of the employee's
D. Earnings:
disposable earnings.
(1).
wages, salary, bonuses, vacation pay,
Disposable earnings are different from gross pay
retirement pay, commissions paid by an
or take-home pay. Disposable earnings are the
employer;
earnings left after subtracting the money that
(2).
payments
for services
of
independent
state or federal law requires an employer to
contractors;
withhold. Generally these required deductions are
dividends,
rents,
royalties,
and
(1) federal income tax, (2) social security, (3)
(3).
residuals;
state income tax, (4) state disability insurance,
(4).
patent rights, mineral or other natural
and (5) payments to public employees' retirement
resource rights;
systems.
(5).
any payments due as a result of written
After the employee's disposable earnings are
or oral contracts for services or sales,
known, withhold the amount required by the order,
regardless of their title; and
BUT NEVER WITHHOLD MORE THAN 50 PERCENT OF THE
any other payments or credits that result
DISPOSABLE EARNINGS UNLESS THE COURT ORDER
(6).
•
from an enforceable obligation.
SPECIFIED A HIGHER PERCENTAGE. Federal law
prohibits withholding more than 65 percent of
E. Wage and Earnings Assignment Order: A court
disposable earnings of an employee in any case.
order issued in every court case where one
person is ordered to pay for the support of
B.
If the employee is paid by a different time period
another person. The support may be child,
from that specified in the order, prorate the
spousal, or family support. This order has top
amount ordered to be withheld so part of it is
priority
over
any
other
orders
such
as
•withheld from each of the employee's paychecks.
garnishments or earnings withholding orders.
Earnings should not be withheld for any other
C.
If the employee stops working for you, notify the
order until the amounts necessary to satisfy
obligee, not later than the date of the next
this order have been withheld in full.
payment, by first class mail, giving the employee's
When this order is for child support, it has
last known address, and if you know them, the name
top priority over a similar order for spousal
and address of any new employer.
support. The front of this form tells which
types of support this order is for.
California law prohibi.ts you from firing, refusing
D.
to hire, or taking any disciplinary action against
2. INFORMATION FOR ALL PAYORS: Withhold'money from the
any employee because of a Wage and Earnings
earnings payable to'the obligor as soon as possible
Assignment Order. Such action can lead to a $500
but not later than 10 days after you receive this
civil penalty per employee.
order. Send it to the obligee within 10 days of the
pay date. You may deduct $1.00 from the obligor's 4.
INFORMATION FOR ALL OBLIGORS: Family Code section 5270
earnings for each periodic payment you make.
describes the procedures available for you to ask the
When sending the withheld earnings to the payee,
court to quash this order. You may file a motion to
state the date of the check from which the earnings
quash this order but you must act within ten days after
were withheld. If you are unable to pay the
you receive a copy of the order from the payor. See the
withheld amounts for six months or more because the
procedure set forth in Family Code section 5271.
person named in item 2 on page 1 has not notified
Family Code section 5240 describes the procedure by
you of a change of address, make no further
which an obligor may request the court to terminate the
payments
under
this
order
and
return
all
assignment order.
undeliverable payments to the obligor. You will be
These laws may be found in any law library. Each
liable for any amount you fail to withhold and can
California county has a law library.
be cited for contempt of court.
You may combine amounts withheld for more than 5.
SPECIAL INFORMATION FOR THE OBLIGOR WHO IS AN EMPLOYEE:
one obligor in a single payment to each obligee, if
Family Code section 5281 requires you to notify the
you identify the
obligee (item 2 on page 1) if you change your
employment. You must provide the name and address of
your new employer.
WAGE AND EARNINGS ASSIGNMENT ORDER
(Family Law - Domestic Violence Prevention - Uniform Parentage)
1285.70 (Rev. January 1, 1995)
Page twoPage 6 '\
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
DOMESTIC D.A. LAW AND MOTION CALENDAR
COMMISSIONER MARY ANN GRILLI
Reporter:SHARON STUGEN
For:
9/18/96
Clerk:JOY BRIDSTON
Wednesday
Dept: 121
960917 0757
Page:
1
Bailiff:JIM NORTH•
C:164.4L!
1( 1:30 PM Case: 526847
LOPEZ, FERMINA
v
Type: DA SUPPORT
Date Filed: 06/27/96
Event: MTN: DETERMINE ARREARS AND PAYBACK
AMOUNT (P)
PEEsEETPA
PLNTFF: LOPEZ, FERMINA
DEFT:
LOPEZ, EDWARD
aAA.4.4, t4j
D.A.: DISTRICT ATTORNEY FAMILY SUPP
AU-314- AL4,44-
///,v, ---
0
c
/0 -
F. .
2. 1:30 PM Case: 562716 /4/
1
COUNTY OF SANTA CLARA v MARTINEZ, R CHARD
( (40 /.444.4.) f.d'ut.A.4.-..
Q7-0 raki
Type: DA SUPPORT
Date Filed: 07/14/95
,prent: OSC: MOD OF CHILD SUPPORT (D) 13
TESEN&A-4Z et---4-->-t-44-4- - 27et-d-z';‘-u 7714-4-414-61/ ,7„
tJ
PLNTFF: COUNTY OF SANTA CLARA
A2.
4:11-11-4-4'-f-4110LT—H.
FT:
MARTINEZ, RICHARD OttietA-r—'
ATTY: PRO PER
*
F.S.B. # 0002008
al-Cith1-41
CA.411,A)
a/IA.4-0(44J
_
,
eA--y-h-e-k.) 4
4/ 6 7/JALe 6 4.1-4C-ILZ-d—
g',5.s/ b/Ate
1747
3)
-7.`; /..? • - 9‘
. 1:30 PM Case: 644851
COUNTY OF SANT CLARA v REYES, ANTHONY
Type: DA SUPPORT
Date Filed: 09/11/95
Event: MTN: ACCTG & REDUCTION IN PAYMENT OF
ARREARS C/F 8-27-96
PLNTFF: COUNTY OF SANTA CLARA
DEFT:
REYES, ANTHONY
•
PRESENTim
e
ATTY: DIST ICT ATTORNEY FAMILY SUPP
PRESENTATTY: PADILLA, JOHN M.Page 7 DAMAIC1 V007
380FGR
MODE: DISPLAY
ABSENT PARENT: LOPEZ
FSBCASE NBR: 0033317
X DOCKET# ST ACCOUNT NAME
CASE ACCOUNT SUMMARY
EDWARD
PAYEE
PR BAL
NO
DUE
110
DATE: 09/18/96
TIME: 10:06
PAGE:
1
**** CURRENT MONTH ****
PMT DUE
AMT PAID
BAL DUE
0526847 C N/W CURRENT C/S
0526847 0 INT N/W C/S ARRS
0526847 0 N/W C/S ARRS
01
01 16,820.40
01 20,600.00
16,820.40
20,600.00
DUE PAYEE: 01 FERMINA LOPEZ
37,420.40
37,420.40
DUE FROM PAYOR
37,420.40
37,420.40
RESPONSES
PF2-PAYMENT HISTORY REPORT
RESPONSE:
DC962011 RECORD DISPLAYED
'X'FOR ALL YEARS
OR YEAR:Page 8 FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORMA
COUNTY OF SANTA CLARA
FAMILY LAW DIVISION
170 Park Center Plaza
San Jose, California 95113
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
•
E
SEP 1 8 1996
LOPEZ,—
S—EF'HEN V. LOVE
cc,;Ity Clark
opa.- 7--
Sa Ita Clara County
BY
STIPULATION TO TEMPORARY JUDGE
(Commissioner)
DEPUTY
CASE NUMBER:
S
Gsra,L1-4-
IT IS HEREBY AGREED between the undersigned that all proceedings, including trial and contempt in this
matter, may be heard by MARY ANN GRILLI, Commissioner of the Santa Clara County Superior Court, and a
member of the bar of this state, in accordance with Article 6, Section 22 of the Constitution of California, and
further in accordance with the appointment of said Commissioner by the Presiding Judge of the Superior Court
as temporary judge made under the authority of Article 6, Section 21 of said Constitution and Section 259(e) of
the California Code of Civil Procedure.
It is understood that said Commissioner has previously been appointed to act as a temporary judge as to all
matters assigned to her by a Judge of this Court for hearing and that she has taken the necessary oath of office as
to all matters so assigned.
Dated:
tai -ct
Petitioner/Plaintiff
Respondent/Defendant
Attorney for Petitioner/Plaintiff
Attorney for Respondent/Defendant
Claimant
Attorney for
atmant;
STIPULATION TO TEMPORARY JUDGE
3 I—Page 9 FOR COURT USE ONLY
TELEPHONE:
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME and ADDRESS):
(408) 922-1400
DISTRICT ATTORNEY, SANTA CLARAII!ONTY
F:AUL J. SEIDEL, Deputy Di51. ict Attorney 109873
2645 Zanker Road, San Jose, CA 95134
LSO4
ASSGN WORKER #
FS8 NO.: 0033317 380WXS
Public Interest (W & I 11478.2)
ATTORNEY FOR (NAME):
SANTA CLARA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
170 Park Center Plaza
STREET ADDRESS:
—BY:
FILED
Jo Z7 2 si 'SG
MAILING ADDRESS:
San Jose, CA 95113
San Jose
FERMINA LOPEZ
PETITIONER/PLAINTIFF:
CITY AND ZIP CODE:
BRANCH NAME:
RESPONDENT/DEFENDANT:
'SANT
BY
EDWARD LOPEZ
NOTICE OF MOTION
] MODIFICATION [ ] TEMPORARY SUPPORT
[1 JUDGMENT [
[ 1 Health Care
[ ] Support
DETERMINE ARREARS AND PAYBACK AMOUNT
[X] Other (specify):
1.
2.
time: 1:30 p.m.
9/18/96
in [X] dept:
c.
4.
0526847
Supporting attachments
Completed Request for Order and Supporting,
Declaration and blank Response
Financial information and blank Income
[
and Expense Declaration
e. [X] Other
[] Points and Authorities
[
NOTICE:
121
(
other (specify-):
b. Address of court [X] same as noted above [
b.
CASE NUMBER:
To (name): EDWARD LOPEZ, RESPONDENT herein,
READ THE ATTACHED REQUEST FORM. A hearing on the motion for relief requested will be
held as follows:
a. date:
3.
a.
CLERK
COUNTY
---..— DEPUTY
Or-der for
ignore t is
found to
d Testing (If you
er, you may be
IVarent.)
,
DECLARATION IN SUPPORT OF MOTION
IF YOU WISH TO HAVE A TRIAL YOU MUST APPEAR AT THE HEARING ON THE REQUEST.
•
Date:
PAUL J. SEIDEL
(TYPE OR PRINT (NAME)
(SIGNA
Notice: Child support is based on your ability to pay, which may include your income,
earning capacity, and life style. The amount of child support can be large and can
continue until the children reach age 19. You should give the court information given
about your income and expenses. If you do not, the support order will be based on other
information given to the court.
You do not have to pay any fee to file response (for 1298.05) and your completed
Financial Declaration (form 1285.50). You must file any documents with the court and
mail copies (at least five court days before the hearing date) to the District Attorney
at the following address:
See cage 2 for Proof of Service by Mail)
FOin adopted by
Rtlie
1298.09
The 4udicial Council of California
1298.09 (Nev. July 1, 1994)
NOTICE OF MOTION
(Governmental)
6040/002039Z
rev 11/94Page 10 •
PETITIONER/PLAINTIFF:
FERMINA LOPEZ
RESPONDENT/DEFENDANT:
EDWARD LOPEZ
FSB NO.41033317 380WXS
ASSGN.WORRER # .LSO4
BE!
FILEDCASE NIMR
0526847
JuZÏ
PROOF OF SERVICE
1
2
BY
2 50 Pi 196
MAWUNTYOLERK
I . am over the age of . 18, not a party to this caue240g2g6r
county where the mailing took place.
My residence or business address is:
employed in the
2645 Zanker Road, San Jose, CA 95134
3
I served a copy of this motion by enclosing it in a sealed envelope and depositing the
envelope [ ] directly in the United States mail with postage paid OR [ ] at my place
of business for same-day collection and mailing with the United States mail, following
our ordinary business yractes with which I am readily familiar.
b. Place of deposit (city and state: San Jose, CA
a. Date of deposit: b/4e.
• c. Addressed as follows:
EDWARD LOPEZ
8897 MONTEREY ROAD
GILROY, CA 95020
4. I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Date:
w227/94
...DONNA JACUZZO...
(TYPE OR PRINT (NAME)
1298.09 (New. July 1, 1994)
NOTICE OF MOTION
(Governmental)
Page two
6040/002039ZPage 11 ,
•
FSB NO.: 0033317 380WXS
# LSO4
ASSGN WR
PETITIONER/PLAINTIFF:
FERMINA LOPEZ
RESPONDENT/DEFENDANT:
EDWARD'LOPEZ
CASEMRIMR:
Fl
(THIS'IS A REQUEST, NOT AN ORAW)27
I REQUEST THE FOLLOWING ORDERS FOR:
"
10/24/74 'SANTACLARACOUNTY
ay. ----.DEPUTY
JOSEPH LOPEZ
2.
so PM 96
Date of Birtbcoury GLERK
Name
] PARENTAGE.
E5D847
A judgment that you are the parent of these children.
] CHILD SUPPORT.
Monthly child support based on the state guideline.
Earnings Assignment Order will be issued.)
a. [ ] This is a request for a change to an existing order
(1) filed on (date if known):
(2) ordering (specify):
(A Wage• and
b. Child support to commence
(1) on the date this request was mailed or given to you.
(2) [X] effective (specify):
3. [ ] HEALTH INSURANCE COVERAGE and a HEALTH INSURANCE COVERAGE ASSIGNMENT.
NOTICE: The District Attorney is seeking a Health Insurance Assignment ordering
your employer to enroll the above children in an appropriate health insurance plan.
4. [ ] FEES AND COSTS.
[ ] Fees:
[ ] Costs:
$
$
5. [X] OTHER REQUESTS (specify): DETERMINE AMOUNT OF CHILD SUPPORT ARREARS OWING, INCLUDING
ACCRUED INTEREST, ENTER JUDGMENT FOR SAID AMOUNT PLUS PAYBAC1c AMOUNT.
6. [X] FACTS IN SUPPORT of this request are:
[X] contained in an attached Declaration.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Date:
c ,
:
PAUL J. SEIDEL
(TYPE OR PRINT NAME)
Form adopted by Rule 1298.03
The Judicial
Council of California
1296.03 ibew. July 1, 1994)
(SIGNATURE OF APPLICANT)
REQUEST FOR ORDER AND SUPPORTING DECLARATION
(Governmental)
6040/002039ZPage 12 •
•
•
FILED
1
2
3
4
.5
6
so it '96
Int 27 2
GEORGE W. KENNEDY
District Attorney
Santa Clara County
COUNTY CLEruc
BY: RAY MORRIS Bar No. 47002
SANTA CLARA COU'ITY
Deputy District Attorney
BY
2645 Zanker Road
San Jose, CA 95134
Telephone: (408) 922-1400
Attorney For The Public Interest (W & I 11478.2)
FSB No.: 0033317 380GFF
T457ENF
ASSGN WORKER #
7
8
9
10
11
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA
Plaintiff,
VS.
NO.
0526847
DECLARATION REGARDING ARREARS
EDWARD LOPEZ
12
Defendant.
13
14
I, ERIN BIGELOW, FAMILY SUPPORT OFFICER, Family Support Division of Santa
15
Clara County am a duly qualified custodian of the records of the Family
16
Support Trustee.
17
determined as follows:
I have reviewed the pay history of the obligor and have
18
Total Principal Due:
$ 20,600.00
19
Total Interest Due :
$ 15,790.38
20
Balance Due:
$ 36,390.38
21
The above is the amount due as of MARCH 1, 1996
22
I declare under penalty of perjury that the above is true 4nd correct.
23
24
Date:
MARCH 27, 1996
25
26
George W. Kennedy
District Attorney
County of Santa Clara
San Jose, California 95110
5401 REV 1/91
7425/002198U
rev. 3/94
ERIN BIGELOW, FAMILY
ORT OFFICERPage 13 DATE:
INTEREST CALCULATION
DA -FSB A'RREARS
BD117001...
SEM 5551153a
PAY91-,
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
:1P1ME - ADDRESS
OPEN
89
77-130208-A
niT7
04/11/84
IOC H1,1K 0.56
100
ORDER NO 0526847
TOTALS
ACCOUNT
DIRECT
RECEIVED
OWED
00141H•(k
0.00
INITIAL PRINCIPAL OWED
0.00
0.00
0.00
)(iN PI
/00)
0.00
0.00
0.00
i CD
20600.00
0,00
TOTAL OWED
0,00
0,00
MAR 84
0.00
0.00
200.00
APR 84
0.00
0.00 TOTAL RECEIVED
0,00
MAY 84
0.00
PRINCIPAL
TO
APPLIED
*WAS
0.00
0.00
2'°0.00
JUN 84
°.00
INTEREST
TO
APPLIED
*WAS.
0.00
0,00
200.00
JUL 84
0.00
*WAS APPLIED TO CURRENT
0.00
0.00
AUG 84
0,00
0.00
200.00
SEP 84
20600,00
TOTAL PRINCIPAL DUE
0.00
0.00
200.00
OCT
oh
15790.38
DUE
INTEREST
TOTAL
0.00
0.00
200.00
Nov
BILL)
(NO
0.00
0.00
34
:200.00
DEC
7°
71
DUE
BALANCE
0.00
0.00
1800,00
TOTAL
03/01/96
OF
'AS
FERMINA
PAYEE NAME: LOPEZ
PEE!-NEXT. PF9-NEW ACCT
PF7-PREV
-F3-MENU
PRESS ENTER-CALCULATE INTEREST
IsATE: 04/16/9f5
CALCULATION
DA-FEB ARREAPS , INTEREST
1:DM-ZOGC
PAYOR - SEN 555115338
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
- ADDRESS
CYWAnn
OPEN
89/
77-130208-A
04/11/94
LOC UNK 0286
::;52:J647
•
CA
TOTALS
MONTH YR- • INITIAL PRINCIPAL OWED
0.00
200.00
dAN
200.v0
,,
TOTAL 7u7r
0.00
200.00
APR 85
0.00
0,00 TOTAL RECEIVED
C..00
200.00
e5
0.00
*WAS APPLIED TO PRINCIPAL
0.00
0.00
200.00
jUN 85
0.00
*WAS APPLIED TO INTEREET
0.00
0.00
200.00
JUL 95
0.00
CURRENT
TO
ADPLIED
*WAS
0.00
200.00
0.00
AS,
200.00
0.00
0.00
SEP e5
2 6
TOTAL PRINCIPAL DUE
0.00
DUE
INTEREST
TOTAL
0.00
0.00
NOV 85
200,00
)
N0 B
0.00
.00
200.00
85
E;
..
3
6-.Z.S
DUE
BALANCE
0.00
-00
2400.00
'0.TAL
AS OF 03/01/96
FERMINA
F.AYEE Nt,ME LOi
PF9-NEW ACCT
PF8-NEXT
PF7-PREV
PF3-MENU
C6LC..Ui.IViE *INTEREST
PH7"S
04/16/96
TATE:
INTEREST CALCULATION
DA -FSB ARREARS
BDM300C
- ESN 55',115388
or:N. CLOSE DATE
TY:.LCODC
ACCT. NO.
ADDRES:,'
NAME
OPEN
P9
EDWARD
04iii/E4
LOC UNK
100
0526847
kl..,`;'11,1
ACCOUNT TOTALS
kECEiVED
OWED
vwfOTH
•
•
--TNJ5-IAL.--PRI-NO-fPAL- OWED
013
:,
r(iN 36 - 'n0:(00/00)
200.00
ri
8?.,
0.00
20600.00
TOTAL OWED
206.00 •
M(W 86
0.00
200.00_
APR 30
0.00
_
0.00
0.00'
1-IbtAL - RECEIVEDMAY als- _200.00
0.00Page 14 DAT-: 04/16/96
INTE :TT_C. ALCULATION
BDM300C
_______DA=ESP_ARREARS
ESN 55511 5388
PAYOR
:N-CLOSE DATE
TYPECODE
ACCT. NO.
ADDRESS
89
77-130208-A
EDWARD
LOPEZ
04/11/84
LOC HNK 0286
100
0526847
NO
ORDER
FRESNO rA
TOTALE
ACCOUNT
DIRECT
RECEIVED
OWED
MONTH YR
0.00
INITIAL PRINCIPAL OWED
0:00
0.00
200.00
JAN 87
(00/00)
0.00
0.00
200.00
FEB 87
20600.00
TOTAL OWED
- 0.00
200.00
0.00
MAR 87
°AO
0,00
200.00
APR 87
0,00
TOTAL RECEIVED
200,00
0.00
MAY 87
0,00
PRINCIPAL
TO
APPLIED
*WAS
200.00
0.00
jUN 87
0.00
INTEREST
TO
APPLIED
*WAS
0.00
200.00
jUL 87
0.00
CURRENT
TO
*WAS APPLIED
0.00
7'00,00
AUC 67
200.00
0.00
EEP 87
20600,00
TOTAL PRINCIPAL DUE
0.00!
0.00
200.00
OCT 87
15790.38
'1OTAL INTEREE1 DUE
0,00
200.00
0.00
NOV 87
(NO BILL)
0.00
0.00
200,00
DEC 87
363.90,38
TrAl ANCL riuE
0.00
0.00
2400,00
TOTAL:
_OE OF 03/01/96
FERMINA
PAYEE NAME: LOPEZ
RFS-NEXT • PF9-NEW ACCT
PF7-PREV
PE3-MENU
PRESS ENTER-CALCULATE INTEREST
DATE: 04/16/96
DA-FED ARREARS & INTEREST CALCULATION
BDM300C
PfY;OR - EEN 555115388
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
NAME - ADDRESS.
CPEN
39
77-13020S-A
EDWARD
LOPEZ
04/11/84
0286
LOC UNK
100
ORDER N 0 052684Y
FRESNO CA
ci
N
cz:
DIRECT
RECEIVED
pwED_
MONTH YR
0,.00
R .N CIPArT
I
0.00
200.00
-JAN 88
(00/00)
0,00
.200.00
3TAL
0.00
AF-R
0.00
TOTAL RECEIVED
200,00
'10
*WAS ff,:FPLLED
0.0'0
jUN
0.00
*WAS APPLIED TO INTEREST
200.00
0.00
JUL 88
0.00
*WAS APPLIED TO CURRENT
O On
0..00
200.00
AUG 22
O 00
200.00
0_00
EFP
20600_00
TOTAL PRINCIPAL DUE
O 00
200.00
0_00
OCT 88
i 5790.38
DUF
TOTAL INTERE5,7
0.D0
0.00
200.00
NOV 89
(
NO BILL)
0.00
0,00
200.00
DEC 88
36390.38
BALANCE DUE
0.00
2400.00 •
TOTAL:
03/01/96
OF
.
AS
PMENA
LOPEZ
NAME:
PAYEE
PE8-NEXT PF9-NEW ACCT
PRESE ENTER-CALCULATE INTEREST
DATE: 04/16/96
Y" CALCULATION
DA-FEB ARREARS &
BDM300C
PAYOR - EZN 555115388
nPEN-CLOSE
TYPECODE
ACCT. NO,
ADDRESS
NAME .
OPEN
89
77-13020S-A
EDWARD
LOPEZ
04/11/84
0286
LOC UNK
100
ORDER NO 0526847
FRESNO CA
TOTALS
ACCOUNT
DIRECT
RECEIVED
OWED
MONTH YR
0.00
AL PPJNCIPAL OWED
jAN__S9_ _2.00.000.
0., 00
(00/00)
0.00
0,00
200.0'0
FEB E19
20600.00
TOTAL OWED
0.00
200.00
MAR 89
. 0.00
0.00
200,00
0.00
APR 89
-,„
0.00 TOTAL
0.00
200.:00
MAY 89
.
0.00
APPLIED-TO-PRINCIP,AL
*WAS
0.00.
0.00
200.,00.
JUN 89
0.00
INTEREST
TO
APPLIED
*WAS
0.00
0.00
200.00
JUL 89
0.00
CURRENT
TO
APPLIED
*WAS'
0.00
0.00
200.00
AUG 89
0.00
200.00
0.00
ECP--a9
TOTAL PRINCIPAL DUE '..20600.00
0.00
0.00200,00
OCT 89
.1
TOTAL INTEREST DUE'' 15790.38
0.00
200.00
0.00
_
NOV 89
BILL:
-(NO
0.00
' .
200T0.0 `
0.00
DEC 89
I
-36390.38:
-'BALANCE
DUE
0.00
2400.00
0.00
TOTAL:
A.7 OF
03toi-Pplm4A4AwmOfti.qo,AtPage 15 •
•
VAIL: U/4/16/Y0
DA-FSB ARREARS & INIERLSI UPiLUULAI1UN
PDM300C
55!:51153,SO
- ESN
PAYOR . .
TIFECODE WEN-CLOSE DATE
ACCT. NO.
NANE -. ADDRESS
OPEN
89
77-130208-A
EDWARD
LUPEZ
04/11/84
LOC UNK 0286
100
ORDER NO 0526847
FRESNO CA
TOTALE
ACCOUNT
DIRECT
OWED
MONTH YR
0,00
INITIAL PRINCIPAL OWED
0.00
200,00
JAN 90
(00/00)_
0,00
200.00
FEB 90
20600.00
TOTAL OWED
0.00
m" . 200.00
MAR 70
0,00
200.00
APR 90
0.00
0.00 TOTAL RECEIVED
200.00
90
MAY
0.00
*WAE APPLIED TO PRINCIPPL
0.00
200,00
JUN 90
0.00
INTEREST
TO
APPLIED
xWAE
0.00
200.00
jUL 90
0.00
CURRENT
TO
APPLIED
*WAS
0.00
200.00
AUG 90
200,00
SEP 90
20600.00
TCTAL PRINCIFAL DUE
200.00
OCT 90
15790.38
DUE
INTERF.ST
TOTAL
200.00
NOV
(NO
BIL-)
200,00
DEC 90
7i7on
DU:
BALANCE
2400,00
TOTAL:
'AS OF 03/01/96
PAYEE NAME: LOPEZ
FF8-NEXT PF9-NEW ACCT
PF7-PREV
PRESS ENTER-CALCULATE.INTEREET . PF3-MENU
DATE 0--...16/93
DA-FSE ARREARS & INTEREST CALCLATION
BDM-300C
PAYOR - SEN 555iff3O3
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
NAME - ADDRESS
OPEN
89
77-130208-A
EDWARD
LOPEZ . •
04/11/84
LOC UNK o286
,/
100
ORDER NO 0526847
FRESNO CA
(2COUNT TOTALS.
MOW141)--YR"-4*4(1ttE,D44 ,64:0,00
INITIAL PRINCIPAL OWED
o.00
o.0a_.
200,00
9t
J.
(00/00)
0.00
0.00
200.00
FEB 71
20600_00
TOTAL nWcD
0.00
0.00
200,00
MAR 04
0.00
0.00
200.00
APR 91
9.00
TOTAL RECEIVED
0.00
0,00
200.00
91
MAY
0_00
PRINCIPAL
TO
APPLIED
*WAS
0.00
0,00
200,00
jUN 94
0.00
*WAS APPLIED TO INTEREST
0.00
0.00
200,00
JUL 91
TC
APP._IED
0.00
0.00
200.00
AU:;
0.00
0,00
200.00
1
SEP
20600.00.
TOTAL PRINCIPAL DUE
0.00
200.00
0.00
OCT 91
04
15790,32
DO.7
INTEREST
TO7AL
0,00
0.00
200.00
NOV
(NO
BILL)
4
0.00
0.00
200.00
DEC
36390.38
DUE
BALANCE
0 00
0.00
2400,00
TOTAL:
•
AS OF 03/01/96
I-EkM1NA
PAYEE NAME: LOPEZ
RF9-NEW ACCT
FXT
PF7-PREV
MENU
PRESS ENTER-CALCULATE INTEREST
04/16/96
DATE:
DA FS: ARREARS & INTEREST CALCULATION
BDM300C
PAYOR - ESN 555115388
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
NAME - ADDRESS
e9
77-13020E-A
EDWARD
LOPEZ
04/11/8-4
LOC UNK 0286
100
ORDER Nb 0526847
FRESNO CA
TOTALS
ACCOUNT
DIRECT
RECEIVED
•
YR
OWED•
MONTH
05-00
0--;00- • - - 0
- INITIAL. PRINCIPAL .0MED
200:0-0(oo/oo)
0.00
0.00
200.00
FED 9-)
2000(:,..00
TOTAL OWED
O .00
200.00
0.00
MAR 92
mA
JUN
JUL
EEF
OCT
N0V
DEC
-Urr(M
9.s.77.37.0t;W
92 . 200.00
92.200-:06:--200,00
92
200.00
92
200A0
92
W
04.0444::.
92
ftbo,00
6.op_
0,00
0.00
o.oa.
- 9.00 0,00
0.00
0.00 ibTAL'RECEIVED
0,00
*WAS APPLIED TO PRINCIPAL
0.00
0.00
*WAS APPLIED TO INTEREST
0:000.00
*WAS AP,P'TED TO CUPET
0,00
0,00
20600.00
TOTAL PRINCIPAL DUE
0.00
TOTAL INTEREST DUE . 15790.38
0.90
(NO BILL)
0.00
36.390,35
BALANCE D(E
0.00Page 16 DATE: 04/16/96
DA-FSB ARREARS & INTEREST CALCULATION
BDM300C
Pf*:::YOR -.ESN 555115388
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
NAME - ADDRESS
OPEN
8?
77-13020S-A
EDWARD
LOPEZ
04/11/84
LOC UNK 0286
f;00
ORDER NO 0526847.7
FRE:':.:NO CA
ACCOUNT TOTALS
DIRECT
_RECEIVED
OWED
MONTH:YR
7- 0.60-o.bo" .
.JAN- 93
0 ,e) 0
(00/00)
0,00
0,00
'7ED 93
TOTA:„ OWED
0,00
0.00
0.00
0.00 TOTAL RECEIVED•
0.00
0.00
MAY 93
0,00
PRINCIPAL
TO
APPLIED
*WAS
0.00
0.00
00
JUN 93
n nn
TNTFREST
TO
*WAS
APPLIED
0,00
0.00
jUL 9.v.00
0.00
*WAS APPLIED TO CURRENT
0.00
0.00
97
:n.fc
0„60
0.00
0.00
9Z
20600.00
TOTAL PRINCIPAL DUE
0.00
0,00
0.00
COT 93
15190.32
DUE
INTEREST
TOTAL
0.00
000
N2V
(NO
BILL)
0.00
0,00
0.00
vEO 93
36390.38
DUE
BALANCE
0„00
TPTAL
0.00
0.00
AS OF 03/01/96
FERMINA
-AT'Et NAME LOPEZ
PF8
-NEXT PF9-NEW ACCT
PF7-PREV
PF3-MENU
1Nfi
PRESS ENTER OALr,U1
DATE: 04/16/96
INTERES- CALCULATION
BDM3tv)1:
555115388
7AYOR
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
ADT1:4:ESE
NAME
OPEN
77-130208-A
89
EDWARD
LOFF7
04/11/84
uhfl, T286
100
ORDER NO 0526847
FPFSNO rA
ACCOUNT TOTALS
DIRECT
HLCEIVED
OWED 0.00
INITIAL PRINCIPAL OWED
0,00
0.00
0.00
f,00/00)
0.00
FED Y4
0,00
20600.00
TOTAL OWED
0.00
0,00
0.00
0.00
„ 4,.. 0.00
MAY 94
.0.00
.
TOMOCIPAL_
JUN 94
0.00
1k7AfkL,T01_*W-1
6
P- 00
0.00
APPLIED.,T0_,.INTEREST
0.00
JUL 94
--CiiRR'ENTIt
-T;;WAARPLIED0,00
41UC
0,00
0-.7n
0.00
0,00
TOTAL PRINCIPAL DUE '.20600,00
0.00
0.00
OC T /4
i5790.30
TO'TAL'INTEREET DUE
0.00
NOV 94
0.00
• : . A'NO BILL) 0.000..00
DLO 94
- ;36390.38
• -BALANCE DUE
a.000.00
TOI(IL
AS-;•";:arz 0:3/01/96
,Page 17 VA , : 04/16/96
DA-FEB ARREARS & INTEREST CALCULATION
BDM300C
PAYOR -.ESN 555115388
OPEN-C-L0,-;E
TYTI- CODE
ACCT. NO.
ADORESS
OFLN
S?
EDWARD
LOPEZ
04/ 1 1/:,4
LOC UNK 0286
'11, DER NO 0526847
FRESNO OA
ACCOON1 TOTALS
DIRECT
1
W,D
PIC!
YR
MONTH
CIW! P
INITIAL
00
jAN 95
(00/00)
0,00
0.00
0,00
FEB 95
20600.00
1WFD
0,00
0.00
MAR 95
0.00
0.00
0.00
APR 95
0.00 .1.TAL P7CEDiFn
0.00
MOY 95.
0 AO
0-.00
D IU
0.00•k -WAS
0.00
0,00
JUN 95
0.00
INTEREST
TO
:,Fi'LALD
A-WAY
0.00
0.00
0.00
JUL 95
°.00
CURRENT
Ocr.'
TO
°PLIED
lt-WAS
0.00
0.00
0,00
AUG
0_00
0 -0
0.00
SEP 95
ic;NrIFAI DUE
(,0
0.00
O "
COT 95
15790.38
INTEREEF MJE
TnTA1
0.00
0.00
0.00
NOV 95
(Ng
DEC 95
36390 58
DUL
//
0.00
0.00
TOTAL:-0.00
f01/9j
"or
PAYEE NAME: HPI.
°F-d-NI-XT
PF3-MENU
INTEREST
PRf.S2:,i',ENTER-OALCULATE
04/10/WyR ES1- CALCIkATION
R. AR R EA R
"7ffff
- EEN 555415388
OPEN-OLCS: DATE
TvPECODE
ACCT. NO.
NAME - ADDRESS
EDO!.
.
RD
LOPEZ
04/11/8L
LOC UNK 0286
0526847
FRESNO CA
ACCOUNT TOTALS
RECEIVED
OWED
MONTH YR
0.00
PRINCIPAL OWED
INITIAL
0,00
96
0,00
0.00
0.00
FEB 96
20600.00
.,• A L..
T1:::!"
0.00
0.00
MAR 96
0.00
APR 96
00
MAY 96
TO PRINCIPAL
0.00
jUN 96
TO INTERESI
0.00
96
.1111
TO CURRENT
0,00
AUG 96
0.00
SEP 96
20600.00
TOTAL PRINCIPAL DUE
0.00
OCT 96
15790.38
DUE
INTEREST
TOTAL
0.00
NOV 96
BILL)
(NO
0.00
DEC 96
36390.38
DUE
BALANCE
0.00
0.00
TOTAL:
A. OF 03/01/96
PAYEE NAME: LOPEZ
PF9-NEW ACCT
P'-7-PREV
PRESS ENTER-CALCULATE INTEREET
vs-Page 18 1
4
LEO HIMMELSBACH
District Attorney
Santa Clara County
BY:AL FABRIS
Deputy District Attorney
1560 Berger Drive
San Jose, CA 95112
6
Telephone: 299-7000
Attorney for Petitioner
DA#130208/T1N1/cft
2
3
7
FERMINA LOPEZ,
Petitioner,
11
13
DEPUTY
)
)
)
No. 526847
)
)
).
ORDER TO MAKE CHILD SUPPORT
PAYMENTS TO FAMILY SUPPORT
TRUSTEE
)
VS.
EDWARD V. LOPE;,
14
15
BY
IN AND FOR THE COUNTY OF SANTA CLARA
9
12
County Ciork
Santa C C unty
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
10
JUL 06 1984
Respondent.
)
)
)
Pursuant to prior Order dated
April 3, 1984
EDWARD V. LOPEZ
16
in the aboVe-entitled •action,
17
was ordered to make support payments for his minor child(ren) as
18
follows:
19
DOB: 10/24/74
JOSEPH LOPEZ
$200.00
20
21
22
23
24
for a total of $ 200.00
25
on the
3rd
monthly, as follows:
$200.00
day of each month 0000000=XXXXXXXXXXXXXXXXXXX
26 XXXXXXXXXXXXXXXXXXWX=====k commencing onApril .1. 1984
Leo Himmelsbach
DistrictAttomey
County of Santa Clara
San Jose, California 95110
6
7246 REV 6/83
- 1 -
.Page 19 1
IT IS NOW ORDERED that payments including all sums previously
ordered
as child support in this action, except any amounts
heretofore paid, be made payable to the Family Support Trustee,
4 County of Santa Clara, P.O. Box 1870, San Jose, CA
95115.
5
Further, that said respondent shall notify the District Attorney
6
of any change of address or employment within five days of such
7
change.
8
9
10
11
DATED:
JUL
3 1984
12
13
JUDGE OF THE SUPERIOR COURT
14
15
16
17
18
19
20
21
22
23
24
25
26
Leo Himmelsbach
District Attorney
County of Santa Clara
San Jose, California 95110
S
7246 REV 1 2/8 3
2Page 20 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
TELEPHONE NO.: ,
SERNA, ESQ.
. 18.45:ThelA1ameda •
- San Jose, CA 95126
ATTORNEY FOR (NAME): •
(408)
Pptitinnpr
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
191 N. First St.
San Jose, CA 95113
Tr..EED
'3 3i 11 %4
FOR Cat.I
1—
29.4 - 9002
Ara
Santa Clara
7:ODE
G. FRANKLIN
cting county Clerk
BRANCH NAME:
MARRIAGE OF
FERMINA LOPEZ
. PETITIONER:
EDWARD V. LOPEZ
RESPONDENT:
. I
INTERLOCUTORY JUDGMENT OF
DISSOLUTION OF MARRIAGE
1. This proceeding came on for
MI"default or uncontested
Default entered 2/9/84
•
(- 1Dept.:
a. Date.
A7,
•b. Judge (name):
I\ I
•
( 11 ( r 4.1
1
f- 1
contested
Ei
Div.:
hearing as follows
EJ Room:
h
4
iu ttl-tr 1r-Attorney prešent in court (name):
Respondent present in court
FT
Attorney present in court (name):
Claimant present in court
n
Attorney present in court (name):
2. The court acquired jurisctiction of the respondent on (date):
a. Lij Respondent was served with process.
b. (=
1
El
c. E.J Petitioner present in court
e. Ej
:
I
<
I 6.-1
CASE NUMBER:
526847
r\
• ,
I Af f
Code Section 4511
Temporary judge
a:.
9/22/83
Respondent appeared.
3. THE COURT ORDERS
a.
An interlocutory judgment be entered and the parties are entitled to have their marriage sdissolved.
b.
Atter six months from the date the court acquired jurisdiction of the respondent a final judgment of dissolution may be entered
upon proper application of either party or on the court's own motion, unless a dismissal signed by both parties is filed. The
final judgment shall include such other and further relief as may be necessary to a complete diOosition of this proceeding,
but entry of the final judgment shall not deprive this dourt of its jurisdiction over any matter exPressly reserved to it in this
or the final judgment until a final disposition is made of each such matter.
I.
c.
Jurisdiction is reserved to make such other and further orders as may be necessary to carry out the provisions of this judgment.
4..
THE COURT FURTHER ORDERS
a. (:::] Wife's former name be restored (specify):
b.ia) other:
See Attachment
Dated.
Judge ot the Superior Court
5. Total number of pages attached.
n
1
Signature follows'last attachment
THIS INTERLOCUTORY JUDGMLMÍ DOES NO r CONST I rUTE A FINAL DISSOLUTION OF MARRIAGE AND THE PARTIES ARE S I ILL ;
MARRIED. ONE OF THE PARTIES MUST SUEsmi I A NCO! /EST I-OH FINAL JUDGMENT ON THE FORM PRESCRIBED BY RULE 1288 I
NEITHER PARTY MAY REMARRY UN111.. A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
rdiv A
ALTHOUGH AN OBLIC,41.4.W EtA
IF THE PARTY TO wHOM I HE i nit
AH v
OF ACTION AGAINS I THE oTHf
_•- ---• • _
THAC
A•••:•,;(Thrt t.") .10 ONE PARTY AS PART OF THE DIOSION OF THE COMM! iNi
'.1
/(iivEL) DEFAULTS ON THE CONTRACT. THE CREDITOR mAY HAL E A
No altuchnlen,
• C::0 6
•
JUDGMENT
OFPage 21 INTERLOCUTORY OF JUDGMENT OF DISSOLUTION OF MARRIAGE
-
• Case No:
1.
LOPEZ v. LOPEZ
52684,7
Child Custody
Petitioner is awarded the care, custody and control
of the minor child, Joseph Lopez born October 24, 1974,
a male.
2.
Visitation
Visitation is reserved until such time that Respondent
comes in to Court to establish schedule.
3.
Child Support
That Respondent is ordered to pay $200.00 of child
support for Joseph Lopez, Petitioner's and Respondent's
son.
4.
Spousal•
Support
.The Court hereby reserves.jurisdiction over the issue
of spOusal support as to Petitioner and Respondent.
5.
'Maiden Name
. Petitioner will be returned her maiden name, Fermina
Perez.
•
6.
Attorney's Fees and Court Cost
.That Respondent pay $340.00 to Petitioner for attorney
fees and cost in this action.
7.
Community Property and Debts
There is no community property
arising from this marriage.
ity debts,
DATED:
DGE
SUPERIOR COURTPage 22 MARRIAGE OF (last name—first name of parties):
Lopez,
CASE NUMBER:
1
• Fermina, Edward
526847
DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION (FAMILY LAW)
Page two
9. SUPPORT If a support order or attorney fees are requested, submit a completed Judicial Council form 1285.50,
Income and Expense Declaration, unless a current form is on file. Include your best estimate oi the other party's
incorrie and expenses.
a. Spousal Support (check one)
(1) ,- *1 I knowingly give up forever any right to receive spousal support.
(2) X I ask the court to reserve jurisdiction to award spousal support in the future.
Spousal support should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution..
•
(3)pi
b.4X1 Child SupPort should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution ot
Marriage.
c.
•
10.
rxi
Attorney Fees should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution of
Marriage.
X CHILD CUSTODY should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution of
Marriage.
11. 1 2\
12.
•
El
CHILD VISITATION should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution
of Marriage.
Petitioner nResPondent is presently receiving public. assistance and all support should be made payable
to fspecify name and address): •
13. IX ) Wife requests restoration of her former name as set forth in. the propOsed Interlocutory Judgment of Dissolution
of Marriage.
Fermina Perez
14. leX Other
(See. attachment)
15. I ask that the court grant the request for an Interlocutory Judgment of Dissolution of Marriage based upon the
foregoing grounds and that the court grant the orders set forth in the proposed interlocutory judgment.
I declare under penalty of perjury under the laws of the State of California that the' foregoing is true and' correct
and that this declaration is executed on
San JOae
/2?/8.61 ..
.
Fermina Lopez
. . . . .
. . .
....
...........
(Type or print name)
Page twoPage 23 •
1
2
3
4
5
6
)1
LEO HIMMELSBACH
DISTRICT ATTORNEY
Santa Clara County
BY:AL FABRIS
Deputy District Attorney
1560 Berger Drive
San Jose, CA 95112
1
JUL 061984'
County Ciee::
Santa Cl-^ra
Linty
BY
DEPUTY
Telephone: 299-7000
Attorney for Petitioner
DA#130208/T1N1/cft
7
8
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
9
10
FERMINA LOPEZ,
Petitioner,
11
• VS.
12
13
•••
EDWARD V. LOPEZ,
•
Resporident,
14
15
)
)
)
)
)
)
)
)
)
NO. 526847
DECLARATION IN SUPPORT OF
REQUEST TO MAKE PAYMENTS TO
FAMILY SUPPORT TRUSTEE,
SANTA CLARA COUNTY
The District Attorney is required to provide
same
The District
16
service to all custodians of minor children.
17
Attorney must promptly and effectively act to enforCe the support
18
obligati9n of absent parents upon receipt of Aid tol Families with
19
Dependent Children by such absent parents, or upon request for
20
services by the persons having physical custody of minor children.
21
(W&I Code Section 1147.51, 45 CFR 302.31 and 303.33).
22
In those cases where the District Attorney is required to
23
act, it is mandatory that payment be made to the public agency
24
designated as the agency to receive and disburse child and/or
25
spousal support payments.
26
///
Leo Himmelsbach
District Attorney
County of Santa Clara
San Jose, California 95110
Srev.4/8Page 24 To facilitate the plan for Federal and State reimbursement,
"The IV-D agency (District Attorney) will maintain records
necessary for the proper and efficient operation of the plan,
including records regarding:
(iii) amounts and sources of child
and/or spousal support collections and the diStribut on of these.
collections."
(45 CFR 302.15 (iii); W&I Code Section 11457;
Civil Code Section 4801.7 and Section 4702;.C.C.P. - Section 1682)
. The Family Suppott Trustee of Santa Clara County is.the.
public agency designated by the District Attorney and the*State
Department of Social Services to receive, account for and
distribute all support collections.
Payment of support to the
Family Support Trustee, Santa Clara County is neCessary for the
District Attorney to perform his mandated duties.
DATED.:-
-June 28, 1984
DEPUTY
' ,eo Himmelobach
District Attorney
County of Santa Clara
Jose, Celifornia 95110
- 2
J. AHONEY
TRICT ATTORNEYPage 25 •
•
FOR COURT USE ONLY
TELEP
OVTTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
(408) 29.4-99.02
SERNA, ESQ.
Alamed.a .
,
• Sall Jose, CA 9.5126.-1338
ATTORNEY FOR (Name):
Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
191. N. First St.
San Jose, CA 95113
R
SANTA CLARA
BRANCH NAME:
PETITIONER:
FERNI4NA, 1„,OPEZ
RESPONDENT:
EDWARD V. LOPEZ
FINAL JUDGMENT OF
36 PH '811
LEODE G. FRANKLIN
Acting Cc..g.r.W Clerk
CITY AND ZIP CODE:
MARRIAGE OF
16
EXTbISSOLUTION OF MARRIAGE
I I LEGAL SEPARATION
E] NULLITY
DISSOLUTION OF MARRIAGE—STATUS ONLY
CASE NUM3ER:
526847
1. The court acquired jurisdiction of the respondent on (date):
9/22/83
2. THE COURT ORDERS
a. (r1 A final judgment of dissolution be entered, and the parties are restored to the status of unmarried persons.
b. n
A judgment of legal separation be entered.
c. r--1 A judgment of nullity be entered on the ground of (specify):
and the parties are declared to be unmarried persons.
3.
El-THE
COURT FURTHER ORDERS
a. Ei This judgment be entered nunc pro tunc as of (date):
b. I ,xj Wife's formbr name be restored (specify): Fermina Pere z
c. n
Other (specify):
•
rl/
Dated:
tR
31984'
Judge of the Superior CoLirt
ri
Signature follows last attachment.
4. Total number of pages attached:
NOTICE
1. PLEASE REVIEW YOUR WILL. UNLESS A PROVISION IS MADE IN THE PROPERTY SETTLEMENT AGREEMENT, THIS COURT PROCEEDING DOES NOT AFFECT YOUR WILL AND THE ABILITY OF YOUR FORMER
SPOUSE TO TAKE UNDER IT.
2. ALTHOUGH AN OBLIGATION BASED ON A CONTRACT IS ASSIGNED TO ONE PARTY AS PART OF THE
DIVISION OF THE COMMUNITY, IF THE PARTY TO WHOM THE OBLIGATION WAS ASSIGNED DEFAULTS
ON THE CONTRACT, THE CREDITOR MAY HAVE A CAUSE OF ACTION AGAINST THE OTHER PARTY.
3. IF YOU FAIL TO PAY ANY COURT ORDERED CHILD SUPPORT, AN ASSIGNMENT OF YOUR WAGES WILL
BE OBTAINED WITHOUT FURTHER NOTICE TO YOU.
No attachment permitted on less than a full page. Cal. Rules of Court, rule 201(b).
Form Adopted by Rule 1289
Judicial Council of California
Revised Effective January 1, 1982
FINAL JUDGMENT
(FAMILY LAW)
CC 4514, 4515
.....Page 26 •
•
,c+7ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS).
aE.5.5,1E: 5ERNA, ESQ. •
.184a Tbe..Alauteda
Saw Jose, CA 9.5126
ATTORNEY FOR (NAME):
MAILIfiG ADDRESS:
Petkdoner
CITY AND ZIP CODE:
1p k N. First. St.
San Josei CA 95113
FILED
ArN 16 4 36 PH 1114
SANTA. CLARA
LEODE G. FRANKLIN
Acting County Clerk
•
BRANCH NAME:
MARRIAGE OF
PETITIONER:
FETZMINA LOPEZ
RESPONDENT:
EDWARD V. LOPEZ
FOR COURT USE ONLY
(408) 29.49.002
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
TÈLEPHONE NO.:
REQUEST AND DECLARATION FOR FINAL
JUDGMENT OF DISSOLUTION OF MARRIAGE
1. The court acquired jurisdiction of the respondent on (date):
CASE NUMBER:
`-526847
19!/;Z2V83
2. An Interlocutory Judgment of Dissolution of Marriage was entered on (date):
3. Since entry of the Interlocutory Judgment the parties have not become reconciled and have not agreed to dismiss
this proceeding. No motion or other proceeding to set aside or annul, and no appeal from that part of the interlocutory
judgment granting dissolution of the marriage, is pending and undetermined, and that part of the judgment has
become final.
4. l request that final judgment of dissolution of marriage be entered.
a. 1= Endorsed copies of a Joint Petition for Summary Dissolution and a Notit_9„of Revocation are attached and
l request entry of final judgment pursuant to Civil Code section 4514(b).
b.
l request judgment be entered effective (nunc pro tunc)
(1)As of (date);
(2)For the following reason:
I .1X LOCF
1.0r F-.101J
t;c6E47 LZai
w.j" 1
A 04/ 1//b4
5.
[xi
Other request (specify):
• 6. l declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed
3/26/84
at (place): . E.an Jose
, California.
on (date).
. . . Fermina. Lopez
(Type or priht name)
,i11/11201t,
(Signature of de
arae
Jessie Serna
(Type or print name)
Form Adopted hy Rule 1288
Judicial Council of California
Revised Effective January 1, 1980
(Signature of attorney"for declarant)
REQUEST AND DECLARATION FOR FINAL
JUDGMENT OF DISSOLUTION OF MARRIAGE
(FAMILY LAW)
CC 4514, 4515Page 27 01 /4T
•
' ;NS ' OR PARTY W; TelOUT ATTORNEY (NAr.1E ANL A()
jlr.STE SERNA, 12SQ.
13;5 The A1,tlined;:,,
San Jose, CA 95177Fi
Petitioner
ATTORNEY FOR (NAME):
CiF CALIFORNiA, COUNTY OF
.,s•:•:.E.ET ADDRESS:
mAkz _NG AUDRESS:
r,16 Y ANC ZIP CODE:
191 N. First •St.
San Jose, CA 95113
,3NE: •%,-)
94-9002
cO) COURT USE ONLY
IL
SAtiTA CLARA.
APR 3 01984
BRANCH NAME:
County Clerk
MARRIAGE OF
PETITIONER:
FERMINA LOPEZ
RESPONDENT:
EDWARD V. LOPEZ
Santa C4ura Cou nty
BY
DEPUTY
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT
526847
You are notified that the following judgment was entered on (date):
1.r---1
ED
APR 1 6 1984
Interlocutory Judgment of Dissolution of Marriage
THE INTERLOCUTORY JUDGMENT TO WHICH THIS NOTICE REFERS DOES NOT CONSTITUTE A
FINAL DISSOLUTION OF MARRIAGE AND THE PARTIES ARE STILL MARRIED. ONE OF THE PARTIES
MUST SUBMIT A REQUEST FOR A FINAL JUDGMENT ON THE FORM PRESCRIBED BY RULE 1288.
NEITHER PARTY MAY. REMARRY UNTIL A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
2. (1C) Final Judgment of Dissolution of Marriage
Final Judgment of Legal Separation
3,
4. Ei Fihal Judgment of Nullity
APR 3 0 1984
Dated:
LEODE G. FRANKLIN
Acting County Clerk • • •• Clerk, By
) (*) /CYVV4461-1
, Deputy
CLERK'S CERTIFICATE OF MAILING
I certify that I am not a party to this cause and that a copy of the foregoing was mailed first class, postage prepaid,
in a sealed envelope addressed as shown below, and that the mailing of the foregoing and execution of this certificate
California,
occurred at (place).
'Jose'
APR 3 0 1984
on (date):
G7-
LEODE G. FRANKLIN
Acting County Clerk
JESSIE SERNA
C/O Fermina Lopez
1845 The Alameda
San Jose, CA 95126-1778
Yv
Clerk, By
G7
, Deputy
JESSIE SERNA
C/O By Publication .
1845 The Alameda
San Jose, CA 95126-1778
—1
_J
Form Adopted by Rute 1290
Judicial Council of California
NOTICE OF ENTRY OF JUDGMENT
v AmpPage 28 •, -,,,•;79RNEY OR PARTY WITHOU1 ;ITTOFINE
fNAME
SERNA, ESQ.
1245 The Alameda
San Jose, CA 95126-1778
Petitioner
A TTORNEY ;:OR (NAME):
JESSIE
MAILING ADDRESS:
CITY AND ZIP CODE:
^
(PHONE i1O
(.4'4E"; 294-9002
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
y• ^
191 N. First.St.
San jose, CA 95113
COURT OSE
(!ENDORSED)
FIL E
SANTA CLARA
BRANCH NAME:
County
FERMINA LOPEZ
PETITIONER:
RESPONDENT:
Santa
By
Clerk
Clara Count
I
y
EDWARD V. LOPEZ
DEPUTY
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT
526847
You are notified that the following judgment was entered on (date):
1.
APR 30 1984
1
MARRIAGE OF
APR
6 1984
Interlocutory Judgment of Dissolution of Marriage
THE INTERLOCUTORY JUDGMENT TO WHICH THIS NOTICE REFERS DOES NOT 'CONSTITUTE A
FINAL DISSOLUTION OF MARRIAGE, AND THE PARTIES ARE STILL MARRIED. ONE OF THE PARTIES
MUST SUBMIT A REQUEST FOR A FINAL JUDGMENT ON THE FORM PRESCRIBED:BY RULE 1288.
NEITHER PARTY MAY. REMARRY UNTIL A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
2. DE Final Judgment of Dissolution of Marriage
Final Judgment of Legal Separation
Final Judgment of Nullity
3. ri
4. ri
APR
3 0 1984
Dated:
LEODE G. FRANKLIN
Acting Counti ele.rk
Clerk, By
, Deputy
CLERK'S CERTIFICATE OF MAILING
I certify that I am not a party to this cause and that a copy of the foregoing was mailed first class, postage prepaid,
in a sealed envelope addressed as shown below, and that the mailing of the foregoing and execution of this certificate
, California,
occurred at (place):
San.j6se.
APR 3 0 1984
on (date):
LEODE G. FRANKLIN
Acting County Clerk
, Deputy
17.
JESSIE SERNA
C/O Fermina Lopez
1845 The Alameda
San Jose, CA 95126-1778
Form Adopted by Rule 1290
Judicial Council of Californla
Y(vvv•
Clerk, By
JESSIE SERNA
C/O By Publication .
1845 The Alameda
San Jose, CA 95,126-1778
NOTICE OF ENTRY OF JUDGMENT
tx may
_JPage 29 •
'
•
.
•
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
TELEPHONE NO.: ,
4S4.13,Nik.• ESQ.
. 1845: 'The*. 'Alameda •
San. Jose, • CA 9.5126
ATTORNEY FOR (NAME): •
.1408) 29.479902
•
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Santa Clara
-
STREET ADDRESS:
1.91 N. Fir'st St.
San Jose, CA 95113
MAILING ADDRESS:
CITY AND ZIP CODE:
FOR crrEELD
kit 16 3
PM 14
EODE G, FRANKLIN
Acting County Clerk
BRANCH NAME:
MARRIAGE OF
FERMINA LOPEZ
. PETITIONER:
EDWARD. V. LOPEZ
RESPONDENT:
INTERLOCUTORY JUDGMENT OF
DISSOLUTION OF MARRIAGE
1. This proceeding came on for
DE•tfefault or uncontested
, Default entered '2/9/84
op 7
a. Date:
b. Judge (name):
c. fJ
„nr
_Dept.: 1
Mary
Niartf__S
CASE NUMBER:
526847
r7
contested
hearing as follows
El
Div.:
E3 Room:
r4RTemporary
- -
Respondent present in court
E7 Attorney present in court (name):
e. fJ
Claimant present in court
fJ
Attorney present in court (name):
2. The court acquired jurisctiction of the respondent on (date):
b. fJ
judge
E7 Attorney present in court (name):
Petitioner present in court
d. fJ
a. al
Affidavit -Pena-1Code Sectiop 4511
,
9/22/ 83
Respondent was served with process.
Respondent appeared.
3. THE COURT ORDERS
4.
a.
An interlocutory judgment be entered and the parties are entitled to have their marriage dissolved.
b.
After six months from the date the court acquired jurisdiction of the respondent a final judgment of dissolution may be entered
upon proper application of either party or on the court's own motion, unless a dismissal signed by both parties is filed. The
final judgment shall include such other and further relief as may be necessary to a complete disposition of this proceeding,
but entry of the final judgment shall not deprive this court of its jurisdiction over any matter expressly reserved to it in this
or the final judgment until a final disposition is made of each such. matter.
c.
Jurisdiction is reserved to make such other and further orders as may be necessary to carry out the provisions of this judgment.
Pn
a. fJ
b. in
THE COURT FURTHER ORDERS
Wife's former name be restored (specify):
Other:
See, kttathrripnt
Dated*
Judge of the Superior Court
5. Total number of pages attached:
l Signature follows last attachment
1
1
CONSTITUTE A FINAL DISSOLUTION OF MARRIAGE AND THE PARTIES ARE STILL
THIS INTERLOCUTORY JUDGMENT DOES
MARRIED. ONE OF THE PARTIES MUST SUBMIT A REQUEST FOR FINAL JUDGMENT ON THE FORM PRESCRIBED BY RULE 1288 I
NEITHER PARTY MAY REMARRY UNTIL A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
No-r
ALTHOUGH AN OBLIGATION BASH) ON A CONTRACT IS ASSIGNEE) TO ONE PARTY AS PART OF THE DIVISION OF THE COMMUNI e
IF THE PARTY TO WHOM 71-1E i.")BLIGA HON WAS ASSIGNEE) DEFAULTS ON THE CONTRACT, THE CREDITOR MAY HA vE A C.4(
OF ACTION AGAINST THE OTHER &ARTY.
. .
.
. .
Nu attathmeni porniittec, )11Itts.;,
011r, 6
`:c 6.
n4
1INU4kL..,.)cf.W'JUDGMENTOF
r ;44ARRIAGEPage 30 •
4"
•
INTERLOCUTORY OF JUDGMENT OF DISSOLUTION OF MARRIAGE
LOPEZ v. LOPEZ
Case No:
1.
526847
Child Custody
Petitioner is awarded the care, custody and control
of the minor child, Joseph Lopez born October 24, 1974,
a male. Ï.
2.
Visitation
Visitation is reserved until such time that Respondent
comes in to Court to establish schedule.
3.
Child Support
That Respondent is ordered to pay $200.00 of child
support for Joseph Lopez,.Petitioner's and Respondent's
son.
4.
Spousal Support
The Court hereby reserves jurisdiction over the issue
of . spousal support as to Petitioner and Respondent.
5.
Maiden Name
Petitioner will be returhed her maiden name, Fermina
Perez.
6.
Attorney.'.s Fees arid Court Cost
That Respondent pay. $340.00 to Petitioner for attorney
fees and.cost in this action.
7.
Community Property and Debts
There is no community property
arising from this marriage.
ty debts,
DATED:
DGE jr
SUPERIOR COURTPage 31 TBLEPHONE:
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
JESSIE SERNA, ESQ.
1845 The Alameda
San Jose, CA 95126-1778
ATTORNEY FOR (NAME):
Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
191 N. First
San Jose, CA
(408) 294-9002
FOR COURT USE ONLY
E
°
16 :3
37.
PH '114
SANTA CLARA
St.
_LEODE G. FRANKLIN
Acting Count)/ Clerk
95113
BRANCH NAME:
MARRIAGE OF
PETITIONER:
FERMINA LOPEZ
RESPONDENT:
EDWARD V. LOPEZ
DECLARATION FOR DEFAULT
OR UNCONTESTED DISSOLUTION
CASE NUMBER:
526847
1. l declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration.
2. I stipulate that proof will be by this declaration and that I will not appear before the court unless I am ordered
by the court to do so.
3. Either the petitioner or the respondent has been a resident of this county for at least three months and of the
tate of California for at least six months continuously and immediately preceding the date of the filing of the Petition
for Dissolution of Marriage in this action.
4. All the information in the [X] petition ri
response is true and correct.
5. The default of the respondent was entered in these proceedings OR the parties have stipulated that•the matter
may proceed as an uncontested matter without notice.
6. There are irreconcilable differences that have led to the irremediable breakdown of the marriage and there is no
possibility of saving the marriage through counseling or other means. '
7. This declaration may be reviewed by a commissioner sitting as a temporary judge and that judge may determine
whether to grant this request or require my appearance under section 4511 of the Civil Code.
8. PROPERTY AGREEMENT—Check a. or b.
a. = The parties have entered into an agreement regarding their property and marital rigt--ts, the original or a
true copy of which is or has been submitted, and the cOurt is requested to approve the agreement.
OR
There is NO AGREEMENT, and the following statements are true: (check at least one)
(1)
There are no community or quasi-community assets to be disposed of by the court.
(2)F - 1 There are no community debts to be disposed of by the court.
(3) X The division of community and quasi-community assets and debts is set forth in the proposed Interlocutory Judgment of Dissolution of Marriage. It constitutes a fair and equal division.of the property
and debts.
b. [n
(Continued)
Form,Approved by Rule 1286.5
Judicial Council of California
Effective January 1, 1982
DECLARATION FOR DEFAULT
OR UNCONTESTED DISSOLUTION
(FAMILY LAW)
Civil Code section 4511
CRC Rule 1241
Post Record Catalog # 1288.5Page 32 MARRIAGE 0-7 (last name—first name of parties):
Lopez,
CASE NUMBER:
Fermina, Edward
526847
DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTIO (FAMILY LAW)
9.
Page two
SUPPORT If a support order or attorney fees are requested, submit a completed Judtial Council form 1285.50,
Income ano Expense Declaration, unless a current form is on file. Include your best estimate of the other party's
incorne and expenses.
a. Spousal Support (check one)
(1)
I knowingly give up forever any right to receive 3pousal support.
(2") IX—I I ask the court to reserve jurisdiction to award spousal support in the future.
(E) = Spousal support should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution.
b.471 Child Support should be ordered as set forth in the proposed Interlocutory „udgment of Dissolution of
Marriage.
c. =I Attorney Fees should be orderEd as set forth in the proposed Interlocutory Judgment of Dissolution of
Marriage.
4
CHILD CUSTODY should be ordered as set forth in the proposed Interlocutory ..udgment of Dissolution of
Marriage.
11. 4
CHILD VISITATION should be ordered as set forth n the proposed Interlocutor/ Judgment of Dissolution
of Marriage.
12. n
Petitioner r---1 Respondent is presently receiving public assistance and all support should be made payable
to (specify name and address):
13. [In
Wife requests restoration of her former name as set forth in the proposed Interlocutcry Judgment of Dissolution
cf Marriage.
Fermina Perez
10. [
14.
(X2) Other:
(See attachment)
15. I ask that the court grant the request for an Interlocutory Judgrnert of Dissolution of Marriage based upon the
foregoing grounds and that the court grant the orders set forth in the proposed interlocutory judgment.
I declare under penalty of perjury under the laws of the S:ate of California that the forEgoing is true and correct
and that his declaration is executed on
San Jose
(date): .
312218 4.......
‘.1
.Fermina Lopez
(Type or print name)
(Signatt. re)
Page twoPage 33 *: ATTSAEY 9R PARTY WITHOUT ATTORNEY (NAM0 AND ADDRESS):
TELEPHONE NO
OR COURT
.
'117ESSIE.-SERNA,. ESQ.
• (408). 294-9002
• 1845: *The: Alameda .
• San Josef'. CA 9.5126
ATTORNEY FOR (NAME): '
Petitioner
SUPERIOR COURTOFCALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS:
191 N. First St.
MAILING ADDRESS:
San Jose, CA 55113
•
CITY AND ZIP CODE;
APR 2/1 1984
BRANCH NAME:
MARRIAGE OF
PETITIONER:
elcrk
FERMINA LOPEZ
RESPONDENT:
r(va Coun Y
EDWARD V. LOPEZ
t
NOTICE OF ENTRY OF JUDGMENT
CASE NUMBER:
.
4.--
You are notified that the following Judgment was entered on (da(e):
526847
Afi 1 .6 1984
yfr:i Interlocutory Judgment of Dissolution of Marriage
THE INTERLOCUTORY JUDGMENT TO WHICH THIS NOTICE REFERS DOES NOT CONSTITUTE A
FINAL DISSOLUTION OF MARRIAGE AND THE PARTIES ARE STILL MARRIED. ONE OF THE PARTIES
MUST SUBMIT A 'REQUEST FOR A FINAL JUDGMENT ON THE FORM PRESCRIBED BY RULE 1288.
NEITHER PARTY MAY REMARRY UNTIL A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
2. fJ Final Judgment of Dissolution of Marriage
3. E] Final Judgment of Legal Separation
4. ri Final Judgment of Nullity
Dated: .APR
2 4 .19ŠA .
L EO
• Ac t
r i4 /V,Tl.::: Clerk, By
n
Ce
'i•-ch-Ns-c>---- \11•
)
, Deputy
CLERK'S .CERTIFICATE OF MAILING
I certify that I am not a party to this cause and that a copy of the foregoing was mailed first class, postage prepaid,
in a sealed envelope addressed as shown below, and that the mailing of the foregoing and execution of this certificate
occurred at (place).
California,
San 'Jose,
"" (date) APR 2 4 1884
LEUDE G. FRANKag
Acting County Clerk
-1
Jessie Serna
C/O Fermina Lopez
1845 The Alameda
San Jose, CA 95126-1778
Clerk, By
G7
Jessie Serna
C/O By Publication..
1845 The Alameda
San Jose, CA 95126-1778
1Page 34 Lr th:_
L oLc
-
Q..
;
1:4.AND FOarzi.E CO.U.\-71:"
•
LED'.
•
-
4 39 FA IC.
FRANKLIN
LEODE
Acting
AfitY
Clerk
Pursuant to the agreement of the parties litigant contained in
the Stipulation and Proof by Affidavit, filed herein, and good cause
appearincj therefor, the Court now makes its Order that
_bacm-te3
be and he is hereby appointed Judge Pro Tempore of the Superior Court
to review the above-entitled Cayse Iprsuant to Civil Code Section 4511.
DATED:_
_APR
3 1984
Judge of the Superior Court
STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA
1,
JVUZU
Les 4d464-v--
, do solemnly swear (or a
support and defend the Constitution of the United States and the
California against all enemies, foreign and domestic; that I
to the Constitution of the United States and the Constitut
I take this obligation freely, without any mental resery
I will well and faithfully discharge the duties u
Su.b.z.gried and sworn to before me. this
I
!..3. FRANK!!f';
'•'. PAI-Oz.ER
/
TSO, Deputy Clerk
day of
nstitut
-
rm) that I will
cf the State of
faith and allegiance
e of California: that
that
•
•Page 35 a
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
(408) 294-9002
JESSIE SERNA
1845 The Alameda
San Jose, CA 95126
ATI-ORNEY FOR (NAME): petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
TELEPHONE NO.:
191 N. First St.
San Jose, CA 95113
SANTA CLARA
FOR COURM/
Jo 31
t:LED
3 3S Plf.
'811
LEODE G.
Acting
FRANicL/N
County
CleriOy
BRANCH NAME:
MARRIAGE OF
PETITIONER:
FERMINA LOPEZ.
RESPONDENT:
EDWARD V. LOPEZ
CASE NUMBER:
SUMMONS (FAMILY LAW)
526847
NOTICE!
You have been sued. The court may decide against ydu without
your being heard unless you respond within 30 days.-.Read the
Information below.
jAVISO!
Usted ha sido demandado. El tribunal puede decidir contra
Ud. sin audiencia a menos que Ud. responda dentro de 30 dfas.
Lea la información que sigue.
If you wish to seek the advice of an attorney in this matter,
you should do so promptly so that your response or pleading,
if any, may be filed on time.
Si Usted desea solicitor el cons* de un abogado en este
asunto, deberfa hacerlo inmediatamente, de esta manera, su
respuesta o alegación, si hay aiguna, puide ser registrada a
tiempo.
1. TO THE RESPONDENT EdWard V. Lope z
The petitioner has filed a petition concerning youor marriage. If you fail to file a response within 30 days Of the
date that this summons is served on you, your default may be entered and the court may enter a judgment containing
injunctive or other orders concerning division of property, spousal support, child custody, child support, attorney
fees, costs, and such other relief as may be granted by the court. The garnishment of wages, taking of money
or property, or other court authorized proceedings may also result.
Dated:
JUN. i 7 MB.
.30vis KAZOB944444
Clerk, By
, Deputy
2.° NOTICE TO THE PERSON SERVED. You are served
As an individual
a. El
b. ED On behalf of Respondent
Under:
= CCP 416.60 (Minor)
• = CCP 416.70 (Ward or Conservatee)
I= CCP 416.90 (Individual)
• = Other (specify):
c. LJ By personal delivery on (Date):
(See reverse for Proof of Service)
The response (printed form rule 1282) and other permitted papers must be in the form prescribed by the California Rules of Court. They must be
filed in this court with the proper filing fee and proof of service of a. copy of each on petitioner. The time when the 30 days to respond begins may
vary depending on the method of service. For example, see CCP 413.10-415.50.
Form Adopted by Rule 1283
Judicial Council of California
Revised Effective January 1, 1980
SUMMONS
(FAMILY LAW)
CC 4503
CCP 412.20
CRC 1216Page 36 PROOF OF SERVICE
r
(Use
separate
proof
of service for each person served)
.
1. I served the Summons (Family Law) and Petition (Family Law) on respondent (name):
a. with (1) [TA-blank Confidertial Counseling Statement
(5)
completed and blank Property Declarations
Order to Show Cause and Application
(6) = Other (specify):
(3) [7 -blank Responsive'Declaration
(4)1--i Icornpleted and blank Income and
Expense, Declarations
b. ry-By leaving copies with (name and title or relationship to person served):
Respondent
c.1(X Bideli;./ery a. t .1- 1titbrrie Fipusiness
Edward v. Lopez
r •
(1) pate:of:
(3) Address:
•
'
Service,
by Publication
.•
(2)Time:of
•-t• .• t.
• .•
d.
• B y mailihg
(1) Date of:
•
(2) Place of:
•
ðr'
.
•
2. Manner of seivice (Ch'eck p
▪ roper boX)
a. EJ Personal service. By personally delivering copies to the person served. (COP 415.10)
b. O
Substituted service on natural person, minor, incompetent. By leaving copies at the dwelling house, usual
place of abode, or usual place of business of the person served in the presence of a competent member
of_the household or acper.son, apparently in charge of the office or place of business, at least 18 years of
age; who-was'informed of the general natqrp,qf the papers, and thereafter mailing (by first-class mail, postage
prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b)) (Attach separate
declaration or affidavit stating acts relied on to.establish reasonable diligence in first attempting personal
service.)
c.
Mall and acknowledgment service. By mailing (by first-class mail or airmail) copies to the person served,
together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid,
addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.)
d. EJ Certified or registered mall service. By mailing to address outside California (by registered or certified airmail
with return receipt requested) copies to the person servec. (CCP 415.40) (Attach signed return receipt or
'
other evidence ce actual delivery to the person served.)
e. till • Other (Specify ccde section):
I tby PuMic'ationS
FY( Additional page is attached. _ "Sqrvice
_
-
(2)
n
ni
3. The notice to the person served (Item 2 on the copy of the summons served) was completed as follows (CCP
412.30, 415.10, and 474):
a. 71 As an individual
'
b. El• On behalf of Respondent
Under: ri CCP 416.60 (Minor) O Other (specify):
416.70 (Ward or Conservatee)
O CCP 416.90 (Individual)
c. CD By personal delivery on (Date)4. At the time of service I was at least 1Syears of age and not a party to this action.
5. Fee for service: $
6. Person serving
a. MI Not a registered California process server.
e. El California sheriff, marshal, or constable.
f. Name, address and telephone number and
b. O Registered California proess server.
if applicable, county of registration and number:
c. O Employee or independent contractor of a
registered California process server.
Sk.11y Rodriguez (408) '294-9002
d. O Exempt frorn registration under Bus. & Prof.
1815 ,The Alarlieda
Code 22350(b)
San'Jose, CA 95126
I declare under penalty of perjury that the foregoing (For California sheriff, marshal or constable use only)
I certify that the foregoing is true and correct and that
is true and correct and that this declaration is executed
this certificate is executed on (date):
on (date): . . Se.p:temb'er..31;., .1983
, California.
, California. "at (place)*
at (place): . . San. Joše
11,,‘
• .1
EJ ccp
'ft
dd
(Signature)
MmM
Sally RodriI
II/
..,Page 37 Proof of Publication
Space Below for Use of County Clerk Only
(2015.5 C.C.P.)
(ENDORSED)
SAN JOSE POST-RECORD
76 West St. John Street
San Jose, California
Phone: 287-4866
[L,
SEP 2 3 1983
JOKI EGZIJEOWSKis
SUPERIOR COURT OF THE STATE OF CALIFORNIA
•
• SUMMONS
(FAMILY LAW)
FOR THE COUNTY OF SANTA CLARA
No.
No. 526847
:Superior Court of California.
County of Santa Clara, 191 N. First
St., San Jose, CA 95113.
MARRIAGE OF
Petitioner: FERMINA LOPEZ
Respondent: EDWARD V.
LOPEZ
NoncE! You have'been sued.-The
ccurt may decide against you
without your being heard unless
you respond within 30 dors. Read
the information.below.
;AVISO! Usted ha side; demandado.
El tribunal puede decidir contra Ud.
526847
FERMINA LOPEZ
•
AND
EDWARD V. LOPEZ
- sin audiencia a menos que Ud.
ponda dentro de 30 dias. Lea la —
State of California
County of Santa Clara, ss
I, the undersigned, state that I am, and at all times
herein mentioned, was a citizen of the United States of
America, over the age of eighteen years and not a
party to or interested in the above entitled matter;
that I am the principal clerk of the printer and publisher ol the SAN JOSE POST-RECORD, a newspaper
• of general circulation, printed and published daily except Saturdays, Sundays and legal holidays, in the
City of San Jose, County of Santa Clara, which newspaper has been adjudged a newspaper of general
drculation by Superior Court of the County of Santa
Clara, State of California, •under date of February 3,
1922, Case Number 27844; and that the notice of
which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper end not in any supplement thereof, on the following dates to-wit:
September 1, 8, 15 & 22
I declare under penalty of perjury that the foregoing is true and correct.
Executed on
S.ep-tember
at San Jose, California.
22, 1983
información que sigue..
If you wish to seek the advice' of an• attorney •in this matter; you should do so amomptly so that your
response or pleading, if any, may
be filed on time. .
Si Usted desei solicitarel consejo .
de un abogado en este asunto,
hacerlo inmediatarnente,.de- •
• 'esta manera, su respuesta o alega•
Won, • si hay - aiguna, , puede. s.er
registrada .ft tienipo.
• ''
1. TO THE RESPONDENT ED ,
.
--WARDV. LOPEZ .
'
The petitioner has filed a petition
-conceming your,marriage. .If you
• a`,-resporise :Within 30- -of:the date iat this summOns
,.-,;4s served'on you; your,default may
.be 7,-entered and.,-the_court- may
• - enter.; a - judgment:containing injunctive ,or other ',orders Concerning
. division 5.;,' of 4woperty,-:-, spousal
child
custody,
child
support,
support, 'attorney' fees,- costs, and
such other relief as may • be
granted by the• court: The garnishment of -.wages; taking of
mcney or property, or other 6urt
authorized ;proceed:ants may also
• _,
•
result.
-•
Dated: June 17, '1983.
JOHN KAZUBOWSKI,
Clerk
(Seal)
By H. LARA,
• Deputy
JESSIE SERN.A
1845 The Alameda
San Jose, CA 95126: Attorney for Petitioner
(Sept. 1 - 8 - 15 - 22)
•
-r
S. Bray
Clerk
DYPage 38 ,
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): '
TELEPHONE NO.:
(408) 294 ,-9002,
JESSIE SERNA, ESQ.
1845 The Alameda
San Jose, CA 95126-1778
ATTORNEY F014 (NAME):
Petiti oner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS:
.
191 N. First.' St.
MAILING ADDRESS:
San Jose, CA 951261778
[F
1N D
County Clerk
Santa Clara County
BRANCH NAME:
13Y
MARRIAGE OF
RESPONDENT:
0
MAR 15 1984
CITY AND ZIP CODE:
PETITIONER:
FOR COURT USE ONLY
FERMINA
—
upuTY
LOPE Z
EDWARD V. LOPEZ
,
REQUEST TO ENTER DEFAULT
CASE NUMBER:
526847
1. TO THE CLERK: Please enter the default of the respondent who has failed to respond to the petition.
2. A completed PKI Income and Expense Declaration (Xi Property Declaration is attached.
3. A completed n Income and Expense Declaration nProperty Declaration is not attached because (check at
least one of the following)
There have been no changes since the previous filing.
(1)n
(2)= The issues subject to disposition by the court in this proceeding are the subject of a written agreement.
(3)
El There are no issues of child custody, child or spousal support, division of community property or attorney
fees and costs subject to determination by this court... '
•.
(4)E1 The petition does not request money, property, costs or attorriey fees:
Dated:
2/23/84
Jessie Serna
Signature of (Attorney for) Petitioner
(Type or print name)
3. DECLARATION
a. r3n No mailing is required because.service was by publication and the address of respondent remains unknown.'
b. r7 A copy of this Request to Enter Default including any attachments was mailed to the respondent's attorney
of record or, if none, to respondent's last known address as follows
(2) Addressed as follows:
(1) Date of mailing:
•
c. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and
San Jose
(place):
that this declaration is executed on (date): ... 2 . .
.
. . . . Lopez
...... Fermina
(Signa ure of declara
(Type or print name)
LEODE G, FRANKLIN
Acting County-Clerk
FOR COURT USE ONLY
Default entered as reques d on (date
Default NOT entered. Reason:
9t
4(
UONARD P. Er WA RDSClerk. by:
JUDGE
(See reverse for Memorandum of Costs and Declaration
Form Adopted by Rule 1286
Judicial Council of California
Revised Effective January 1, 1980
of Nonmilitary Status)
REQUEST TO ENTER DEFAULT
(FAMILY LAW)
CCP 585.587
Post Record Catalog #1286Page 39 4. MEMORANDUM OF COSTS
a. ED Costs and disbursements are waived.
b. Costs and disbursements are listed as follows
(1)n
Clerk's fees
(2)
Process server's fees
(3)
71 Other (specify). Court .cost
Publication of • Divorce
65.00
Attorney's Fees
400.00
$
TOTAL
577.00
I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief the foregoing
items of cost are correct and have been necessarily incurred in this cause or proceeding.
I declare under penalty of perjury under the laws of the State of California lhat the foregoing is true and correct
2.3/E14.
. .
at (place): . a.fl. Jo.sP .......
and that this declaration is executed on (date):.
Fermina Lopez
(Type or print name)
(Sgnature of declarant)
5. DECLARATION OF NONMILITARY STATUS
Respondent is not in the military service or in the military service of the Uni'.ec States as defined in Section 101
of the Soldiers' and Sailors' Relief Act of 1940, as amended, and not entitled to the Denefits of such act.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
San Jose
. 23
. ./84
and that this declaration is executed on (date):. .2/
. . . . .at (place):
Fermina Lopez
(Type or print name)
(Signature of declarant)Page 40 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
'
(408) 294-9002
JESSIE SERNA, ESQ.
. 1845 The Alameda
San Jose, CA 95126
ATTORNEY FOR. (NAME):
P et it ione r
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
191 N. First St.
Sah Jose, CA 95113
SANTA
TELEPHONE NO.:
.!-• • ' 1r 11 ..
3:1
aLARA
LEODE G. FRANKLIN .
Acting County Cler1
(5
BRANCH NAME:
PERMINA LOPEZ
RESPONDENT:
EDWARD
n
Li
FEB 23 3 10 ili '81
'
11/41RMAGEOF
PETITIONER:
FOR COURT USE ONLY
I
V. LOPEZ
-
REQUEST TO ENTER DEFAULT
CASE NUMBEF:
-526847
1. TO THE CLERK: Please enter the default of the respondent who has failed to respond to the petition.
2. A completed itincome and Expense Declaration PC1Property Declaration is attached.
3. A completed ri Income and Expense Declaration FlProperty Declaration is not attached because (check at
least one of the following)
(1)
F-1 There have been no changes since the previous filing.
(2)
1-7 The issues subject to disposition by the court in this proceeding are the subject of a written agreement.
(3)
(-1 There are no issues of child custody, child or spousal support, division of community property or attorney
fees and costs subject to determination by this court.
ni The petition does not request money, property, costs or attorney fees.
(4)
Dated:
Jessie Serna
(Type or print name)
ature of (Attornibl; for) P-eyi.on-er
3. DECLARATION
a. FT. No mailing is required because service was by publication and the address of respondent remains unknown.
b. El A copy of this Request to Enter Default including any attachments was mailed to the respondent's attorney
of record or, if none, to respondent's last known address as follows
(2) Addressed as follows:
(1) Date of mailing:
c. I declare under penalty of perjury that the foregoin o is true and correct and that this declaration is executed
San J ose
, California.
on (date)•
at (place):
Fermina Lopez
(Signature of declarant)
(Type or print name)
FOR COURT USE ONLY
Default entered as requested on (date):
Clerk, by:
OT ntered. Reason: /:(
(See reverse for Memorandum of Costs and Declaration of Nonmilitary Status)
Form Adopted by Rule 1286
Judicial Council of California
Revised Effective January 1, 1980
REQUEST TO ENTER DEFAULT
(FAMILY LAW)
CCP 585,587Page 41 4. MEMORANDUM OF COSTS
a. n Costs and cis bursements are waived.
b. Costs and dist Lrserner ts are listed as follows
(1) 71 Clerk's fees
(2)n
$
Process se-ver's •'ees
(3)f—R Other (specify) . • Court cost
Publication of Divorce
$
112-00.
65.00
Attorney's Fees
400.00
$
TOTAL
577.00
I am the attorney, agent, or part,- who claims these costs. To tie Dest of rr kncwlecge and belief the foregoing
items of cost are correct ard nave been necessarily incurred in this cause o- proceedi-g.
I declare under penalty of per, L -y that the foregoing is true and correct and thal this declaration is executed
an Jose
on (date): . . . . .
. . at (place):
, California.
Fermina LoPez
Cryr e or r rni name)
(Stgnature cf ckc rant)
5. DECLARATION OF NONMILITARY STATUS
Respondent is not in the military service or in the military service of the Untted States as defined in Section 101
of the Soldiers' anc Sailors' Relief Act of 1940, as amended, anc no: entitled to the benel ts of such act.
I declare under penalty ,of perjUry that the foregoing is true arid correct and that Ihis declaration is executed
on (date): . . .
.
(place): . 54n. aose
, California.
;t
. Ferrnina
. . . . . . 14opez '
(Toe or priit lame)
•Page 42 cAlit
ti41,
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
JESSIE SERNA, ESQ.
1845 The Alameda
San Jose, CA 95126
TELEPHONE NO.:
FOR COURT USE ONLY
(408) 294-9002
t
ATTORNEY FOR (NAME):
SUPERIOR COURTOFCALIFORNIA,COUNTY OF
191 N. First St,
San Jose, •CA •95113
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
FEB 23
SANTA CLARA
.
I
3.10
"814
LiOÐE. G. FRANKLIN
Acting County Cler
BRANCH NAME:
MARRIAGE OF
PETITIONER:
FERMINA LOPEZ.
RESPONDENT:
EDWARD V. LOPEZ
CQME AND EXPENSE DECLARATION
RESPONDENT
1-29 PETITIONER
CASE NUMBER:
CI
GROSS MONTHLY INCOME
Petitioner
Respondent
526847
Petitioner
DEDUCTIONS FROM GROSS INCOME
Respondent
1. Salary & wages (Include
commissions, bonuses and
overtime)
$
$
2. Pensions & retirement . . . . $
$
3. Social Security
$
$
$ 500.00
$
; 4. Disability and unemployment
benefits
5. Public assistance (Welfare',
$
AFDC payments, etc.) • . . . .
6. Child/spousal support . .
• 7.
12. State income taxes
$
$
13. Federal income taxes
$
$
14. Social Security
$
$
15. State disability insurance . .
$
$
16. Medical and other insurance .
$
$
17. Union and other dues
$
18. Retirement and pension fund.
$
$
19. Savings plan
$
$
•
$
•$
$
$ •
$
$
$
20. Other deductions (Specify) . .
$
$
$
$'
21. TOTAL DEDUCTIONS
$
$
Dividends and interest . . . .
8. Rents (gr,oss receipts,,less
cash expen.ses; atfach
schedule)
9. Contributions to household
expenses from other sources.
.10. Income from all other
11.
sources (gross receipts, less
. cash expensos; .attach
schedule)
11.
. .
TOTAL GROSS
MONTHLY INCOME
TOTAL GROSS MONTHLY
INCOME (from line 11):
$............
$
21. TOTAL DEDUCTIONS .
(From line 21):
22. NET MONTHLY INCOME
$ 500.00
$
(line 11 minus line 21)
a. Number of exemptions claimed:
23. Withholding information
b. Marital status:
24. Certain property under the control of the parties
Petitioner
' a: Cash & checking accounts
$
•
$
accounts
•
c. Stocks, bonds, life insurance,
other liquid assets
b. Savings & credit union
$ ....
Form Adopted by Rule 1285.50
Judicial Council of California
Revised Effective January 1, 1980
.
$.
Respondent
Petiboner
Respondent
d. TOTAL (24a,b,c) .
INCOME & EXPENSE DECLARATION
(FAMILY LAW)
$
$
$
$
Post Record Catalog 81285.50Page 43 25. List the name, age, and relaio-iship of all members of the household whose expenses are included below
Joey Lopez, age 9
Son:
MONTHLY EXPENSES
26.
27.
Petitioner
Residence payments
a. Rent or mortgage
$..
30000
b. Taxes & insurance . . . .
$. .. .. 0... $
c. Maintenance
$. .
Food & household supplies.
$
.50.00
30.00
0
.
$
Utilities & telephone
$
29.
Laundry & cleaning
$..
0
$
30.
Clothing
$
0
$
31.
Medical & dental
$
0
$
25. .00
*
$
28.
32. Insurance (life, health
34.
$
$
Child/spmal support (prior
0
$
marriage)
$
35.
School
$
36.
Entertainment
$
0
$
37.
Incidentals
$
0
$
38.
Transportation & auto
20.00
$
expenses (insurance, gas,
oil, repair)
39.
Installment payments (Insert
total and itemize below at 42)
$
80'00 $
$
$
$
$
40.
Other: (specify)
$
$
41.
TOTAL MONTHLY EXPENSES.
$ '505.00 $
accident, etc.)
$
33.
Child care
$
42.
ITEMIZATION OF INSTALL1.1E'VT PAYMENTS OR OTHER DEBTS
0
Respondent
Petitioner
Respondent
CREDITOR'S NAME
nl Continued on attachment 42.
MONTHLY
PAYMENT
FOR
„
BALANCE
$
,
•
•
43.
2
ATTORNEY FEES HAVE BEEN REQUESTED.
a.
I have paid my atlorne
costs is:
for fees and costs the sum of $
b. My arrangement for attorney fees and
That my husband pay half of the attorney fees
Jessie Serna
(Print or type name of Attorney)
(Signature of Attorney)
I declare under penalty of perjury under the laws of the Slate of California that the foregoing, including any attachment,
is true and correct ald that this declaration is executed on (date):
11/21/83
at (place): . $an. JoSe
Fermina Lopez
(Print or ty; a name 01 Declarant)
CL e t / h1-44/14_,
(Signatui 3 of Declarant)Page 44 TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
2JESSIE SERNA, ESQ.
1845 The Alameda
San Jose, CA 95126
ATTORNEY FOR (NAME) Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
FOR COURT USE ONLY
(408) 294-9002
SANTA
191 N. First St.
San Jose, CA 95113
00— *
rL.
FEB 23
CLARA
3 10 I'M '11'1
LECOE, a FRANKLIN
Acting County Clerk
BRANCH NAME:
MARRIAGE OF
PETITIONER:
PERMINA LOPEZ
RESPONDENT:
EDWARD V. LOPEZ
X PETITIONER'S = RESPONDENT'S
= COMMUNITY & QUASI-COMMUNITY PROPERTY DECLARATION
= SEPARATE PROPERTY DECLARATION
CASE NUMBER:
-526847
INSTRUCTIONS
When this form is attached tb Petition or Response, values and your proposal regarding division need not be completed.
Do not list community, including quasi-community, property with separate property on the same form. Quasi-community
property must be so identified. For additional space, use the form "Continuation of Property Declaration."
ITEM
NO.
$
$
NET FAIR
MARKET
VALUE
AMOUNT OF
DEBT
GROSS FAIR
MARKET
VALUE
BRIEF DESCRIPTION
$
PROPOSAL FOR DIVISION
AWARD TO
PETITIONER
RESPONDENT
— $
$
1. REAL ESTATE
•
2. HOUSEHOLD FURNITURE,
FURNISHINGS, APPLIANCES
0
3. JEWELRY, ANTIQUES, ART,
COIN COLLECTIONS, etc.
0
4. VEHICLES, BOATS,
TRAILERS
0
6.
SAVINGS, CHECKING,
CREDIT UNION,
CASH
•
._
-
Unknown
'(pontinued on reverse)
Form Adopted by Rule 1285.55
Judicial Council of California
Effective January 1, 1980
\
PROPERTY DECLARATION
(FAMILY LAW)Page 45 ITEM
NO.
GROSS FAIR
MARKET
VALUE
BRIEF DESCRiPTION
P
1
$
..
6. LIFE INSURANCE
(CASH VALUE)
AMOUNT OF
DEBT
NET FAIR
• MARKET
VALUE
,
PROPOSAL FOR DIVISION
AWARD TO
RESPONDENT
PETITIONER
$
$
$
None
1
7. EQUIPMENT, MACHINERY,
LIVESTOCK 1
None
8. STOCKS, BONDS, SECURED
NOTES
,.Noner..
.
.
.
,
9. RETIREMENT, PENSION,
PROFIT-SHAING.
ANNUITIES i
.
•.
10. ACCCUNTS RECEIVABLE,
UNSECURED NOTES,
TAX PEFUND
11. PARTNERSHTS, OTHER
BUSINESS IN- ERESTS
Unknown
,
Unknown
,
.
None
'
'
12. OTHER ASSETS AND DEBTS
'
0
•
•
,
•
•
-
'
13. TOTAL FROM'
CONTNUATICN SHEET,
14. TOTALS
15.n
0
I
A Contiluation of Property Declaration is attached and incorporated by reference.
Jessie Serna
. . ...............
• • •
(Type or print name if attorney)
(Signature of attorney)
l declare under penalty of perjury that, to the best of my knowledge, the foregoing is a true and correct listing
of assets and obligations ard that the amounts shown are correct; and that this declaration was executed on
(date):. :11/ 2 ,1/83. . . .at :place): . . San. Jose
, California.
.F.eXTAn.a. TiQP.elZ .............
(Typa or print name)
j..1141
• 1 47/4
(Signature)
•Page 46 •
1
2
3
4
5
r
JESSIE SERNA
ATTORNEY AT LAW
ABOGADA
1845 THE ALAMEDA
SAN JOSE, CALIFORNIA 95126
r
ti
F ri
LS'
Li
FEB 9-1984
TELEPHONE (408) 294-9002
barna
r
BY
DE.PUTY
Attorney for Petitioner
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF SANTA CLARA
9
c9#9
10
In re the Marriage of:
11
Petitioner:
12
and
13
RESPONDENT:
Case No.-54-9
ORDER FOR ENTERY OF
DEFAULT OF RESPONDENT
FERMINA LOPEZ
EDWARD V. LOPEZ
14
15
16
Based on the declaration of JESSIE SERNA, attorney for
17
Petitioner, the pleadings and papers on file herein, the Court
18
finds that Respondent was properly served by Publication and
19
mailing of a copy of the Summons to his last known address,
20
and that more than thirty (30) days have elapsed since the last
21
date of publication, that no response has been filed by Respon-
22
dent and the Court finds that Respondent is in default and for
23
Good Cause Orders that his default be, and it is hereby entered
24
DATED:
25
FEB
- 164
'ts.7
26
JUDGE OF THE SUPERIOR COURT
27
28
LEONARD P. EDWARDS
-1-
-
JUDGEPage 47 1
2
3
4
5
JESSIE SERNA
ATTORNEY AT LAW
ABOGADA
1845 THE ALAMEDA
SAN JOSE, CALIFORNIA
FEB 9 - 1984
95126
County C1:, r1c
TELEPHONE (408) 294-9002
Santa CI
Hy
Attorney for Petitioner
C
DEPU I"(
6
7
SUPERIOR COURT OF CALIFORNIA
8
COUNTY OF SANTA CLARA
9
CITY OF SAN JOSE
10
11
In regards to the Marriage of:
12
Petitioner:
13
and
14
Respondent:
Case No. 526847
DECLARATION OF ATTORNEY
IN SUPPORT OF PETI-TIONER AND REQUEST TOENTER DEFAULT
FERMINA LOPEZ
EDWARD V. LOPEZ
15
16
17
I, JESSIE SERNA, declare:
18
I am duly licensed to practice law in the State of
19
California and I am the attorney of records for the Petitioner
20
in the action herein.
21
Petitioner was unable to serve Respondent personally or
22
by mail and service was accomplished in the San Jose Post
23
Record a newspaper of general circulation most likely to have
24
given Respondent actual notice of the pending of this action.
25
An order granting service by publication was granted on
26
August 15, 1983.
27
a default be entered in this matter, Petitioner's request to
28
enter default is attached.
At this time Petitioner is requesting that
-1-Page 48 1
I am informed and believe that the original declaration
2
by Y. Claybon of the aforementioned newspaper certifying that
3
publication of the Summons on September 1, 8, 15 and 22, 1983,
4
was completed and filed with this Court.
5
Since no contact has been made by Respondent or anyone
6
else on his behalf, and Respondent's whereabouts remains
7
unknown, request is made on behalf of Petitioner that default
8
be entered in this matter.
9
I declare under penalty of perjury that the foregoing is
10
true and correct to the best of my knowledge and that this
11
instrument
12
Jose, California.
was executed on the 24th of January, 1983, of San
13
Cl
SAN J OSE, CALIFORNIA95126
14
I SERNA
JESS)()1
Atto :y
e for Petitioner
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-Page 49 Space Below for Use Of Cout Clerk Only
Name, Address and Telephone Number ofAttorney(s)
JESSIE SERNA
(408) 294-9002
1845 The Alameda
San Jose, CA 95126
Attorney(s) for
n
S'ot
Patitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
CASE. NUMBER
/Title of Action)
526847
FERMINA LOPEZ
vs.
EDWARD V. LOPEZ
APPLICATION FOR ORDER FOR PUBLICATION
OF
(Insert word Summons or CitattOn Or nameol the summons
outstanding—i.e., on Amended Complaint, on C,omotaint
and amendment thereto, etc.I
Application is hereby made for an order directing service of the above-captioned summons or citation .on defendant,
EdWard
by publication of said summons or citation in the
respondent, or citee
which
newspaper is adjudicated a mewspaper of general circulation in California and most likely to give notice. to defendant,
V. Lopez
San Jose Post Record
respondent,-or citee because
The
Petition.
complaint or petition which is for
Divorce
, was filed herein on
A copy of the summons or citation and the complaint or petition could not be served by any of zhe follciwing methods
for the reasons shown:
1.
Handing copies to the person to be served. (Personal service-4 415.10 CCP)
2.
Leaving during usual office hours copies in the office of the person to be served with the person who apparently was in
charge and by thereafter mailing copies (by first class mail, postage prepaid) to the person to be served at the place
where the copies were left. (Service on a Corporation, partnership, association, or public entity-§415.20(a) CCP)-
3.
Leaving copies at the dwelling house, usual place of abode, or usual place of business of the person to be served in the
presence of a competent member bf the household or a person apparently in charge of his office or place sof business, at
least 18 years of age, who shalt be informed of the general nature of the papers and by thereafter mailing copies (by
first class mail, postage prepaid) to the perSon to be served at the place where the copies were left. (Service on natural
oerson, minor, incompetent, or candidate-§415.20(b) CCP)
4.
Sending (by first class mail or airmai() copies to the persOn to be served, together with two copies of required form of
notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (Service by mail-§415.30
CCP)-
5.
Sending (by registered Or certified airmail with return receipt requested) copies to the person to, be served. (Service by
mail outside the State of California-§ 415.40 CCP)
6.
Any other method (Other-4 413.10, 413.30)
(Continued on Reverse)
APPLICATION FOR PUBLICATION OF SUMMONS OR•CITATION
CCP §415.50(a)Page 50 If the service could not be made because the dwelling house, normal place of abode, or the usual place of business of the
dotendant ist.inknown, state below the efforts made to deterrnine these locations. If necessary, attach declarations of search,
declarations by investigators etc., to this deelaration:
I have not seen my husband since cpecember7Df 1982.
Presently I do not knoW if he is,even fri—the St-ate of California.
Additional Facts:
1.
My investigatOrnhas.checked the D.M.V. office for his
address but has had no success in locating his whereabouts.
2.
My investigator has also checked the• voter of registration
office with no success.
3.
I- thereforerequest that the court grant me the order
publication of summons.
June 24, 1983
Executed
San Jose
; a:
California.
I declare under penalty of perjury that the foregoing is true and correct.
(Signature.of Declarant)
:
IF COMPLAINT OF PETITION IS NOT VERIFIED, THE DECLARATION OF MERITS BELOW MUST ALSO BE
COMPLETED:
•
Fermina Lopez
sthe
states: I arn ths plaintiff or petitioner in
Jessie Serna
•
above-mentioned action. I
who is my
have fully and fairly stated the facts of said case to
is a necessary
tounsel and I am by him inforrned and I verily believe th3t ... Edw.ard.Lopez
and proper party, defendant, respondent, or citee theretc. and that. I have a good cause of action against him as will
complaint or
•
complaint or petition on file herein, which
appear by my
petition correctly states the cause of action and is incorporated.herein by .reference as though fully set out.
Executed
June 24, 1983
,at
San Jose
California.
.1 declare under penalty of perjury that the foregoing is true and correct.
1,141/7441
(Signature of Declarant)Page 51 0
Name„ Address and Telepho
. •
umber of Attorne0s)
JESSIE SE.RNA
(408)
1845 The Alameda
San Jose, CA 95126
'
%*••••
elow for Use of Court Clerk Only
.t
294-9902
F 1 1 .. D
OCT 21
Attorney(s) for
l 18
All '83
JOHN KAZUcIOWSKI
CLERK
91
nEPUTY
Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLA,RA
iTitle of Action)
CASE NUMBER
FERMINA LOPEZ
526847
VS .
EDWARD V. LOPEZ
ORDER FOR PUBLICATION OF
SUMMONS OIR CIT ATION
I
Upon reading and filing- evidence consisting of a declaration as provided in Section 415-.50 CCP by
Lopzancl it satisfactorily appearing therefrom that the defendant, respondent, or
cannot be served with reasonable diligencel in any other manner
specified in article 3, Chapter 4, Title 5 of the Code of Civil Procedure, and it also appearing from the verified complaint or
Petitioner, Fermina
citee Edward V. Lopez
petition that a good cause of action exists in this action in favor of the-plaintiff, petitioner, or citee t' herein and against the
defendant, respondent, or citee and that the said defendant, respondent, or citee is a necessary and proper party to the
action or that the party to be served has or claims an interest in, real or personal property in this state that is subject to the
jurisdiction of the Court or the. relief demanded in the action consists wholly or in part in excluding such party from any
Jessie Serna
interest in such property; NOW, on motion of
Attorney(s) for the Plaintiff(s), Petitioner(s), or contestant(s), IT IS ORDERED that the service of said summons or
citation in this action be made upon. said, defendant respondent, or citee by publication thereof in
'San JosePost Recod
r
a newspaper of
.............................•.......... . . ...........................................
•
San Jose
, California, hereby designated as the newspaper most likely to
general circulation published at
live notice to said defendant; that said publication be made at least once a week for four successive weeks. '
IT IS FURTHER ORDERED that a copy of said summons or citation and of said complaint or pe'tition in this action be
forthwith deposited in the United States Post Office, post-paid, directed to said defendant, respondent! or citee if his-address
is ascertained before expiration of the time prescribed for the publication of this summons or citation and.a declaration of
this mailing or of the fact that the address was not ascertained be filed at the expiration of the time prescribed for the
publication.
AUG_1 5 1981
Dated.
Judg
the Superior Court
ORDER FOR PUBLICATION OF SUMMONS OR CITATION
CCP §415.50(b)Page 52 Proof of Publication
Space Below for Use of County Clerk Only
(2015.5 C.C.P.)
SAN JOSE POST-RECORD
• 76 West St. John Street
San Jose, California
Phone: 287-4866
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
No.
526847
FERMINA LOPEZ
AND
EDWARD V. LOPEZ
State of California
County of Santa Clara, ss
I, the undersigned, state that I am, and at all times
herein mentioned, was a citizen of the United States of
America, over the age of eighteen years and not a
party to or interested in the above entitled matter;
that I am the principal clerk of the printer and publisher o; the SAN JOSE POST-RECORD, a newspaper
of general circulation, printed and published daily except Saturdays, Sundays and legal holidays, in the
City of San Jose, County of Santa Clara, which newspaper has been adjudged a newspaper of general
circulation by Superior Court of the County of Santa
Clara, State of California, under date of February 3,
1922, Case Number 27844; and that the notice of
which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof, on the following dates to-wit:
E
k.f)
23 1983
JOHN KAZUBOWSKI, Clerk
BY
Donny
SUMMONS
(FAMILY LAW)
No. 526847
Superior Court of California,
County of Santa Clara, 191 N. First
St. San Jose, CA 95113.
MARRIAGE OF
Petitioner: FERMINA LOPEZ
R e s.p onde n t: EDWARD V.
LOPEZ
NOTICE! You have-been sue'd..The
ccurt may decide against you
without your being heard unles8
you respond within 30 dabrs. Mead
the information. below.
iAVlSOl Usted ha sidO deMandado.
El tribunal puede decidir contia Ud.
sin audiencia a menos que Ud.vresponda dentro de 30 .dias. Lea la
intormación que sigue.;
If you wish to seek the advice
of an attorney iri this matt'er,.ydu
should do so promptly so that'your
response or pleading; if any, "niay
be filed on time.
Si Usted desea solicyar él Consejo
de un abogado mn este asunto,
deberia hacerlo inrnediatamente, de
esta manera, su respuesta o alegación, si •hay alguna, puede Ser
registrada a tiernpo.
1. TO THE RESPONDENT EDWARD V. LOPEZ
•
I declare under penalty of perjury that the foregoing is true and correct.
The petitioner has filed a.petition
concerning your marriage. If. you
fail to tile a response within '30
days of the date that• this summons
is served on youl your default rnay
be entered and the court. may
enter a judgmen- t containing injunctive or other orders concerning
property, ' speusal
division of
child
child custody,
support,
support, attorney fees, costs, and
such other relief as may be
granted by the court. The garnishment of wages, taldng of
• money •or property, or other court
authorized proceedings may also"
result.
Dated: June 17, 1983.
JOHN KAZUBOWSK1,
Clerk
• (Seal)
By H. LARA,
Executed on
September 22, 1983
at San Jose, California.
JESSIE SERNA
. 1845 The Alameda
San Jose, CA 95126
•
September 1, 8, 15 & 22
S. Bray
Attorney for Petitioner
(Sept. 1 - 8 - 15 - 22)
Deputy
•Page 53 FOR.COURT USE ONLY
TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name end Address):
(408) 294-9002
JESSIE SERNA
1845 The Alameda
San Jose, CA 95126
ATTORNEY FOR (Name):
Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
SANTA CLARA
Sot 11
191 N. First St.
San Jose, CA 95113
2 16
DEPo'
CITY AND ZIP CODE:
BRANCH NAME:
MARRIAGE OF
FERMINA LOPEZ
PETITIONER:
EDWARD V. LOPEZ
RESPONDENT:
CASE NUMBER:
PETITION FOR
ni
ratbissolution of Marriage
71 Legal Separation
El
526847
And Declaration Under Uniform Child
Custody Jurisdiction Act
Nullity of Marriage
INDEXED
El
Petitioner n
Respondent has been a resident of this state for at least
1. RESIDENCE (Dissolution only)
six months and of this county for at least three months immediately preceding the filing of this Petition for Dissolution.
2. STATISTICAL FACTS
a. Date of marriage: 2/14/77
b. Date of separation:
4 / 1 / 82
c. Period between marriage and separation
Years: 5yrs. Months:2 mo s .
3. DECLARATION REGARDING MINOR CHILDREN OF THIS MARRIAGE
There are no minor children.
The minor children are:
Birthdate
Name
a. ni
b. FRI
Joseph Lopez
19724/74
Sex
Age
•
•C
•8
• male
I re o%
c. IF THERE ARE MINOR CHILDREN, COMPLETE EITHER (1) or (2)
(1) 71 Each child named in 3b is presently living with 17Tpetitioner
at (address):
I 7,
526P'
reribeni
2587 Custard Dr.
San Jose, CA 95124
and during the last five years has lived in no state other than California and with no person other than
petitioner or respondent or both.
Petitioner has not participated in any capacity in any litigation or proceeding in any state concerning
custody of any minor child of this marriage.
Petitioner has no information of any pending custody proceeding or of any person not a party to this
proceeding who has physical custody or claims to have custody or visitation rights concerning any minor
child of this marriage.
1- 1 A completed Declaration Under Uniform Custody df Minors Act Is attached.
(2)
4.
ni
Petitioner requests confirmation of the following as separate asseta and obligations:
Item
Confirm to
(Continued on reverse)
Form Adopted by Rule 1284
Judicial Council of California
1281 (Rev. January 1, 1983)
PETITION
(FAMILY LAW)
Post Record Catalog # 1281Page 54 MARRIAGE OF Ow name—first names of partles:
LOPEZ, FERMINA
CASE NUMBER:
526s47
LOPEZ, EDWARD
12811Rey. January I. 1983
Page Iwo
PETITION (FAMILY LAW)
5. DECLARATION REGARDING COMMUNITY AND QUASI-COMMUNITY ASSETS. AND OBLIGATIONS AS
PRESENTLY KNOWN
a. E:=1 There are no such assets or obligations subject to disposition by the court in this proceeding.
b. n All such assets and obligations have been disposed of by veitten agreement.
c. ELD All such assets and obligations are listed in the property declared 3n to be Mei with this petition.
d. = All such assets and obligations are listed below:
526847
6. Petitioner requests
a.
Dissolution of the marriage based on
(1)n
irreconcilable differences. CC 4506(1)
(2)n
incurable insanity. CC 4506(2)
b. n
Legal separation of the parties based on
(1)n
irreconcilable differences. CC 4506(1)
(2)n
incurable ir sanity. CC 4506(2)
c. = Nullity of void marr.age based on
(1)n
incestuous marriage. CC 4400
(2)ri
bigamous marriage. CC 4401
d,
Nullity of voidable marriage liased on
11) ri
petitioner's age at time of
marriage. CC 4425(a)
prior existing marriage.
t.2) n
CC 4425(b)
unsound mind. CC 4425(c)
(1) ri
(4)n
fraud. CC 4425(d)
(5)E7 force. CC 4425(e)
16) ED phys Ical incapacity.
cp 4425(0
7. Petiticner requests that tte court grant the relief or judgment specifiao ir item 6; make injunctive and other
orders as may be proper, and that
a. 1-7
Child custody be awarded
(1) Legal custody
(a) n
Joint to petitioner and respondent
(b) pri Sole to m petitioner n respondent = other (specify):
(2) Physical custoay
(a) n
Joint to petitioner and respondent
(b) 1. Lxi Sole to i k i petitioner = respondent = other (specify):
b.17,-A C h il d :s i t a ti on ri g ht s be g ra nted (specify):
c. r-T- Child support be awarded pri petitioner ED respondent
s po u.s l s u o po rt be a w a rded
petitioner n
respondent
e. = Property rights be determined.
f. =)0 Attorney's fees and costs be awarded 'F
petitipner = lesponclen;
g. = Wife's former name be restored (specify):
d.ri
r
r
I declare under penalty of perjury undfr the laws of the State of Califoinie\that the foregoing is
• true and correct and that this declaration is executed on S. n Jose
, 41.6
6/1/83
(date):
MONA I URE
-Jessie
PE UONER
Serna
(TYPE OR PRINT NAME DF ATTORNEY)
(SIGNATURE 0
-
RNEY FO1 PETITIONER)
PDF Page 1
PlainSite Cover Page
PDF Page 2
ATTORNEY OR PARTY WITHOUT ATTORNEY
(NAME
and
ADDRESS):
.
FOR COURT USE ONLY
TELEPHONE:
(408) 922-1400
DISTRICT ATTORNEY, SANTA CLARAiOUNTY
BY: TERRY LEE, DEPUTY DISTRIWATTORNEY Bar No. 81587
2645 „„.
ZAnker Road, San Jose, CA 95134 ASSGN WORKER # T428
FSB NO.: 0033317. 380RJM
ATTORNEY FOR (NAME): Public Interest
Insert name of court, judicial district or branch court, if any, and post office and street address.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
170 Park Center Plaza,
San Jose, CA 95113
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
Title or Case
vs.
EDWARD LOPEZ
SEP Z
3 05 PH '96
V. LOVE
COUNT). CLERK
Writ c'LARA COUNTY
CASENIMMR.
PROOF OF SERVICE BY MAIL (1013a, 2015.5 C.C.P)
0526847
STATE OF CALIFORNIA
SS.
COUNTY OF
SANTA CLARA
I am a citizen of the United States and a resident of the county aforesaid: I am over
the age of eighteen years and not a party of the within entitled action; my business
2645 Zanker Road
address is:
On
San Jose, CA 95134
sEP 2 0 1996
on the
served the within:
ORDER AFTER HEARING
RESPONDENT
in said action, 'by placing a true copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid, in the United States mail at
San Jose, CA
addressed as follows:
EDWARD LOPEZ
8897 MONTEREY ROAD,
GILROY, CA, 95020
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on
20 1NR
(date)
at San Jose, California.
(place)
Signature
Revised 4-1-92
PROOF OF SERVICE BY MAIL
8701/000780U
PDF Page 3
FOR COURT OSE ONLY
GOVERNMENTAL AGENCY (pursuant to Wolf. and Inst. Code SS 11475.1 and 11478.2):
(408) TEM:14bO
DISTRITT ATTORNEY, SANTA CLARAANIUNTY
Bar No. 81587
By: TERRY LEE, Deputy Districtlittorney
2645 Zanker Road, San Jose, CA 95134
LSO4
FSB NO.: 0033317 380WXS ASSGN WORKER #
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
170 Park Center Plaza
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME:
San Jose
FERMINA LOPEZ
PLAINTIFF:
DEFENDANT:
1996
DEPUTY
EDWARD LOPEZ
CASE MEMBER
ORDER AFTER HEARING
0$26847
uncontested [ ] by stipulation [ ] contested
1. This matter proceeded as follows:
Dept.: 121 Judicial Officer:
a. Date: 4i-15-616
[ ] Attorney present in court (name):
b. [ ] Plaintiff/Petitioner present in court
[ ] Attorney present in court (name):
Defendant/Respondent present in court
c. [
d. Per Welfare & Institutions Code section 11475.1 and 11478.2, Prosecuting Attorney
(name): chituL...7-,
2. [K] This order is based on the attached documents.
Plaintiff/Petitioner
3. The "Obligor" for purposes of this order is
UK] Defendant/Respondent
4. THE COURT ORDERS, GOOD CAUSE APPEARING:
a. All orders previously made in this action shall remain in full force and effect except
as specifically modified below.
b. Obligor is the parent of and shall pay child support for the following children:
Name
JOSEPH LOPEZ
Date of birth
10/24/74
Monthly amount
payable on the 1St day of each month beginning
(1) [ ] For a total of $
(date):
(2) [ ] Other (specify):
(3) Any support ordered shall continue until further order of court, unless terminated by
operation of law.
c. [
Obligor owes •support arrears as follows, as of (date):
Child support: $l"fill.0.10 [] Spousal support: $
[ ] Family support: $
[ ] Interest.is not included and is not waived.
1>crPayable $ SOC)
on the 1st day of each month commencing
(date):
(0-1
d. No provision of this order shall operate to limit any right to assess and collect
interest and penalties as allowed by law. Interest accrues on the entire principal balance
owing and not on each installment as they become due. All liquidation payments shall be
subject to modification. There shall be no limitation on collection of principal, interest,
and penalties without further notice as allowed by law.
e. All payments shall be made to (name and address of agency) : Refer to Acct. #0033317
FAMILY SUPPORT TRUSTEE, P.O. Box 7622, San Francisco, CA 94120-7622
f. [01 Obligor shall provide health insurance coverage for the children a's obligated by law;
a Health Insurance Coverage Assignment shall issue; and obligor shall complete a form DHS-6110
and return it to the Office of the District Attorney within 20 days.
g. Obligor shall provide written notification to the superior court clerk of any change in
residence and to the Office of the District Attorney of any change of residence, income, or
employment within 10 days.
(continued on next sage)
Fore adopted by Rule 1298.07
The Judicial Council of California
1298.06 :Sew January 1, 1995)
ORDER AFTER HEARING
(Governmental)
9076/002040Z
PDF Page 4
PETIVEONER/PLAINTIFF:
FERMIWAOPEZ
RESPONDENT/DEFENDANT:
EDWARD LOPEZ
CASE MMUS,
0526817
—half of the re
h. Def
is ordered t
al
person.
child(r n) to th
i. A wage and earnings assignment shall issue.
j. NJ—The court further orders (specify):
of the
cy.
ClA'`O-31•:f C75—f
cli\ct
e cos
e un
o-N
cry-\
[ ] This is a guideline order.
[ ] No change of circumbtances is needed to modify the ongoing child support since the
court finds the ongoing child support is not pursuant to the Statewide Uniform Guidelines.
Date:
(SIGNATURE OF ATTORNEY FOR OBLIGOR)
(TYPE OR PRINT NAME)
Date:
5.
L OFFICER
Number of pages attached:
gnature follows last attachment.
NOTICE: Any party required to pay child support must pay interest on Overdue aMounts
at
the "legal" rate, which is currently 10 percent. This can be a large added amount.
I
1298.07 Met. January 1, 1995),
9076/002040Z
Rev. 1/96
ORDER AFTER HEARING
(Governmental)
PDF Page 5
ATTORNEY OR PAM?. WITHOUT ATTORNEY
FOR COURT
TELEPHONE:
(NAME end ADDRE
opE
ONLY
(408) 922-1400
DISTRICT ATTORNEY, SANTA CLARAIPOUNTY
BY: TERRY LEE, Deputy District Attorney Bar No. 81587
2645 Zanker Road, San Jose, CA 95134
ASSGN WORKER # LSO4
FSB NO.: 0033317 380WXS
Public Interest (W & I 11478.2)
ATTORNEY FOR (NAME):
SANTA CLARA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
170 Park Center Plaza
STREET ADDRESS:
San Jose, CA 95113
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
•
San Jose
FERMINA LOPEZ
PETITIONER/PLAINTIFF:
FERMINA LOPEZ
RESPONDENT/DEFENDANT:
[ ]
DEPUTY
EDWARD LOPEZ
WAGE AND EARNINGS ASSIGNMENT ORDER
Spousal or Family Support
Modification UK] Child Support [ 1
TO THE PAYOR:
Date of Birth):
This is a Court order.
CASE NUMBER:
0526847
You must withhold a portion of the earnings of (Obligor's name and
EDWARD LOPEZ 555-11-5388 09/17/53
and pay as directed below. (An explanation of this order is printed on page 2.)
THE COURT ORDERS YOU TO
L. Pay part of the earnings of the employee or other person ordered to pay support as follows:
per month child support arrearages.
$Qz
d.
per month current child support.
'
a. [ 1 $
1
$
per
month spousal support arrearages.
e.
per month current spousal support.
b. 1 j $
per month familysupport arrearages.
f.
per month current family support.
c..
] $
I
g. Wotal deduction $ c -0,̀
2.[K] The
payments ordered under items la, lb, and lc shall be paid to (name, address):
FAMTLY SUPPORT TRUSTEE
SANTA CLARA COUNTY, P.O. Box 7622, San Francisco, CA 94120-7622
3. [X] The payments ordered under item ld, le, and lf shall be paid to (name, address): Same as above.
ACCT. 0033317
4.
The payments ordered under item 1 shall continue until further written notice from payee o
This order modifies an existing order.
5.
the court.
The amoUnt you must withhold may have changed.. The existing
order continues in effect until this modification is effecti;ye.
This order affects all earnings payable beginning as soon as possible but not later than 10
1
receive it.
6.
7.
Give the obligor a copy of this order within 10 days.
0-
[ [
Other (specify):
[,] I agree to this order.
EDWARD LOPEZ
For the purposes of this order, the arrearages are set as follows:
Amount
10.
days after you
a. UK] Child support:
h. [ ] Spousal support:
c. [ ] Family support:
Date:
13-e, -(zo
.‘-do
As of (date)
q-g5 -q.0
CIAL OFFICER
Family Code 55208
Form adopted by Rule 1285.70
The judicial Council of California WAGE AND EARNINGS ASSIGNMENT ORDER Code of Civi1 Procedures, 706.031
1285.70 (Rev. January 1, 1995) (Family Law-Domestic Violence Prevention-Uniform ParentAge) '15 U.S.C. 1672-1673
6770/002074V
Rev. 7/95
PDF Page 6
INFORMATION ABOUT THE
WAGE AND EARNINGS ASSIGNMENT ORDER
1.
DEFINITIONS OF IMPORTANT WORDS IN THIS INFORMATION:
A.
Obligor: any person ordered by a court to pay
child support,
spousal
support, or family
support. Named before item one on page 1.
portion of that payment that is attributable to each
obligor.
If you have more than one order for an obligor, you
must allocate among these orders following the multiple
wage assignments procedure (Form 1285.70A).
B.
Obligee: the person to whom the support is to 3. Special computation instructions for payors who are
be paid, including the District Attorney or
employers:
other government agency in some cases. Named in
item 2 on page 1.
A.
State and Federal laws limit the amount of earnings
that you should withhold and pay as directed by
C. Payor: the person or entity, including an
this order. This limitation applies only to
employer, that pays earnings to an obligor.
earnings described it item 1D(1). The limitation is
stated as a specified percentage of the employee's
D. Earnings:
disposable earnings.
(1).
wages, salary, bonuses, vacation pay,
Disposable earnings are different from gross pay
retirement pay, commissions paid by an
or take-home pay. Disposable earnings are the
employer;
earnings left after subtracting the money that
(2).
payments
for services
of
independent
state or federal law requires an employer to
contractors;
withhold. Generally these required deductions are
dividends,
rents,
royalties,
and
(1) federal income tax, (2) social security, (3)
(3).
residuals;
state income tax, (4) state disability insurance,
(4).
patent rights, mineral or other natural
and (5) payments to public employees' retirement
resource rights;
systems.
(5).
any payments due as a result of written
After the employee's disposable earnings are
or oral contracts for services or sales,
known, withhold the amount required by the order,
regardless of their title; and
BUT NEVER WITHHOLD MORE THAN 50 PERCENT OF THE
any other payments or credits that result
DISPOSABLE EARNINGS UNLESS THE COURT ORDER
(6).
•
from an enforceable obligation.
SPECIFIED A HIGHER PERCENTAGE. Federal law
prohibits withholding more than 65 percent of
E. Wage and Earnings Assignment Order: A court
disposable earnings of an employee in any case.
order issued in every court case where one
person is ordered to pay for the support of
B.
If the employee is paid by a different time period
another person. The support may be child,
from that specified in the order, prorate the
spousal, or family support. This order has top
amount ordered to be withheld so part of it is
priority
over
any
other
orders
such
as
•withheld from each of the employee's paychecks.
garnishments or earnings withholding orders.
Earnings should not be withheld for any other
C.
If the employee stops working for you, notify the
order until the amounts necessary to satisfy
obligee, not later than the date of the next
this order have been withheld in full.
payment, by first class mail, giving the employee's
When this order is for child support, it has
last known address, and if you know them, the name
top priority over a similar order for spousal
and address of any new employer.
support. The front of this form tells which
types of support this order is for.
California law prohibi.ts you from firing, refusing
D.
to hire, or taking any disciplinary action against
2. INFORMATION FOR ALL PAYORS: Withhold'money from the
any employee because of a Wage and Earnings
earnings payable to'the obligor as soon as possible
Assignment Order. Such action can lead to a $500
but not later than 10 days after you receive this
civil penalty per employee.
order. Send it to the obligee within 10 days of the
pay date. You may deduct $1.00 from the obligor's 4.
INFORMATION FOR ALL OBLIGORS: Family Code section 5270
earnings for each periodic payment you make.
describes the procedures available for you to ask the
When sending the withheld earnings to the payee,
court to quash this order. You may file a motion to
state the date of the check from which the earnings
quash this order but you must act within ten days after
were withheld. If you are unable to pay the
you receive a copy of the order from the payor. See the
withheld amounts for six months or more because the
procedure set forth in Family Code section 5271.
person named in item 2 on page 1 has not notified
Family Code section 5240 describes the procedure by
you of a change of address, make no further
which an obligor may request the court to terminate the
payments
under
this
order
and
return
all
assignment order.
undeliverable payments to the obligor. You will be
These laws may be found in any law library. Each
liable for any amount you fail to withhold and can
California county has a law library.
be cited for contempt of court.
You may combine amounts withheld for more than 5.
SPECIAL INFORMATION FOR THE OBLIGOR WHO IS AN EMPLOYEE:
one obligor in a single payment to each obligee, if
Family Code section 5281 requires you to notify the
you identify the
obligee (item 2 on page 1) if you change your
employment. You must provide the name and address of
your new employer.
WAGE AND EARNINGS ASSIGNMENT ORDER
(Family Law - Domestic Violence Prevention - Uniform Parentage)
1285.70 (Rev. January 1, 1995)
Page two
PDF Page 7
'\
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
DOMESTIC D.A. LAW AND MOTION CALENDAR
COMMISSIONER MARY ANN GRILLI
Reporter:SHARON STUGEN
For:
9/18/96
Clerk:JOY BRIDSTON
Wednesday
Dept: 121
960917 0757
Page:
1
Bailiff:JIM NORTH•
C:164.4L!
1( 1:30 PM Case: 526847
LOPEZ, FERMINA
v
Type: DA SUPPORT
Date Filed: 06/27/96
Event: MTN: DETERMINE ARREARS AND PAYBACK
AMOUNT (P)
PEEsEETPA
PLNTFF: LOPEZ, FERMINA
DEFT:
LOPEZ, EDWARD
aAA.4.4, t4j
D.A.: DISTRICT ATTORNEY FAMILY SUPP
AU-314- AL4,44-
///,v, ---
0
c
/0 -
F. .
2. 1:30 PM Case: 562716 /4/
1
COUNTY OF SANTA CLARA v MARTINEZ, R CHARD
( (40 /.444.4.) f.d'ut.A.4.-..
Q7-0 raki
Type: DA SUPPORT
Date Filed: 07/14/95
,prent: OSC: MOD OF CHILD SUPPORT (D) 13
TESEN&A-4Z et---4-->-t-44-4- - 27et-d-z';‘-u 7714-4-414-61/ ,7„
tJ
PLNTFF: COUNTY OF SANTA CLARA
A2.
4:11-11-4-4'-f-4110LT—H.
FT:
MARTINEZ, RICHARD OttietA-r—'
ATTY: PRO PER
*
F.S.B. # 0002008
al-Cith1-41
CA.411,A)
a/IA.4-0(44J
_
,
eA--y-h-e-k.) 4
4/ 6 7/JALe 6 4.1-4C-ILZ-d—
g',5.s/ b/Ate
1747
3)
-7.`; /..? • - 9‘
. 1:30 PM Case: 644851
COUNTY OF SANT CLARA v REYES, ANTHONY
Type: DA SUPPORT
Date Filed: 09/11/95
Event: MTN: ACCTG & REDUCTION IN PAYMENT OF
ARREARS C/F 8-27-96
PLNTFF: COUNTY OF SANTA CLARA
DEFT:
REYES, ANTHONY
•
PRESENTim
e
ATTY: DIST ICT ATTORNEY FAMILY SUPP
PRESENTATTY: PADILLA, JOHN M.
PDF Page 8
DAMAIC1 V007
380FGR
MODE: DISPLAY
ABSENT PARENT: LOPEZ
FSBCASE NBR: 0033317
X DOCKET# ST ACCOUNT NAME
CASE ACCOUNT SUMMARY
EDWARD
PAYEE
PR BAL
NO
DUE
110
DATE: 09/18/96
TIME: 10:06
PAGE:
1
**** CURRENT MONTH ****
PMT DUE
AMT PAID
BAL DUE
0526847 C N/W CURRENT C/S
0526847 0 INT N/W C/S ARRS
0526847 0 N/W C/S ARRS
01
01 16,820.40
01 20,600.00
16,820.40
20,600.00
DUE PAYEE: 01 FERMINA LOPEZ
37,420.40
37,420.40
DUE FROM PAYOR
37,420.40
37,420.40
RESPONSES
PF2-PAYMENT HISTORY REPORT
RESPONSE:
DC962011 RECORD DISPLAYED
'X'FOR ALL YEARS
OR YEAR:
PDF Page 9
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORMA
COUNTY OF SANTA CLARA
FAMILY LAW DIVISION
170 Park Center Plaza
San Jose, California 95113
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
•
E
SEP 1 8 1996
LOPEZ,—
S—EF'HEN V. LOVE
cc,;Ity Clark
opa.- 7--
Sa Ita Clara County
BY
STIPULATION TO TEMPORARY JUDGE
(Commissioner)
DEPUTY
CASE NUMBER:
S
Gsra,L1-4-
IT IS HEREBY AGREED between the undersigned that all proceedings, including trial and contempt in this
matter, may be heard by MARY ANN GRILLI, Commissioner of the Santa Clara County Superior Court, and a
member of the bar of this state, in accordance with Article 6, Section 22 of the Constitution of California, and
further in accordance with the appointment of said Commissioner by the Presiding Judge of the Superior Court
as temporary judge made under the authority of Article 6, Section 21 of said Constitution and Section 259(e) of
the California Code of Civil Procedure.
It is understood that said Commissioner has previously been appointed to act as a temporary judge as to all
matters assigned to her by a Judge of this Court for hearing and that she has taken the necessary oath of office as
to all matters so assigned.
Dated:
tai -ct
Petitioner/Plaintiff
Respondent/Defendant
Attorney for Petitioner/Plaintiff
Attorney for Respondent/Defendant
Claimant
Attorney for
atmant;
STIPULATION TO TEMPORARY JUDGE
3 I—
PDF Page 10
FOR COURT USE ONLY
TELEPHONE:
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME and ADDRESS):
(408) 922-1400
DISTRICT ATTORNEY, SANTA CLARAII!ONTY
F:AUL J. SEIDEL, Deputy Di51. ict Attorney 109873
2645 Zanker Road, San Jose, CA 95134
LSO4
ASSGN WORKER #
FS8 NO.: 0033317 380WXS
Public Interest (W & I 11478.2)
ATTORNEY FOR (NAME):
SANTA CLARA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
170 Park Center Plaza
STREET ADDRESS:
—BY:
FILED
Jo Z7 2 si 'SG
MAILING ADDRESS:
San Jose, CA 95113
San Jose
FERMINA LOPEZ
PETITIONER/PLAINTIFF:
CITY AND ZIP CODE:
BRANCH NAME:
RESPONDENT/DEFENDANT:
'SANT
BY
EDWARD LOPEZ
NOTICE OF MOTION
] MODIFICATION [ ] TEMPORARY SUPPORT
[1 JUDGMENT [
[ 1 Health Care
[ ] Support
DETERMINE ARREARS AND PAYBACK AMOUNT
[X] Other (specify):
1.
2.
time: 1:30 p.m.
9/18/96
in [X] dept:
c.
4.
0526847
Supporting attachments
Completed Request for Order and Supporting,
Declaration and blank Response
Financial information and blank Income
[
and Expense Declaration
e. [X] Other
[] Points and Authorities
[
NOTICE:
121
(
other (specify-):
b. Address of court [X] same as noted above [
b.
CASE NUMBER:
To (name): EDWARD LOPEZ, RESPONDENT herein,
READ THE ATTACHED REQUEST FORM. A hearing on the motion for relief requested will be
held as follows:
a. date:
3.
a.
CLERK
COUNTY
---..— DEPUTY
Or-der for
ignore t is
found to
d Testing (If you
er, you may be
IVarent.)
,
DECLARATION IN SUPPORT OF MOTION
IF YOU WISH TO HAVE A TRIAL YOU MUST APPEAR AT THE HEARING ON THE REQUEST.
•
Date:
PAUL J. SEIDEL
(TYPE OR PRINT (NAME)
(SIGNA
Notice: Child support is based on your ability to pay, which may include your income,
earning capacity, and life style. The amount of child support can be large and can
continue until the children reach age 19. You should give the court information given
about your income and expenses. If you do not, the support order will be based on other
information given to the court.
You do not have to pay any fee to file response (for 1298.05) and your completed
Financial Declaration (form 1285.50). You must file any documents with the court and
mail copies (at least five court days before the hearing date) to the District Attorney
at the following address:
See cage 2 for Proof of Service by Mail)
FOin adopted by
Rtlie
1298.09
The 4udicial Council of California
1298.09 (Nev. July 1, 1994)
NOTICE OF MOTION
(Governmental)
6040/002039Z
rev 11/94
PDF Page 11
•
PETITIONER/PLAINTIFF:
FERMINA LOPEZ
RESPONDENT/DEFENDANT:
EDWARD LOPEZ
FSB NO.41033317 380WXS
ASSGN.WORRER # .LSO4
BE!
FILEDCASE NIMR
0526847
JuZÏ
PROOF OF SERVICE
1
2
BY
2 50 Pi 196
MAWUNTYOLERK
I . am over the age of . 18, not a party to this caue240g2g6r
county where the mailing took place.
My residence or business address is:
employed in the
2645 Zanker Road, San Jose, CA 95134
3
I served a copy of this motion by enclosing it in a sealed envelope and depositing the
envelope [ ] directly in the United States mail with postage paid OR [ ] at my place
of business for same-day collection and mailing with the United States mail, following
our ordinary business yractes with which I am readily familiar.
b. Place of deposit (city and state: San Jose, CA
a. Date of deposit: b/4e.
• c. Addressed as follows:
EDWARD LOPEZ
8897 MONTEREY ROAD
GILROY, CA 95020
4. I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Date:
w227/94
...DONNA JACUZZO...
(TYPE OR PRINT (NAME)
1298.09 (New. July 1, 1994)
NOTICE OF MOTION
(Governmental)
Page two
6040/002039Z
PDF Page 12
,
•
FSB NO.: 0033317 380WXS
# LSO4
ASSGN WR
PETITIONER/PLAINTIFF:
FERMINA LOPEZ
RESPONDENT/DEFENDANT:
EDWARD'LOPEZ
CASEMRIMR:
Fl
(THIS'IS A REQUEST, NOT AN ORAW)27
I REQUEST THE FOLLOWING ORDERS FOR:
"
10/24/74 'SANTACLARACOUNTY
ay. ----.DEPUTY
JOSEPH LOPEZ
2.
2 so PM 96
Date of Birtbcoury GLERK
Name
] PARENTAGE.
E5D847
A judgment that you are the parent of these children.
] CHILD SUPPORT.
Monthly child support based on the state guideline.
Earnings Assignment Order will be issued.)
a. [ ] This is a request for a change to an existing order
(1) filed on (date if known):
(2) ordering (specify):
(A Wage• and
b. Child support to commence
(1) on the date this request was mailed or given to you.
(2) [X] effective (specify):
3. [ ] HEALTH INSURANCE COVERAGE and a HEALTH INSURANCE COVERAGE ASSIGNMENT.
NOTICE: The District Attorney is seeking a Health Insurance Assignment ordering
your employer to enroll the above children in an appropriate health insurance plan.
4. [ ] FEES AND COSTS.
[ ] Fees:
[ ] Costs:
$
$
5. [X] OTHER REQUESTS (specify): DETERMINE AMOUNT OF CHILD SUPPORT ARREARS OWING, INCLUDING
ACCRUED INTEREST, ENTER JUDGMENT FOR SAID AMOUNT PLUS PAYBAC1c AMOUNT.
6. [X] FACTS IN SUPPORT of this request are:
[X] contained in an attached Declaration.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Date:
c ,
:
PAUL J. SEIDEL
(TYPE OR PRINT NAME)
Form adopted by Rule 1298.03
The Judicial
Council of California
1296.03 ibew. July 1, 1994)
(SIGNATURE OF APPLICANT)
REQUEST FOR ORDER AND SUPPORTING DECLARATION
(Governmental)
6040/002039Z
PDF Page 13
•
•
•
FILED
1
2
3
4
.5
6
so it '96
Int 27 2
GEORGE W. KENNEDY
District Attorney
Santa Clara County
COUNTY CLEruc
BY: RAY MORRIS Bar No. 47002
SANTA CLARA COU'ITY
Deputy District Attorney
BY
2645 Zanker Road
San Jose, CA 95134
Telephone: (408) 922-1400
Attorney For The Public Interest (W & I 11478.2)
FSB No.: 0033317 380GFF
T457ENF
ASSGN WORKER #
7
8
9
10
11
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA
Plaintiff,
VS.
NO.
0526847
DECLARATION REGARDING ARREARS
EDWARD LOPEZ
12
Defendant.
13
14
I, ERIN BIGELOW, FAMILY SUPPORT OFFICER, Family Support Division of Santa
15
Clara County am a duly qualified custodian of the records of the Family
16
Support Trustee.
17
determined as follows:
I have reviewed the pay history of the obligor and have
18
Total Principal Due:
$ 20,600.00
19
Total Interest Due :
$ 15,790.38
20
Balance Due:
$ 36,390.38
21
The above is the amount due as of MARCH 1, 1996
22
I declare under penalty of perjury that the above is true 4nd correct.
23
24
Date:
MARCH 27, 1996
25
26
George W. Kennedy
District Attorney
County of Santa Clara
San Jose, California 95110
5401 REV 1/91
7425/002198U
rev. 3/94
ERIN BIGELOW, FAMILY
ORT OFFICER
PDF Page 14
DATE:
INTEREST CALCULATION
DA -FSB A'RREARS
BD117001...
SEM 5551153a
PAY91-,
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
:1P1ME - ADDRESS
OPEN
89
77-130208-A
niT7
04/11/84
IOC H1,1K 0.56
100
ORDER NO 0526847
TOTALS
ACCOUNT
DIRECT
RECEIVED
OWED
00141H•(k
0.00
INITIAL PRINCIPAL OWED
0.00
0.00
0.00
)(iN PI
/00)
0.00
0.00
0.00
i CD
20600.00
0,00
TOTAL OWED
0,00
0,00
MAR 84
0.00
0.00
200.00
APR 84
0.00
0.00 TOTAL RECEIVED
0,00
MAY 84
0.00
PRINCIPAL
TO
APPLIED
*WAS
0.00
0.00
2'°0.00
JUN 84
°.00
INTEREST
TO
APPLIED
*WAS.
0.00
0,00
200.00
JUL 84
0.00
*WAS APPLIED TO CURRENT
0.00
0.00
AUG 84
0,00
0.00
200.00
SEP 84
20600,00
TOTAL PRINCIPAL DUE
0.00
0.00
200.00
OCT
oh
15790.38
DUE
INTEREST
TOTAL
0.00
0.00
200.00
Nov
BILL)
(NO
0.00
0.00
34
:200.00
DEC
7°
71
DUE
BALANCE
0.00
0.00
1800,00
TOTAL
03/01/96
OF
'AS
FERMINA
PAYEE NAME: LOPEZ
PEE!-NEXT. PF9-NEW ACCT
PF7-PREV
-F3-MENU
PRESS ENTER-CALCULATE INTEREST
IsATE: 04/16/9f5
CALCULATION
DA-FEB ARREAPS , INTEREST
1:DM-ZOGC
PAYOR - SEN 555115338
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
- ADDRESS
CYWAnn
OPEN
89/
77-130208-A
04/11/94
LOC UNK 0286
::;52:J647
•
CA
TOTALS
MONTH YR- • INITIAL PRINCIPAL OWED
0.00
200.00
dAN
200.v0
,,
TOTAL 7u7r
0.00
200.00
APR 85
0.00
0,00 TOTAL RECEIVED
C..00
200.00
e5
0.00
*WAS APPLIED TO PRINCIPAL
0.00
0.00
200.00
jUN 85
0.00
*WAS APPLIED TO INTEREET
0.00
0.00
200.00
JUL 95
0.00
CURRENT
TO
ADPLIED
*WAS
0.00
200.00
0.00
AS,
200.00
0.00
0.00
SEP e5
2 6
TOTAL PRINCIPAL DUE
0.00
DUE
INTEREST
TOTAL
0.00
0.00
NOV 85
200,00
)
N0 B
0.00
.00
200.00
85
E;
..
3
6-.Z.S
DUE
BALANCE
0.00
-00
2400.00
'0.TAL
AS OF 03/01/96
FERMINA
F.AYEE Nt,ME LOi
PF9-NEW ACCT
PF8-NEXT
PF7-PREV
PF3-MENU
C6LC..Ui.IViE *INTEREST
PH7"S
04/16/96
TATE:
INTEREST CALCULATION
DA -FSB ARREARS
BDM300C
- ESN 55',115388
or:N. CLOSE DATE
TY:.LCODC
ACCT. NO.
ADDRES:,'
NAME
OPEN
P9
EDWARD
04iii/E4
LOC UNK
100
0526847
kl..,`;'11,1
ACCOUNT TOTALS
kECEiVED
OWED
vwfOTH
•
•
--TNJ5-IAL.--PRI-NO-fPAL- OWED
013
:,
r(iN 36 - 'n0:(00/00)
200.00
ri
8?.,
0.00
20600.00
TOTAL OWED
206.00 •
M(W 86
0.00
200.00_
APR 30
0.00
_
0.00
0.00'
1-IbtAL - RECEIVEDMAY als- _200.00
0.00
PDF Page 15
DAT-: 04/16/96
INTE :TT_C. ALCULATION
BDM300C
_______DA=ESP_ARREARS
ESN 55511 5388
PAYOR
:N-CLOSE DATE
TYPECODE
ACCT. NO.
ADDRESS
89
77-130208-A
EDWARD
LOPEZ
04/11/84
LOC HNK 0286
100
0526847
NO
ORDER
FRESNO rA
TOTALE
ACCOUNT
DIRECT
RECEIVED
OWED
MONTH YR
0.00
INITIAL PRINCIPAL OWED
0:00
0.00
200.00
JAN 87
(00/00)
0.00
0.00
200.00
FEB 87
20600.00
TOTAL OWED
- 0.00
200.00
0.00
MAR 87
°AO
0,00
200.00
APR 87
0,00
TOTAL RECEIVED
200,00
0.00
MAY 87
0,00
PRINCIPAL
TO
APPLIED
*WAS
200.00
0.00
jUN 87
0.00
INTEREST
TO
APPLIED
*WAS
0.00
200.00
jUL 87
0.00
CURRENT
TO
*WAS APPLIED
0.00
7'00,00
AUC 67
200.00
0.00
EEP 87
20600,00
TOTAL PRINCIPAL DUE
0.00!
0.00
200.00
OCT 87
15790.38
'1OTAL INTEREE1 DUE
0,00
200.00
0.00
NOV 87
(NO BILL)
0.00
0.00
200,00
DEC 87
363.90,38
TrAl ANCL riuE
0.00
0.00
2400,00
TOTAL:
_OE OF 03/01/96
FERMINA
PAYEE NAME: LOPEZ
RFS-NEXT • PF9-NEW ACCT
PF7-PREV
PE3-MENU
PRESS ENTER-CALCULATE INTEREST
DATE: 04/16/96
DA-FED ARREARS & INTEREST CALCULATION
BDM300C
PfY;OR - EEN 555115388
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
NAME - ADDRESS.
CPEN
39
77-13020S-A
EDWARD
LOPEZ
04/11/84
0286
LOC UNK
100
ORDER N 0 052684Y
FRESNO CA
ci
N
cz:
DIRECT
RECEIVED
pwED_
MONTH YR
0,.00
R .N CIPArT
I
0.00
200.00
-JAN 88
(00/00)
0,00
.200.00
3TAL
0.00
AF-R
0.00
TOTAL RECEIVED
200,00
'10
*WAS ff,:FPLLED
0.0'0
jUN
0.00
*WAS APPLIED TO INTEREST
200.00
0.00
JUL 88
0.00
*WAS APPLIED TO CURRENT
O On
0..00
200.00
AUG 22
O 00
200.00
0_00
EFP
20600_00
TOTAL PRINCIPAL DUE
O 00
200.00
0_00
OCT 88
i 5790.38
DUF
TOTAL INTERE5,7
0.D0
0.00
200.00
NOV 89
(
NO BILL)
0.00
0,00
200.00
DEC 88
36390.38
BALANCE DUE
0.00
2400.00 •
TOTAL:
03/01/96
OF
.
AS
PMENA
LOPEZ
NAME:
PAYEE
PE8-NEXT PF9-NEW ACCT
PRESE ENTER-CALCULATE INTEREST
DATE: 04/16/96
Y" CALCULATION
DA-FEB ARREARS &
BDM300C
PAYOR - EZN 555115388
nPEN-CLOSE
TYPECODE
ACCT. NO,
ADDRESS
NAME .
OPEN
89
77-13020S-A
EDWARD
LOPEZ
04/11/84
0286
LOC UNK
100
ORDER NO 0526847
FRESNO CA
TOTALS
ACCOUNT
DIRECT
RECEIVED
OWED
MONTH YR
0.00
AL PPJNCIPAL OWED
jAN__S9_ _2.00.000.
0., 00
(00/00)
0.00
0,00
200.0'0
FEB E19
20600.00
TOTAL OWED
0.00
200.00
MAR 89
. 0.00
0.00
200,00
0.00
APR 89
-,„
0.00 TOTAL
0.00
200.:00
MAY 89
.
0.00
APPLIED-TO-PRINCIP,AL
*WAS
0.00.
0.00
200.,00.
JUN 89
0.00
INTEREST
TO
APPLIED
*WAS
0.00
0.00
200.00
JUL 89
0.00
CURRENT
TO
APPLIED
*WAS'
0.00
0.00
200.00
AUG 89
0.00
200.00
0.00
ECP--a9
TOTAL PRINCIPAL DUE '..20600.00
0.00
0.00200,00
OCT 89
.1
TOTAL INTEREST DUE'' 15790.38
0.00
200.00
0.00
_
NOV 89
BILL:
-(NO
0.00
' .
200T0.0 `
0.00
DEC 89
I
-36390.38:
-'BALANCE
DUE
0.00
2400.00
0.00
TOTAL:
A.7 OF
03toi-Pplm4A4AwmOfti.qo,At
PDF Page 16
•
•
VAIL: U/4/16/Y0
DA-FSB ARREARS & INIERLSI UPiLUULAI1UN
PDM300C
55!:51153,SO
- ESN
PAYOR . .
TIFECODE WEN-CLOSE DATE
ACCT. NO.
NANE -. ADDRESS
OPEN
89
77-130208-A
EDWARD
LUPEZ
04/11/84
LOC UNK 0286
100
ORDER NO 0526847
FRESNO CA
TOTALE
ACCOUNT
DIRECT
OWED
MONTH YR
0,00
INITIAL PRINCIPAL OWED
0.00
200,00
JAN 90
(00/00)_
0,00
200.00
FEB 90
20600.00
TOTAL OWED
0.00
m" . 200.00
MAR 70
0,00
200.00
APR 90
0.00
0.00 TOTAL RECEIVED
200.00
90
MAY
0.00
*WAE APPLIED TO PRINCIPPL
0.00
200,00
JUN 90
0.00
INTEREST
TO
APPLIED
xWAE
0.00
200.00
jUL 90
0.00
CURRENT
TO
APPLIED
*WAS
0.00
200.00
AUG 90
200,00
SEP 90
20600.00
TCTAL PRINCIFAL DUE
200.00
OCT 90
15790.38
DUE
INTERF.ST
TOTAL
200.00
NOV
(NO
BIL-)
200,00
DEC 90
7i7on
DU:
BALANCE
2400,00
TOTAL:
'AS OF 03/01/96
PAYEE NAME: LOPEZ
FF8-NEXT PF9-NEW ACCT
PF7-PREV
PRESS ENTER-CALCULATE.INTEREET . PF3-MENU
DATE 0--...16/93
DA-FSE ARREARS & INTEREST CALCLATION
BDM-300C
PAYOR - SEN 555iff3O3
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
NAME - ADDRESS
OPEN
89
77-130208-A
EDWARD
LOPEZ . •
04/11/84
LOC UNK o286
,/
100
ORDER NO 0526847
FRESNO CA
(2COUNT TOTALS.
MOW141)--YR"-4*4(1ttE,D44 ,64:0,00
INITIAL PRINCIPAL OWED
o.00
o.0a_.
200,00
9t
J.
(00/00)
0.00
0.00
200.00
FEB 71
20600_00
TOTAL nWcD
0.00
0.00
200,00
MAR 04
0.00
0.00
200.00
APR 91
9.00
TOTAL RECEIVED
0.00
0,00
200.00
91
MAY
0_00
PRINCIPAL
TO
APPLIED
*WAS
0.00
0,00
200,00
jUN 94
0.00
*WAS APPLIED TO INTEREST
0.00
0.00
200,00
JUL 91
TC
APP._IED
0.00
0.00
200.00
AU:;
0.00
0,00
200.00
1
SEP
20600.00.
TOTAL PRINCIPAL DUE
0.00
200.00
0.00
OCT 91
04
15790,32
DO.7
INTEREST
TO7AL
0,00
0.00
200.00
NOV
(NO
BILL)
4
0.00
0.00
200.00
DEC
36390.38
DUE
BALANCE
0 00
0.00
2400,00
TOTAL:
•
AS OF 03/01/96
I-EkM1NA
PAYEE NAME: LOPEZ
RF9-NEW ACCT
FXT
PF7-PREV
MENU
PRESS ENTER-CALCULATE INTEREST
04/16/96
DATE:
DA FS: ARREARS & INTEREST CALCULATION
BDM300C
PAYOR - ESN 555115388
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
NAME - ADDRESS
e9
77-13020E-A
EDWARD
LOPEZ
04/11/8-4
LOC UNK 0286
100
ORDER Nb 0526847
FRESNO CA
TOTALS
ACCOUNT
DIRECT
RECEIVED
•
YR
OWED•
MONTH
05-00
0--;00- • - - 0
- INITIAL. PRINCIPAL .0MED
200:0-0(oo/oo)
0.00
0.00
200.00
FED 9-)
2000(:,..00
TOTAL OWED
O .00
200.00
0.00
MAR 92
mA
JUN
JUL
EEF
OCT
N0V
DEC
-Urr(M
9.s.77.37.0t;W
92 . 200.00
92.200-:06:--200,00
92
200.00
92
200A0
92
W
04.0444::.
92
ftbo,00
6.op_
0,00
0.00
o.oa.
- 9.00 0,00
0.00
0.00 ibTAL'RECEIVED
0,00
*WAS APPLIED TO PRINCIPAL
0.00
0.00
*WAS APPLIED TO INTEREST
0:000.00
*WAS AP,P'TED TO CUPET
0,00
0,00
20600.00
TOTAL PRINCIPAL DUE
0.00
TOTAL INTEREST DUE . 15790.38
0.90
(NO BILL)
0.00
36.390,35
BALANCE D(E
0.00
PDF Page 17
DATE: 04/16/96
DA-FSB ARREARS & INTEREST CALCULATION
BDM300C
Pf*:::YOR -.ESN 555115388
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
NAME - ADDRESS
OPEN
8?
77-13020S-A
EDWARD
LOPEZ
04/11/84
LOC UNK 0286
f;00
ORDER NO 0526847.7
FRE:':.:NO CA
ACCOUNT TOTALS
DIRECT
_RECEIVED
OWED
MONTH:YR
7- 0.60-o.bo" .
.JAN- 93
0 ,e) 0
(00/00)
0,00
0,00
'7ED 93
TOTA:„ OWED
0,00
0.00
0.00
0.00 TOTAL RECEIVED•
0.00
0.00
MAY 93
0,00
PRINCIPAL
TO
APPLIED
*WAS
0.00
0.00
00
JUN 93
n nn
TNTFREST
TO
*WAS
APPLIED
0,00
0.00
jUL 9.v.00
0.00
*WAS APPLIED TO CURRENT
0.00
0.00
97
:n.fc
0„60
0.00
0.00
9Z
20600.00
TOTAL PRINCIPAL DUE
0.00
0,00
0.00
COT 93
15190.32
DUE
INTEREST
TOTAL
0.00
000
N2V
(NO
BILL)
0.00
0,00
0.00
vEO 93
36390.38
DUE
BALANCE
0„00
TPTAL
0.00
0.00
AS OF 03/01/96
FERMINA
-AT'Et NAME LOPEZ
PF8
-NEXT PF9-NEW ACCT
PF7-PREV
PF3-MENU
1Nfi
PRESS ENTER OALr,U1
DATE: 04/16/96
INTERES- CALCULATION
BDM3tv)1:
555115388
7AYOR
OPEN-CLOSE DATE
TYPECODE
ACCT. NO.
ADT1:4:ESE
NAME
OPEN
77-130208-A
89
EDWARD
LOFF7
04/11/84
uhfl, T286
100
ORDER NO 0526847
FPFSNO rA
ACCOUNT TOTALS
DIRECT
HLCEIVED
OWED 0.00
INITIAL PRINCIPAL OWED
0,00
0.00
0.00
f,00/00)
0.00
FED Y4
0,00
20600.00
TOTAL OWED
0.00
0,00
0.00
0.00
„ 4,.. 0.00
MAY 94
.0.00
.
TOMOCIPAL_
JUN 94
0.00
1k7AfkL,T01_*W-1
6
P- 00
0.00
APPLIED.,T0_,.INTEREST
0.00
JUL 94
--CiiRR'ENTIt
-T;;WAARPLIED0,00
41UC
0,00
0-.7n
0.00
0,00
TOTAL PRINCIPAL DUE '.20600,00
0.00
0.00
OC T /4
i5790.30
TO'TAL'INTEREET DUE
0.00
NOV 94
0.00
• : . A'NO BILL) 0.000..00
DLO 94
- ;36390.38
• -BALANCE DUE
a.000.00
TOI(IL
AS-;•";:arz 0:3/01/96
,
PDF Page 18
VA , : 04/16/96
DA-FEB ARREARS & INTEREST CALCULATION
BDM300C
PAYOR -.ESN 555115388
OPEN-C-L0,-;E
TYTI- CODE
ACCT. NO.
ADORESS
OFLN
S?
EDWARD
LOPEZ
04/ 1 1/:,4
LOC UNK 0286
'11, DER NO 0526847
FRESNO OA
ACCOON1 TOTALS
DIRECT
1
W,D
PIC!
YR
MONTH
CIW! P
INITIAL
00
jAN 95
(00/00)
0,00
0.00
0,00
FEB 95
20600.00
1WFD
0,00
0.00
MAR 95
0.00
0.00
0.00
APR 95
0.00 .1.TAL P7CEDiFn
0.00
MOY 95.
0 AO
0-.00
D IU
0.00•k -WAS
0.00
0,00
JUN 95
0.00
INTEREST
TO
:,Fi'LALD
A-WAY
0.00
0.00
0.00
JUL 95
°.00
CURRENT
Ocr.'
TO
°PLIED
lt-WAS
0.00
0.00
0,00
AUG
0_00
0 -0
0.00
SEP 95
ic;NrIFAI DUE
(,0
0.00
O "
COT 95
15790.38
INTEREEF MJE
TnTA1
0.00
0.00
0.00
NOV 95
(Ng
DEC 95
36390 58
DUL
//
0.00
0.00
TOTAL:-0.00
f01/9j
"or
PAYEE NAME: HPI.
°F-d-NI-XT
PF3-MENU
INTEREST
PRf.S2:,i',ENTER-OALCULATE
04/10/WyR ES1- CALCIkATION
R. AR R EA R
"7ffff
- EEN 555415388
OPEN-OLCS: DATE
TvPECODE
ACCT. NO.
NAME - ADDRESS
EDO!.
.
RD
LOPEZ
04/11/8L
LOC UNK 0286
0526847
FRESNO CA
ACCOUNT TOTALS
RECEIVED
OWED
MONTH YR
0.00
PRINCIPAL OWED
INITIAL
0,00
96
0,00
0.00
0.00
FEB 96
20600.00
.,• A L..
T1:::!"
0.00
0.00
MAR 96
0.00
APR 96
00
MAY 96
TO PRINCIPAL
0.00
jUN 96
TO INTERESI
0.00
96
.1111
TO CURRENT
0,00
AUG 96
0.00
SEP 96
20600.00
TOTAL PRINCIPAL DUE
0.00
OCT 96
15790.38
DUE
INTEREST
TOTAL
0.00
NOV 96
BILL)
(NO
0.00
DEC 96
36390.38
DUE
BALANCE
0.00
0.00
TOTAL:
A. OF 03/01/96
PAYEE NAME: LOPEZ
PF9-NEW ACCT
P'-7-PREV
PRESS ENTER-CALCULATE INTEREET
vs-
PDF Page 19
1
4
LEO HIMMELSBACH
District Attorney
Santa Clara County
BY:AL FABRIS
Deputy District Attorney
1560 Berger Drive
San Jose, CA 95112
6
Telephone: 299-7000
Attorney for Petitioner
DA#130208/T1N1/cft
2
3
7
FERMINA LOPEZ,
Petitioner,
11
13
DEPUTY
)
)
)
No. 526847
)
)
).
ORDER TO MAKE CHILD SUPPORT
PAYMENTS TO FAMILY SUPPORT
TRUSTEE
)
VS.
EDWARD V. LOPE;,
14
15
BY
IN AND FOR THE COUNTY OF SANTA CLARA
9
12
County Ciork
Santa C C unty
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
10
JUL 06 1984
Respondent.
)
)
)
Pursuant to prior Order dated
April 3, 1984
EDWARD V. LOPEZ
16
in the aboVe-entitled •action,
17
was ordered to make support payments for his minor child(ren) as
18
follows:
19
DOB: 10/24/74
JOSEPH LOPEZ
$200.00
20
21
22
23
24
for a total of $ 200.00
25
on the
3rd
monthly, as follows:
$200.00
day of each month 0000000=XXXXXXXXXXXXXXXXXXX
26 XXXXXXXXXXXXXXXXXXWX=====k commencing onApril .1. 1984
Leo Himmelsbach
DistrictAttomey
County of Santa Clara
San Jose, California 95110
6
7246 REV 6/83
- 1 -
.
PDF Page 20
1
IT IS NOW ORDERED that payments including all sums previously
2 ordered
as child support in this action, except any amounts
3 heretofore paid, be made payable to the Family Support Trustee,
4 County of Santa Clara, P.O. Box 1870, San Jose, CA
95115.
5
Further, that said respondent shall notify the District Attorney
6
of any change of address or employment within five days of such
7
change.
8
9
10
11
DATED:
JUL
3 1984
12
13
JUDGE OF THE SUPERIOR COURT
14
15
16
17
18
19
20
21
22
23
24
25
26
Leo Himmelsbach
District Attorney
County of Santa Clara
San Jose, California 95110
S
7246 REV 1 2/8 3
2
PDF Page 21
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
TELEPHONE NO.: ,
SERNA, ESQ.
. 18.45:ThelA1ameda •
- San Jose, CA 95126
ATTORNEY FOR (NAME): •
(408)
Pptitinnpr
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
191 N. First St.
San Jose, CA 95113
Tr..EED
'3 3i 11 %4
FOR Cat.I
1—
29.4 - 9002
Ara
Santa Clara
7:ODE
G. FRANKLIN
cting county Clerk
BRANCH NAME:
MARRIAGE OF
FERMINA LOPEZ
. PETITIONER:
EDWARD V. LOPEZ
RESPONDENT:
. I
INTERLOCUTORY JUDGMENT OF
DISSOLUTION OF MARRIAGE
1. This proceeding came on for
MI"default or uncontested
Default entered 2/9/84
•
(- 1Dept.:
a. Date.
A7,
•b. Judge (name):
I\ I
•
( 11 ( r 4.1
1
f- 1
contested
Ei
Div.:
hearing as follows
EJ Room:
h
4
iu ttl-tr 1r-Attorney prešent in court (name):
Respondent present in court
FT
Attorney present in court (name):
Claimant present in court
n
Attorney present in court (name):
2. The court acquired jurisctiction of the respondent on (date):
a. Lij Respondent was served with process.
b. (=
1
El
c. E.J Petitioner present in court
e. Ej
:
I
<
I 6.-1
CASE NUMBER:
526847
r\
• ,
I Af f
Code Section 4511
Temporary judge
a:.
9/22/83
Respondent appeared.
3. THE COURT ORDERS
a.
An interlocutory judgment be entered and the parties are entitled to have their marriage sdissolved.
b.
Atter six months from the date the court acquired jurisdiction of the respondent a final judgment of dissolution may be entered
upon proper application of either party or on the court's own motion, unless a dismissal signed by both parties is filed. The
final judgment shall include such other and further relief as may be necessary to a complete diOosition of this proceeding,
but entry of the final judgment shall not deprive this dourt of its jurisdiction over any matter exPressly reserved to it in this
or the final judgment until a final disposition is made of each such matter.
I.
c.
Jurisdiction is reserved to make such other and further orders as may be necessary to carry out the provisions of this judgment.
4..
THE COURT FURTHER ORDERS
a. (:::] Wife's former name be restored (specify):
b.ia) other:
See Attachment
Dated.
Judge ot the Superior Court
5. Total number of pages attached.
n
1
Signature follows'last attachment
THIS INTERLOCUTORY JUDGMLMÍ DOES NO r CONST I rUTE A FINAL DISSOLUTION OF MARRIAGE AND THE PARTIES ARE S I ILL ;
MARRIED. ONE OF THE PARTIES MUST SUEsmi I A NCO! /EST I-OH FINAL JUDGMENT ON THE FORM PRESCRIBED BY RULE 1288 I
NEITHER PARTY MAY REMARRY UN111.. A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
rdiv A
ALTHOUGH AN OBLIC,41.4.W EtA
IF THE PARTY TO wHOM I HE i nit
AH v
OF ACTION AGAINS I THE oTHf
_•- ---• • _
THAC
A•••:•,;(Thrt t.") .10 ONE PARTY AS PART OF THE DIOSION OF THE COMM! iNi
'.1
/(iivEL) DEFAULTS ON THE CONTRACT. THE CREDITOR mAY HAL E A
No altuchnlen,
• C::0 6
•
JUDGMENT
OF
PDF Page 22
INTERLOCUTORY OF JUDGMENT OF DISSOLUTION OF MARRIAGE
-
• Case No:
1.
LOPEZ v. LOPEZ
52684,7
Child Custody
Petitioner is awarded the care, custody and control
of the minor child, Joseph Lopez born October 24, 1974,
a male.
2.
Visitation
Visitation is reserved until such time that Respondent
comes in to Court to establish schedule.
3.
Child Support
That Respondent is ordered to pay $200.00 of child
support for Joseph Lopez, Petitioner's and Respondent's
son.
4.
Spousal•
Support
.The Court hereby reserves.jurisdiction over the issue
of spOusal support as to Petitioner and Respondent.
5.
'Maiden Name
. Petitioner will be returned her maiden name, Fermina
Perez.
•
6.
Attorney's Fees and Court Cost
.That Respondent pay $340.00 to Petitioner for attorney
fees and cost in this action.
7.
Community Property and Debts
There is no community property
arising from this marriage.
ity debts,
DATED:
DGE
SUPERIOR COURT
PDF Page 23
MARRIAGE OF (last name—first name of parties):
Lopez,
CASE NUMBER:
1
• Fermina, Edward
526847
DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION (FAMILY LAW)
Page two
9. SUPPORT If a support order or attorney fees are requested, submit a completed Judicial Council form 1285.50,
Income and Expense Declaration, unless a current form is on file. Include your best estimate oi the other party's
incorrie and expenses.
a. Spousal Support (check one)
(1) ,- *1 I knowingly give up forever any right to receive spousal support.
(2) X I ask the court to reserve jurisdiction to award spousal support in the future.
Spousal support should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution..
•
(3)pi
b.4X1 Child SupPort should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution ot
Marriage.
c.
•
10.
rxi
Attorney Fees should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution of
Marriage.
X CHILD CUSTODY should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution of
Marriage.
11. 1 2\
12.
•
El
CHILD VISITATION should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution
of Marriage.
Petitioner nResPondent is presently receiving public. assistance and all support should be made payable
to fspecify name and address): •
13. IX ) Wife requests restoration of her former name as set forth in. the propOsed Interlocutory Judgment of Dissolution
of Marriage.
Fermina Perez
14. leX Other
(See. attachment)
15. I ask that the court grant the request for an Interlocutory Judgment of Dissolution of Marriage based upon the
foregoing grounds and that the court grant the orders set forth in the proposed interlocutory judgment.
I declare under penalty of perjury under the laws of the State of California that the' foregoing is true and' correct
and that this declaration is executed on
San JOae
/2?/8.61 ..
.
Fermina Lopez
. . . . .
. . .
....
...........
(Type or print name)
Page two
PDF Page 24
•
1
2
3
4
5
6
)1
LEO HIMMELSBACH
DISTRICT ATTORNEY
Santa Clara County
BY:AL FABRIS
Deputy District Attorney
1560 Berger Drive
San Jose, CA 95112
1
JUL 061984'
County Ciee::
Santa Cl-^ra
Linty
BY
DEPUTY
Telephone: 299-7000
Attorney for Petitioner
DA#130208/T1N1/cft
7
8
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
9
10
FERMINA LOPEZ,
Petitioner,
11
• VS.
12
13
•••
EDWARD V. LOPEZ,
•
Resporident,
14
15
)
)
)
)
)
)
)
)
)
NO. 526847
DECLARATION IN SUPPORT OF
REQUEST TO MAKE PAYMENTS TO
FAMILY SUPPORT TRUSTEE,
SANTA CLARA COUNTY
The District Attorney is required to provide
same
The District
16
service to all custodians of minor children.
17
Attorney must promptly and effectively act to enforCe the support
18
obligati9n of absent parents upon receipt of Aid tol Families with
19
Dependent Children by such absent parents, or upon request for
20
services by the persons having physical custody of minor children.
21
(W&I Code Section 1147.51, 45 CFR 302.31 and 303.33).
22
In those cases where the District Attorney is required to
23
act, it is mandatory that payment be made to the public agency
24
designated as the agency to receive and disburse child and/or
25
spousal support payments.
26
///
Leo Himmelsbach
District Attorney
County of Santa Clara
San Jose, California 95110
Srev.4/8
PDF Page 25
To facilitate the plan for Federal and State reimbursement,
"The IV-D agency (District Attorney) will maintain records
necessary for the proper and efficient operation of the plan,
including records regarding:
(iii) amounts and sources of child
and/or spousal support collections and the diStribut on of these.
collections."
(45 CFR 302.15 (iii); W&I Code Section 11457;
Civil Code Section 4801.7 and Section 4702;.C.C.P. - Section 1682)
. The Family Suppott Trustee of Santa Clara County is.the.
public agency designated by the District Attorney and the*State
Department of Social Services to receive, account for and
distribute all support collections.
Payment of support to the
Family Support Trustee, Santa Clara County is neCessary for the
District Attorney to perform his mandated duties.
DATED.:-
-June 28, 1984
DEPUTY
' ,eo Himmelobach
District Attorney
County of Santa Clara
Jose, Celifornia 95110
- 2
J. AHONEY
TRICT ATTORNEY
PDF Page 26
•
•
FOR COURT USE ONLY
TELEP
OVTTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
(408) 29.4-99.02
SERNA, ESQ.
Alamed.a .
,
• Sall Jose, CA 9.5126.-1338
ATTORNEY FOR (Name):
Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
191. N. First St.
San Jose, CA 95113
R
SANTA CLARA
BRANCH NAME:
PETITIONER:
FERNI4NA, 1„,OPEZ
RESPONDENT:
EDWARD V. LOPEZ
FINAL JUDGMENT OF
36 PH '811
LEODE G. FRANKLIN
Acting Cc..g.r.W Clerk
CITY AND ZIP CODE:
MARRIAGE OF
16
EXTbISSOLUTION OF MARRIAGE
I I LEGAL SEPARATION
E] NULLITY
DISSOLUTION OF MARRIAGE—STATUS ONLY
CASE NUM3ER:
526847
1. The court acquired jurisdiction of the respondent on (date):
9/22/83
2. THE COURT ORDERS
a. (r1 A final judgment of dissolution be entered, and the parties are restored to the status of unmarried persons.
b. n
A judgment of legal separation be entered.
c. r--1 A judgment of nullity be entered on the ground of (specify):
and the parties are declared to be unmarried persons.
3.
El-THE
COURT FURTHER ORDERS
a. Ei This judgment be entered nunc pro tunc as of (date):
b. I ,xj Wife's formbr name be restored (specify): Fermina Pere z
c. n
Other (specify):
•
rl/
Dated:
tR
31984'
Judge of the Superior CoLirt
ri
Signature follows last attachment.
4. Total number of pages attached:
NOTICE
1. PLEASE REVIEW YOUR WILL. UNLESS A PROVISION IS MADE IN THE PROPERTY SETTLEMENT AGREEMENT, THIS COURT PROCEEDING DOES NOT AFFECT YOUR WILL AND THE ABILITY OF YOUR FORMER
SPOUSE TO TAKE UNDER IT.
2. ALTHOUGH AN OBLIGATION BASED ON A CONTRACT IS ASSIGNED TO ONE PARTY AS PART OF THE
DIVISION OF THE COMMUNITY, IF THE PARTY TO WHOM THE OBLIGATION WAS ASSIGNED DEFAULTS
ON THE CONTRACT, THE CREDITOR MAY HAVE A CAUSE OF ACTION AGAINST THE OTHER PARTY.
3. IF YOU FAIL TO PAY ANY COURT ORDERED CHILD SUPPORT, AN ASSIGNMENT OF YOUR WAGES WILL
BE OBTAINED WITHOUT FURTHER NOTICE TO YOU.
No attachment permitted on less than a full page. Cal. Rules of Court, rule 201(b).
Form Adopted by Rule 1289
Judicial Council of California
Revised Effective January 1, 1982
FINAL JUDGMENT
(FAMILY LAW)
CC 4514, 4515
.....
PDF Page 27
•
•
,c+7ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS).
aE.5.5,1E: 5ERNA, ESQ. •
.184a Tbe..Alauteda
Saw Jose, CA 9.5126
ATTORNEY FOR (NAME):
MAILIfiG ADDRESS:
Petkdoner
CITY AND ZIP CODE:
1p k N. First. St.
San Josei CA 95113
FILED
ArN 16 4 36 PH 1114
SANTA. CLARA
LEODE G. FRANKLIN
Acting County Clerk
•
BRANCH NAME:
MARRIAGE OF
PETITIONER:
FETZMINA LOPEZ
RESPONDENT:
EDWARD V. LOPEZ
FOR COURT USE ONLY
(408) 29.49.002
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
TÈLEPHONE NO.:
REQUEST AND DECLARATION FOR FINAL
JUDGMENT OF DISSOLUTION OF MARRIAGE
1. The court acquired jurisdiction of the respondent on (date):
CASE NUMBER:
`-526847
19!/;Z2V83
2. An Interlocutory Judgment of Dissolution of Marriage was entered on (date):
3. Since entry of the Interlocutory Judgment the parties have not become reconciled and have not agreed to dismiss
this proceeding. No motion or other proceeding to set aside or annul, and no appeal from that part of the interlocutory
judgment granting dissolution of the marriage, is pending and undetermined, and that part of the judgment has
become final.
4. l request that final judgment of dissolution of marriage be entered.
a. 1= Endorsed copies of a Joint Petition for Summary Dissolution and a Notit_9„of Revocation are attached and
l request entry of final judgment pursuant to Civil Code section 4514(b).
b.
l request judgment be entered effective (nunc pro tunc)
(1)As of (date);
(2)For the following reason:
I .1X LOCF
1.0r F-.101J
t;c6E47 LZai
w.j" 1
A 04/ 1//b4
5.
[xi
Other request (specify):
• 6. l declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed
3/26/84
at (place): . E.an Jose
, California.
on (date).
. . . Fermina. Lopez
(Type or priht name)
,i11/11201t,
(Signature of de
arae
Jessie Serna
(Type or print name)
Form Adopted hy Rule 1288
Judicial Council of California
Revised Effective January 1, 1980
(Signature of attorney"for declarant)
REQUEST AND DECLARATION FOR FINAL
JUDGMENT OF DISSOLUTION OF MARRIAGE
(FAMILY LAW)
CC 4514, 4515
PDF Page 28
01 /4T
•
' ;NS ' OR PARTY W; TelOUT ATTORNEY (NAr.1E ANL A()
jlr.STE SERNA, 12SQ.
13;5 The A1,tlined;:,,
San Jose, CA 95177Fi
Petitioner
ATTORNEY FOR (NAME):
CiF CALIFORNiA, COUNTY OF
.,s•:•:.E.ET ADDRESS:
mAkz _NG AUDRESS:
r,16 Y ANC ZIP CODE:
191 N. First •St.
San Jose, CA 95113
,3NE: •%,-)
94-9002
cO) COURT USE ONLY
IL
SAtiTA CLARA.
APR 3 01984
BRANCH NAME:
County Clerk
MARRIAGE OF
PETITIONER:
FERMINA LOPEZ
RESPONDENT:
EDWARD V. LOPEZ
Santa C4ura Cou nty
BY
DEPUTY
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT
526847
You are notified that the following judgment was entered on (date):
1.r---1
ED
APR 1 6 1984
Interlocutory Judgment of Dissolution of Marriage
THE INTERLOCUTORY JUDGMENT TO WHICH THIS NOTICE REFERS DOES NOT CONSTITUTE A
FINAL DISSOLUTION OF MARRIAGE AND THE PARTIES ARE STILL MARRIED. ONE OF THE PARTIES
MUST SUBMIT A REQUEST FOR A FINAL JUDGMENT ON THE FORM PRESCRIBED BY RULE 1288.
NEITHER PARTY MAY. REMARRY UNTIL A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
2. (1C) Final Judgment of Dissolution of Marriage
Final Judgment of Legal Separation
3,
4. Ei Fihal Judgment of Nullity
APR 3 0 1984
Dated:
LEODE G. FRANKLIN
Acting County Clerk • • •• Clerk, By
) (*) /CYVV4461-1
, Deputy
CLERK'S CERTIFICATE OF MAILING
I certify that I am not a party to this cause and that a copy of the foregoing was mailed first class, postage prepaid,
in a sealed envelope addressed as shown below, and that the mailing of the foregoing and execution of this certificate
California,
occurred at (place).
'Jose'
APR 3 0 1984
on (date):
G7-
LEODE G. FRANKLIN
Acting County Clerk
JESSIE SERNA
C/O Fermina Lopez
1845 The Alameda
San Jose, CA 95126-1778
Yv
Clerk, By
G7
, Deputy
JESSIE SERNA
C/O By Publication .
1845 The Alameda
San Jose, CA 95126-1778
—1
_J
Form Adopted by Rute 1290
Judicial Council of California
NOTICE OF ENTRY OF JUDGMENT
v Amp
PDF Page 29
•, -,,,•;79RNEY OR PARTY WITHOU1 ;ITTOFINE
fNAME
SERNA, ESQ.
1245 The Alameda
San Jose, CA 95126-1778
Petitioner
A TTORNEY ;:OR (NAME):
JESSIE
MAILING ADDRESS:
CITY AND ZIP CODE:
^
(PHONE i1O
(.4'4E"; 294-9002
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
y• ^
191 N. First.St.
San jose, CA 95113
COURT OSE
(!ENDORSED)
FIL E
SANTA CLARA
BRANCH NAME:
County
FERMINA LOPEZ
PETITIONER:
RESPONDENT:
Santa
By
Clerk
Clara Count
I
y
EDWARD V. LOPEZ
DEPUTY
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT
526847
You are notified that the following judgment was entered on (date):
1.
APR 30 1984
1
MARRIAGE OF
APR
6 1984
Interlocutory Judgment of Dissolution of Marriage
THE INTERLOCUTORY JUDGMENT TO WHICH THIS NOTICE REFERS DOES NOT 'CONSTITUTE A
FINAL DISSOLUTION OF MARRIAGE, AND THE PARTIES ARE STILL MARRIED. ONE OF THE PARTIES
MUST SUBMIT A REQUEST FOR A FINAL JUDGMENT ON THE FORM PRESCRIBED:BY RULE 1288.
NEITHER PARTY MAY. REMARRY UNTIL A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
2. DE Final Judgment of Dissolution of Marriage
Final Judgment of Legal Separation
Final Judgment of Nullity
3. ri
4. ri
APR
3 0 1984
Dated:
LEODE G. FRANKLIN
Acting Counti ele.rk
Clerk, By
, Deputy
CLERK'S CERTIFICATE OF MAILING
I certify that I am not a party to this cause and that a copy of the foregoing was mailed first class, postage prepaid,
in a sealed envelope addressed as shown below, and that the mailing of the foregoing and execution of this certificate
, California,
occurred at (place):
San.j6se.
APR 3 0 1984
on (date):
LEODE G. FRANKLIN
Acting County Clerk
, Deputy
17.
JESSIE SERNA
C/O Fermina Lopez
1845 The Alameda
San Jose, CA 95126-1778
Form Adopted by Rule 1290
Judicial Council of Californla
Y(vvv•
Clerk, By
JESSIE SERNA
C/O By Publication .
1845 The Alameda
San Jose, CA 95,126-1778
NOTICE OF ENTRY OF JUDGMENT
tx may
_J
PDF Page 30
•
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•
.
•
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
TELEPHONE NO.: ,
4S4.13,Nik.• ESQ.
. 1845: 'The*. 'Alameda •
San. Jose, • CA 9.5126
ATTORNEY FOR (NAME): •
.1408) 29.479902
•
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Santa Clara
-
STREET ADDRESS:
1.91 N. Fir'st St.
San Jose, CA 95113
MAILING ADDRESS:
CITY AND ZIP CODE:
FOR crrEELD
kit 16 3
PM 14
EODE G, FRANKLIN
Acting County Clerk
BRANCH NAME:
MARRIAGE OF
FERMINA LOPEZ
. PETITIONER:
EDWARD. V. LOPEZ
RESPONDENT:
INTERLOCUTORY JUDGMENT OF
DISSOLUTION OF MARRIAGE
1. This proceeding came on for
DE•tfefault or uncontested
, Default entered '2/9/84
op 7
a. Date:
b. Judge (name):
c. fJ
„nr
_Dept.: 1
Mary
Niartf__S
CASE NUMBER:
526847
r7
contested
hearing as follows
El
Div.:
E3 Room:
r4RTemporary
- -
Respondent present in court
E7 Attorney present in court (name):
e. fJ
Claimant present in court
fJ
Attorney present in court (name):
2. The court acquired jurisctiction of the respondent on (date):
b. fJ
judge
E7 Attorney present in court (name):
Petitioner present in court
d. fJ
a. al
Affidavit -Pena-1Code Sectiop 4511
,
9/22/ 83
Respondent was served with process.
Respondent appeared.
3. THE COURT ORDERS
4.
a.
An interlocutory judgment be entered and the parties are entitled to have their marriage dissolved.
b.
After six months from the date the court acquired jurisdiction of the respondent a final judgment of dissolution may be entered
upon proper application of either party or on the court's own motion, unless a dismissal signed by both parties is filed. The
final judgment shall include such other and further relief as may be necessary to a complete disposition of this proceeding,
but entry of the final judgment shall not deprive this court of its jurisdiction over any matter expressly reserved to it in this
or the final judgment until a final disposition is made of each such. matter.
c.
Jurisdiction is reserved to make such other and further orders as may be necessary to carry out the provisions of this judgment.
Pn
a. fJ
b. in
THE COURT FURTHER ORDERS
Wife's former name be restored (specify):
Other:
See, kttathrripnt
Dated*
Judge of the Superior Court
5. Total number of pages attached:
l Signature follows last attachment
1
1
CONSTITUTE A FINAL DISSOLUTION OF MARRIAGE AND THE PARTIES ARE STILL
THIS INTERLOCUTORY JUDGMENT DOES
MARRIED. ONE OF THE PARTIES MUST SUBMIT A REQUEST FOR FINAL JUDGMENT ON THE FORM PRESCRIBED BY RULE 1288 I
NEITHER PARTY MAY REMARRY UNTIL A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
No-r
ALTHOUGH AN OBLIGATION BASH) ON A CONTRACT IS ASSIGNEE) TO ONE PARTY AS PART OF THE DIVISION OF THE COMMUNI e
IF THE PARTY TO WHOM 71-1E i.")BLIGA HON WAS ASSIGNEE) DEFAULTS ON THE CONTRACT, THE CREDITOR MAY HA vE A C.4(
OF ACTION AGAINST THE OTHER &ARTY.
. .
.
. .
Nu attathmeni porniittec, )11Itts.;,
011r, 6
`:c 6.
n4
1INU4kL..,.)cf.W'JUDGMENTOF
r ;44ARRIAGE
PDF Page 31
•
4"
•
INTERLOCUTORY OF JUDGMENT OF DISSOLUTION OF MARRIAGE
LOPEZ v. LOPEZ
Case No:
1.
526847
Child Custody
Petitioner is awarded the care, custody and control
of the minor child, Joseph Lopez born October 24, 1974,
a male. Ï.
2.
Visitation
Visitation is reserved until such time that Respondent
comes in to Court to establish schedule.
3.
Child Support
That Respondent is ordered to pay $200.00 of child
support for Joseph Lopez,.Petitioner's and Respondent's
son.
4.
Spousal Support
The Court hereby reserves jurisdiction over the issue
of . spousal support as to Petitioner and Respondent.
5.
Maiden Name
Petitioner will be returhed her maiden name, Fermina
Perez.
6.
Attorney.'.s Fees arid Court Cost
That Respondent pay. $340.00 to Petitioner for attorney
fees and.cost in this action.
7.
Community Property and Debts
There is no community property
arising from this marriage.
ty debts,
DATED:
DGE jr
SUPERIOR COURT
PDF Page 32
TBLEPHONE:
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
JESSIE SERNA, ESQ.
1845 The Alameda
San Jose, CA 95126-1778
ATTORNEY FOR (NAME):
Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
191 N. First
San Jose, CA
(408) 294-9002
FOR COURT USE ONLY
E
°
16 :3
37.
PH '114
SANTA CLARA
St.
_LEODE G. FRANKLIN
Acting Count)/ Clerk
95113
BRANCH NAME:
MARRIAGE OF
PETITIONER:
FERMINA LOPEZ
RESPONDENT:
EDWARD V. LOPEZ
DECLARATION FOR DEFAULT
OR UNCONTESTED DISSOLUTION
CASE NUMBER:
526847
1. l declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration.
2. I stipulate that proof will be by this declaration and that I will not appear before the court unless I am ordered
by the court to do so.
3. Either the petitioner or the respondent has been a resident of this county for at least three months and of the
tate of California for at least six months continuously and immediately preceding the date of the filing of the Petition
for Dissolution of Marriage in this action.
4. All the information in the [X] petition ri
response is true and correct.
5. The default of the respondent was entered in these proceedings OR the parties have stipulated that•the matter
may proceed as an uncontested matter without notice.
6. There are irreconcilable differences that have led to the irremediable breakdown of the marriage and there is no
possibility of saving the marriage through counseling or other means. '
7. This declaration may be reviewed by a commissioner sitting as a temporary judge and that judge may determine
whether to grant this request or require my appearance under section 4511 of the Civil Code.
8. PROPERTY AGREEMENT—Check a. or b.
a. = The parties have entered into an agreement regarding their property and marital rigt--ts, the original or a
true copy of which is or has been submitted, and the cOurt is requested to approve the agreement.
OR
There is NO AGREEMENT, and the following statements are true: (check at least one)
(1)
There are no community or quasi-community assets to be disposed of by the court.
(2)F - 1 There are no community debts to be disposed of by the court.
(3) X The division of community and quasi-community assets and debts is set forth in the proposed Interlocutory Judgment of Dissolution of Marriage. It constitutes a fair and equal division.of the property
and debts.
b. [n
(Continued)
Form,Approved by Rule 1286.5
Judicial Council of California
Effective January 1, 1982
DECLARATION FOR DEFAULT
OR UNCONTESTED DISSOLUTION
(FAMILY LAW)
Civil Code section 4511
CRC Rule 1241
Post Record Catalog # 1288.5
PDF Page 33
MARRIAGE 0-7 (last name—first name of parties):
Lopez,
CASE NUMBER:
Fermina, Edward
526847
DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTIO (FAMILY LAW)
9.
Page two
SUPPORT If a support order or attorney fees are requested, submit a completed Judtial Council form 1285.50,
Income ano Expense Declaration, unless a current form is on file. Include your best estimate of the other party's
incorne and expenses.
a. Spousal Support (check one)
(1)
I knowingly give up forever any right to receive 3pousal support.
(2") IX—I I ask the court to reserve jurisdiction to award spousal support in the future.
(E) = Spousal support should be ordered as set forth in the proposed Interlocutory Judgment of Dissolution.
b.471 Child Support should be ordered as set forth in the proposed Interlocutory „udgment of Dissolution of
Marriage.
c. =I Attorney Fees should be orderEd as set forth in the proposed Interlocutory Judgment of Dissolution of
Marriage.
4
CHILD CUSTODY should be ordered as set forth in the proposed Interlocutory ..udgment of Dissolution of
Marriage.
11. 4
CHILD VISITATION should be ordered as set forth n the proposed Interlocutor/ Judgment of Dissolution
of Marriage.
12. n
Petitioner r---1 Respondent is presently receiving public assistance and all support should be made payable
to (specify name and address):
13. [In
Wife requests restoration of her former name as set forth in the proposed Interlocutcry Judgment of Dissolution
cf Marriage.
Fermina Perez
10. [
14.
(X2) Other:
(See attachment)
15. I ask that the court grant the request for an Interlocutory Judgrnert of Dissolution of Marriage based upon the
foregoing grounds and that the court grant the orders set forth in the proposed interlocutory judgment.
I declare under penalty of perjury under the laws of the S:ate of California that the forEgoing is true and correct
and that his declaration is executed on
San Jose
(date): .
312218 4.......
‘.1
.Fermina Lopez
(Type or print name)
(Signatt. re)
Page two
PDF Page 34
*: ATTSAEY 9R PARTY WITHOUT ATTORNEY (NAM0 AND ADDRESS):
TELEPHONE NO
OR COURT
.
'117ESSIE.-SERNA,. ESQ.
• (408). 294-9002
• 1845: *The: Alameda .
• San Josef'. CA 9.5126
ATTORNEY FOR (NAME): '
Petitioner
SUPERIOR COURTOFCALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS:
191 N. First St.
MAILING ADDRESS:
San Jose, CA 55113
•
CITY AND ZIP CODE;
APR 2/1 1984
BRANCH NAME:
MARRIAGE OF
PETITIONER:
elcrk
FERMINA LOPEZ
RESPONDENT:
r(va Coun Y
EDWARD V. LOPEZ
t
NOTICE OF ENTRY OF JUDGMENT
CASE NUMBER:
.
4.--
You are notified that the following Judgment was entered on (da(e):
526847
Afi 1 .6 1984
1 yfr:i Interlocutory Judgment of Dissolution of Marriage
THE INTERLOCUTORY JUDGMENT TO WHICH THIS NOTICE REFERS DOES NOT CONSTITUTE A
FINAL DISSOLUTION OF MARRIAGE AND THE PARTIES ARE STILL MARRIED. ONE OF THE PARTIES
MUST SUBMIT A 'REQUEST FOR A FINAL JUDGMENT ON THE FORM PRESCRIBED BY RULE 1288.
NEITHER PARTY MAY REMARRY UNTIL A FINAL JUDGMENT OF DISSOLUTION IS ENTERED.
2. fJ Final Judgment of Dissolution of Marriage
3. E] Final Judgment of Legal Separation
4. ri Final Judgment of Nullity
Dated: .APR
2 4 .19ŠA .
L EO
• Ac t
r i4 /V,Tl.::: Clerk, By
n
Ce
'i•-ch-Ns-c>---- \11•
)
, Deputy
CLERK'S .CERTIFICATE OF MAILING
I certify that I am not a party to this cause and that a copy of the foregoing was mailed first class, postage prepaid,
in a sealed envelope addressed as shown below, and that the mailing of the foregoing and execution of this certificate
occurred at (place).
California,
San 'Jose,
"" (date) APR 2 4 1884
LEUDE G. FRANKag
Acting County Clerk
-1
Jessie Serna
C/O Fermina Lopez
1845 The Alameda
San Jose, CA 95126-1778
Clerk, By
G7
Jessie Serna
C/O By Publication..
1845 The Alameda
San Jose, CA 95126-1778
1
PDF Page 35
Lr th:_
L oLc
-
Q..
;
1:4.AND FOarzi.E CO.U.\-71:"
•
LED'.
•
-
4 39 FA IC.
FRANKLIN
LEODE
Acting
AfitY
Clerk
Pursuant to the agreement of the parties litigant contained in
the Stipulation and Proof by Affidavit, filed herein, and good cause
appearincj therefor, the Court now makes its Order that
_bacm-te3
be and he is hereby appointed Judge Pro Tempore of the Superior Court
to review the above-entitled Cayse Iprsuant to Civil Code Section 4511.
DATED:_
_APR
3 1984
Judge of the Superior Court
STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA
1,
JVUZU
Les 4d464-v--
, do solemnly swear (or a
support and defend the Constitution of the United States and the
California against all enemies, foreign and domestic; that I
to the Constitution of the United States and the Constitut
I take this obligation freely, without any mental resery
I will well and faithfully discharge the duties u
Su.b.z.gried and sworn to before me. this
I
!..3. FRANK!!f';
'•'. PAI-Oz.ER
/
TSO, Deputy Clerk
day of
nstitut
-
rm) that I will
cf the State of
faith and allegiance
e of California: that
that
•
•
PDF Page 36
a
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
(408) 294-9002
JESSIE SERNA
1845 The Alameda
San Jose, CA 95126
ATI-ORNEY FOR (NAME): petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
TELEPHONE NO.:
191 N. First St.
San Jose, CA 95113
SANTA CLARA
FOR COURM/
Jo 31
t:LED
3 3S Plf.
'811
LEODE G.
Acting
FRANicL/N
County
CleriOy
BRANCH NAME:
MARRIAGE OF
PETITIONER:
FERMINA LOPEZ.
RESPONDENT:
EDWARD V. LOPEZ
CASE NUMBER:
SUMMONS (FAMILY LAW)
526847
NOTICE!
You have been sued. The court may decide against ydu without
your being heard unless you respond within 30 days.-.Read the
Information below.
jAVISO!
Usted ha sido demandado. El tribunal puede decidir contra
Ud. sin audiencia a menos que Ud. responda dentro de 30 dfas.
Lea la información que sigue.
If you wish to seek the advice of an attorney in this matter,
you should do so promptly so that your response or pleading,
if any, may be filed on time.
Si Usted desea solicitor el cons* de un abogado en este
asunto, deberfa hacerlo inmediatamente, de esta manera, su
respuesta o alegación, si hay aiguna, puide ser registrada a
tiempo.
1. TO THE RESPONDENT EdWard V. Lope z
The petitioner has filed a petition concerning youor marriage. If you fail to file a response within 30 days Of the
date that this summons is served on you, your default may be entered and the court may enter a judgment containing
injunctive or other orders concerning division of property, spousal support, child custody, child support, attorney
fees, costs, and such other relief as may be granted by the court. The garnishment of wages, taking of money
or property, or other court authorized proceedings may also result.
Dated:
JUN. i 7 MB.
.30vis KAZOB944444
Clerk, By
, Deputy
2.° NOTICE TO THE PERSON SERVED. You are served
As an individual
a. El
b. ED On behalf of Respondent
Under:
= CCP 416.60 (Minor)
• = CCP 416.70 (Ward or Conservatee)
I= CCP 416.90 (Individual)
• = Other (specify):
c. LJ By personal delivery on (Date):
(See reverse for Proof of Service)
The response (printed form rule 1282) and other permitted papers must be in the form prescribed by the California Rules of Court. They must be
filed in this court with the proper filing fee and proof of service of a. copy of each on petitioner. The time when the 30 days to respond begins may
vary depending on the method of service. For example, see CCP 413.10-415.50.
Form Adopted by Rule 1283
Judicial Council of California
Revised Effective January 1, 1980
SUMMONS
(FAMILY LAW)
CC 4503
CCP 412.20
CRC 1216
PDF Page 37
PROOF OF SERVICE
r
(Use
separate
proof
of service for each person served)
.
1. I served the Summons (Family Law) and Petition (Family Law) on respondent (name):
a. with (1) [TA-blank Confidertial Counseling Statement
(5)
completed and blank Property Declarations
Order to Show Cause and Application
(6) = Other (specify):
(3) [7 -blank Responsive'Declaration
(4)1--i Icornpleted and blank Income and
Expense, Declarations
b. ry-By leaving copies with (name and title or relationship to person served):
Respondent
c.1(X Bideli;./ery a. t .1- 1titbrrie Fipusiness
Edward v. Lopez
r •
(1) pate:of:
(3) Address:
•
'
Service,
by Publication
.•
(2)Time:of
•-t• .• t.
• .•
d.
• B y mailihg
(1) Date of:
•
(2) Place of:
•
ðr'
.
•
2. Manner of seivice (Ch'eck p
▪ roper boX)
a. EJ Personal service. By personally delivering copies to the person served. (COP 415.10)
b. O
Substituted service on natural person, minor, incompetent. By leaving copies at the dwelling house, usual
place of abode, or usual place of business of the person served in the presence of a competent member
of_the household or acper.son, apparently in charge of the office or place of business, at least 18 years of
age; who-was'informed of the general natqrp,qf the papers, and thereafter mailing (by first-class mail, postage
prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b)) (Attach separate
declaration or affidavit stating acts relied on to.establish reasonable diligence in first attempting personal
service.)
c.
Mall and acknowledgment service. By mailing (by first-class mail or airmail) copies to the person served,
together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid,
addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.)
d. EJ Certified or registered mall service. By mailing to address outside California (by registered or certified airmail
with return receipt requested) copies to the person servec. (CCP 415.40) (Attach signed return receipt or
'
other evidence ce actual delivery to the person served.)
e. till • Other (Specify ccde section):
I tby PuMic'ationS
FY( Additional page is attached. _ "Sqrvice
_
-
(2)
n
ni
3. The notice to the person served (Item 2 on the copy of the summons served) was completed as follows (CCP
412.30, 415.10, and 474):
a. 71 As an individual
'
b. El• On behalf of Respondent
Under: ri CCP 416.60 (Minor) O Other (specify):
416.70 (Ward or Conservatee)
O CCP 416.90 (Individual)
c. CD By personal delivery on (Date)4. At the time of service I was at least 1Syears of age and not a party to this action.
5. Fee for service: $
6. Person serving
a. MI Not a registered California process server.
e. El California sheriff, marshal, or constable.
f. Name, address and telephone number and
b. O Registered California proess server.
if applicable, county of registration and number:
c. O Employee or independent contractor of a
registered California process server.
Sk.11y Rodriguez (408) '294-9002
d. O Exempt frorn registration under Bus. & Prof.
1815 ,The Alarlieda
Code 22350(b)
San'Jose, CA 95126
I declare under penalty of perjury that the foregoing (For California sheriff, marshal or constable use only)
I certify that the foregoing is true and correct and that
is true and correct and that this declaration is executed
this certificate is executed on (date):
on (date): . . Se.p:temb'er..31;., .1983
, California.
, California. "at (place)*
at (place): . . San. Joše
11,,‘
• .1
EJ ccp
'ft
dd
(Signature)
MmM
Sally RodriI
II/
..,
PDF Page 38
Proof of Publication
Space Below for Use of County Clerk Only
(2015.5 C.C.P.)
(ENDORSED)
SAN JOSE POST-RECORD
76 West St. John Street
San Jose, California
Phone: 287-4866
[L,
SEP 2 3 1983
JOKI EGZIJEOWSKis
SUPERIOR COURT OF THE STATE OF CALIFORNIA
•
• SUMMONS
(FAMILY LAW)
FOR THE COUNTY OF SANTA CLARA
No.
No. 526847
:Superior Court of California.
County of Santa Clara, 191 N. First
St., San Jose, CA 95113.
MARRIAGE OF
Petitioner: FERMINA LOPEZ
Respondent: EDWARD V.
LOPEZ
NoncE! You have'been sued.-The
ccurt may decide against you
without your being heard unless
you respond within 30 dors. Read
the information.below.
;AVISO! Usted ha side; demandado.
El tribunal puede decidir contra Ud.
526847
FERMINA LOPEZ
•
AND
EDWARD V. LOPEZ
- sin audiencia a menos que Ud.
ponda dentro de 30 dias. Lea la —
State of California
County of Santa Clara, ss
I, the undersigned, state that I am, and at all times
herein mentioned, was a citizen of the United States of
America, over the age of eighteen years and not a
party to or interested in the above entitled matter;
that I am the principal clerk of the printer and publisher ol the SAN JOSE POST-RECORD, a newspaper
• of general circulation, printed and published daily except Saturdays, Sundays and legal holidays, in the
City of San Jose, County of Santa Clara, which newspaper has been adjudged a newspaper of general
drculation by Superior Court of the County of Santa
Clara, State of California, •under date of February 3,
1922, Case Number 27844; and that the notice of
which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper end not in any supplement thereof, on the following dates to-wit:
September 1, 8, 15 & 22
I declare under penalty of perjury that the foregoing is true and correct.
Executed on
S.ep-tember
at San Jose, California.
22, 1983
información que sigue..
If you wish to seek the advice' of an• attorney •in this matter; you should do so amomptly so that your
response or pleading, if any, may
be filed on time. .
Si Usted desei solicitarel consejo .
de un abogado en este asunto,
hacerlo inmediatarnente,.de- •
• 'esta manera, su respuesta o alega•
Won, • si hay - aiguna, , puede. s.er
registrada .ft tienipo.
• ''
1. TO THE RESPONDENT ED ,
.
--WARDV. LOPEZ .
'
The petitioner has filed a petition
-conceming your,marriage. .If you
• a`,-resporise :Within 30- -of:the date iat this summOns
,.-,;4s served'on you; your,default may
.be 7,-entered and.,-the_court- may
• - enter.; a - judgment:containing injunctive ,or other ',orders Concerning
. division 5.;,' of 4woperty,-:-, spousal
child
custody,
child
support,
support, 'attorney' fees,- costs, and
such other relief as may • be
granted by the• court: The garnishment of -.wages; taking of
mcney or property, or other 6urt
authorized ;proceed:ants may also
• _,
•
result.
-•
Dated: June 17, '1983.
JOHN KAZUBOWSKI,
Clerk
(Seal)
By H. LARA,
• Deputy
JESSIE SERN.A
1845 The Alameda
San Jose, CA 95126: Attorney for Petitioner
(Sept. 1 - 8 - 15 - 22)
•
-r
S. Bray
Clerk
DY
PDF Page 39
,
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): '
TELEPHONE NO.:
(408) 294 ,-9002,
JESSIE SERNA, ESQ.
1845 The Alameda
San Jose, CA 95126-1778
ATTORNEY F014 (NAME):
Petiti oner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS:
.
191 N. First.' St.
MAILING ADDRESS:
San Jose, CA 951261778
[F
1N D
County Clerk
Santa Clara County
BRANCH NAME:
13Y
MARRIAGE OF
RESPONDENT:
0
MAR 15 1984
CITY AND ZIP CODE:
PETITIONER:
FOR COURT USE ONLY
FERMINA
—
upuTY
LOPE Z
EDWARD V. LOPEZ
,
REQUEST TO ENTER DEFAULT
CASE NUMBER:
526847
1. TO THE CLERK: Please enter the default of the respondent who has failed to respond to the petition.
2. A completed PKI Income and Expense Declaration (Xi Property Declaration is attached.
3. A completed n Income and Expense Declaration nProperty Declaration is not attached because (check at
least one of the following)
There have been no changes since the previous filing.
(1)n
(2)= The issues subject to disposition by the court in this proceeding are the subject of a written agreement.
(3)
El There are no issues of child custody, child or spousal support, division of community property or attorney
fees and costs subject to determination by this court... '
•.
(4)E1 The petition does not request money, property, costs or attorriey fees:
Dated:
2/23/84
Jessie Serna
Signature of (Attorney for) Petitioner
(Type or print name)
3. DECLARATION
a. r3n No mailing is required because.service was by publication and the address of respondent remains unknown.'
b. r7 A copy of this Request to Enter Default including any attachments was mailed to the respondent's attorney
of record or, if none, to respondent's last known address as follows
(2) Addressed as follows:
(1) Date of mailing:
•
c. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and
San Jose
(place):
that this declaration is executed on (date): ... 2 . .
.
. . . . Lopez
...... Fermina
(Signa ure of declara
(Type or print name)
LEODE G, FRANKLIN
Acting County-Clerk
FOR COURT USE ONLY
Default entered as reques d on (date
Default NOT entered. Reason:
9t
4(
UONARD P. Er WA RDSClerk. by:
JUDGE
(See reverse for Memorandum of Costs and Declaration
Form Adopted by Rule 1286
Judicial Council of California
Revised Effective January 1, 1980
of Nonmilitary Status)
REQUEST TO ENTER DEFAULT
(FAMILY LAW)
CCP 585.587
Post Record Catalog #1286
PDF Page 40
4. MEMORANDUM OF COSTS
a. ED Costs and disbursements are waived.
b. Costs and disbursements are listed as follows
(1)n
Clerk's fees
(2)
Process server's fees
(3)
71 Other (specify). Court .cost
Publication of • Divorce
65.00
Attorney's Fees
400.00
$
TOTAL
577.00
I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief the foregoing
items of cost are correct and have been necessarily incurred in this cause or proceeding.
I declare under penalty of perjury under the laws of the State of California lhat the foregoing is true and correct
2.3/E14.
. .
at (place): . a.fl. Jo.sP .......
and that this declaration is executed on (date):.
Fermina Lopez
(Type or print name)
(Sgnature of declarant)
5. DECLARATION OF NONMILITARY STATUS
Respondent is not in the military service or in the military service of the Uni'.ec States as defined in Section 101
of the Soldiers' and Sailors' Relief Act of 1940, as amended, and not entitled to the Denefits of such act.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
San Jose
. 23
. ./84
and that this declaration is executed on (date):. .2/
. . . . .at (place):
Fermina Lopez
(Type or print name)
(Signature of declarant)
PDF Page 41
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
'
(408) 294-9002
JESSIE SERNA, ESQ.
. 1845 The Alameda
San Jose, CA 95126
ATTORNEY FOR. (NAME):
P et it ione r
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
191 N. First St.
Sah Jose, CA 95113
SANTA
TELEPHONE NO.:
.!-• • ' 1r 11 ..
3:1
aLARA
LEODE G. FRANKLIN .
Acting County Cler1
(5
BRANCH NAME:
PERMINA LOPEZ
RESPONDENT:
EDWARD
n
Li
FEB 23 3 10 ili '81
'
11/41RMAGEOF
PETITIONER:
FOR COURT USE ONLY
I
V. LOPEZ
-
REQUEST TO ENTER DEFAULT
CASE NUMBEF:
-526847
1. TO THE CLERK: Please enter the default of the respondent who has failed to respond to the petition.
2. A completed itincome and Expense Declaration PC1Property Declaration is attached.
3. A completed ri Income and Expense Declaration FlProperty Declaration is not attached because (check at
least one of the following)
(1)
F-1 There have been no changes since the previous filing.
(2)
1-7 The issues subject to disposition by the court in this proceeding are the subject of a written agreement.
(3)
(-1 There are no issues of child custody, child or spousal support, division of community property or attorney
fees and costs subject to determination by this court.
ni The petition does not request money, property, costs or attorney fees.
(4)
Dated:
Jessie Serna
(Type or print name)
ature of (Attornibl; for) P-eyi.on-er
3. DECLARATION
a. FT. No mailing is required because service was by publication and the address of respondent remains unknown.
b. El A copy of this Request to Enter Default including any attachments was mailed to the respondent's attorney
of record or, if none, to respondent's last known address as follows
(2) Addressed as follows:
(1) Date of mailing:
c. I declare under penalty of perjury that the foregoin o is true and correct and that this declaration is executed
San J ose
, California.
on (date)•
at (place):
Fermina Lopez
(Signature of declarant)
(Type or print name)
FOR COURT USE ONLY
Default entered as requested on (date):
Clerk, by:
OT ntered. Reason: /:(
(See reverse for Memorandum of Costs and Declaration of Nonmilitary Status)
Form Adopted by Rule 1286
Judicial Council of California
Revised Effective January 1, 1980
REQUEST TO ENTER DEFAULT
(FAMILY LAW)
CCP 585,587
PDF Page 42
4. MEMORANDUM OF COSTS
a. n Costs and cis bursements are waived.
b. Costs and dist Lrserner ts are listed as follows
(1) 71 Clerk's fees
(2)n
$
Process se-ver's •'ees
(3)f—R Other (specify) . • Court cost
Publication of Divorce
$
112-00.
65.00
Attorney's Fees
400.00
$
TOTAL
577.00
I am the attorney, agent, or part,- who claims these costs. To tie Dest of rr kncwlecge and belief the foregoing
items of cost are correct ard nave been necessarily incurred in this cause o- proceedi-g.
I declare under penalty of per, L -y that the foregoing is true and correct and thal this declaration is executed
an Jose
on (date): . . . . .
. . at (place):
, California.
Fermina LoPez
Cryr e or r rni name)
(Stgnature cf ckc rant)
5. DECLARATION OF NONMILITARY STATUS
Respondent is not in the military service or in the military service of the Untted States as defined in Section 101
of the Soldiers' anc Sailors' Relief Act of 1940, as amended, anc no: entitled to the benel ts of such act.
I declare under penalty ,of perjUry that the foregoing is true arid correct and that Ihis declaration is executed
on (date): . . .
.
(place): . 54n. aose
, California.
;t
. Ferrnina
. . . . . . 14opez '
(Toe or priit lame)
•
PDF Page 43
cAlit
ti41,
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
JESSIE SERNA, ESQ.
1845 The Alameda
San Jose, CA 95126
TELEPHONE NO.:
FOR COURT USE ONLY
(408) 294-9002
t
ATTORNEY FOR (NAME):
SUPERIOR COURTOFCALIFORNIA,COUNTY OF
191 N. First St,
San Jose, •CA •95113
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
FEB 23
SANTA CLARA
.
I
3.10
"814
LiOÐE. G. FRANKLIN
Acting County Cler
BRANCH NAME:
MARRIAGE OF
PETITIONER:
FERMINA LOPEZ.
RESPONDENT:
EDWARD V. LOPEZ
CQME AND EXPENSE DECLARATION
RESPONDENT
1-29 PETITIONER
CASE NUMBER:
CI
GROSS MONTHLY INCOME
Petitioner
Respondent
526847
Petitioner
DEDUCTIONS FROM GROSS INCOME
Respondent
1. Salary & wages (Include
commissions, bonuses and
overtime)
$
$
2. Pensions & retirement . . . . $
$
3. Social Security
$
$
$ 500.00
$
; 4. Disability and unemployment
benefits
5. Public assistance (Welfare',
$
AFDC payments, etc.) • . . . .
6. Child/spousal support . .
• 7.
12. State income taxes
$
$
13. Federal income taxes
$
$
14. Social Security
$
$
15. State disability insurance . .
$
$
16. Medical and other insurance .
$
$
17. Union and other dues
$
18. Retirement and pension fund.
$
$
19. Savings plan
$
$
•
$
•$
$
$ •
$
$
$
20. Other deductions (Specify) . .
$
$
$
$'
21. TOTAL DEDUCTIONS
$
$
Dividends and interest . . . .
8. Rents (gr,oss receipts,,less
cash expen.ses; atfach
schedule)
9. Contributions to household
expenses from other sources.
.10. Income from all other
11.
sources (gross receipts, less
. cash expensos; .attach
schedule)
11.
. .
TOTAL GROSS
MONTHLY INCOME
TOTAL GROSS MONTHLY
INCOME (from line 11):
$............
$
21. TOTAL DEDUCTIONS .
(From line 21):
22. NET MONTHLY INCOME
$ 500.00
$
(line 11 minus line 21)
a. Number of exemptions claimed:
23. Withholding information
b. Marital status:
24. Certain property under the control of the parties
Petitioner
' a: Cash & checking accounts
$
•
$
accounts
•
c. Stocks, bonds, life insurance,
other liquid assets
b. Savings & credit union
$ ....
Form Adopted by Rule 1285.50
Judicial Council of California
Revised Effective January 1, 1980
.
$.
Respondent
Petiboner
Respondent
d. TOTAL (24a,b,c) .
INCOME & EXPENSE DECLARATION
(FAMILY LAW)
$
$
$
$
Post Record Catalog 81285.50
PDF Page 44
25. List the name, age, and relaio-iship of all members of the household whose expenses are included below
Joey Lopez, age 9
Son:
MONTHLY EXPENSES
26.
27.
Petitioner
Residence payments
a. Rent or mortgage
$..
30000
b. Taxes & insurance . . . .
$. .. .. 0... $
c. Maintenance
$. .
Food & household supplies.
$
.50.00
30.00
0
.
$
Utilities & telephone
$
29.
Laundry & cleaning
$..
0
$
30.
Clothing
$
0
$
31.
Medical & dental
$
0
$
25. .00
*
$
28.
32. Insurance (life, health
34.
$
$
Child/spmal support (prior
0
$
marriage)
$
35.
School
$
36.
Entertainment
$
0
$
37.
Incidentals
$
0
$
38.
Transportation & auto
20.00
$
expenses (insurance, gas,
oil, repair)
39.
Installment payments (Insert
total and itemize below at 42)
$
80'00 $
$
$
$
$
40.
Other: (specify)
$
$
41.
TOTAL MONTHLY EXPENSES.
$ '505.00 $
accident, etc.)
$
33.
Child care
$
42.
ITEMIZATION OF INSTALL1.1E'VT PAYMENTS OR OTHER DEBTS
0
Respondent
Petitioner
Respondent
CREDITOR'S NAME
nl Continued on attachment 42.
MONTHLY
PAYMENT
FOR
„
BALANCE
$
,
•
•
43.
2
ATTORNEY FEES HAVE BEEN REQUESTED.
a.
I have paid my atlorne
costs is:
for fees and costs the sum of $
b. My arrangement for attorney fees and
That my husband pay half of the attorney fees
Jessie Serna
(Print or type name of Attorney)
(Signature of Attorney)
I declare under penalty of perjury under the laws of the Slate of California that the foregoing, including any attachment,
is true and correct ald that this declaration is executed on (date):
11/21/83
at (place): . $an. JoSe
Fermina Lopez
(Print or ty; a name 01 Declarant)
CL e t / h1-44/14_,
(Signatui 3 of Declarant)
PDF Page 45
TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):
2JESSIE SERNA, ESQ.
1845 The Alameda
San Jose, CA 95126
ATTORNEY FOR (NAME) Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
FOR COURT USE ONLY
(408) 294-9002
SANTA
191 N. First St.
San Jose, CA 95113
00— *
rL.
FEB 23
CLARA
3 10 I'M '11'1
LECOE, a FRANKLIN
Acting County Clerk
BRANCH NAME:
MARRIAGE OF
PETITIONER:
PERMINA LOPEZ
RESPONDENT:
EDWARD V. LOPEZ
X PETITIONER'S = RESPONDENT'S
= COMMUNITY & QUASI-COMMUNITY PROPERTY DECLARATION
= SEPARATE PROPERTY DECLARATION
CASE NUMBER:
-526847
INSTRUCTIONS
When this form is attached tb Petition or Response, values and your proposal regarding division need not be completed.
Do not list community, including quasi-community, property with separate property on the same form. Quasi-community
property must be so identified. For additional space, use the form "Continuation of Property Declaration."
ITEM
NO.
$
$
NET FAIR
MARKET
VALUE
AMOUNT OF
DEBT
GROSS FAIR
MARKET
VALUE
BRIEF DESCRIPTION
$
PROPOSAL FOR DIVISION
AWARD TO
PETITIONER
RESPONDENT
— $
$
1. REAL ESTATE
•
2. HOUSEHOLD FURNITURE,
FURNISHINGS, APPLIANCES
0
3. JEWELRY, ANTIQUES, ART,
COIN COLLECTIONS, etc.
0
4. VEHICLES, BOATS,
TRAILERS
0
6.
SAVINGS, CHECKING,
CREDIT UNION,
CASH
•
._
-
Unknown
'(pontinued on reverse)
Form Adopted by Rule 1285.55
Judicial Council of California
Effective January 1, 1980
\
PROPERTY DECLARATION
(FAMILY LAW)
PDF Page 46
ITEM
NO.
GROSS FAIR
MARKET
VALUE
BRIEF DESCRiPTION
P
1
$
..
6. LIFE INSURANCE
(CASH VALUE)
AMOUNT OF
DEBT
NET FAIR
• MARKET
VALUE
,
PROPOSAL FOR DIVISION
AWARD TO
RESPONDENT
PETITIONER
$
$
$
None
1
7. EQUIPMENT, MACHINERY,
LIVESTOCK 1
None
8. STOCKS, BONDS, SECURED
NOTES
,.Noner..
.
.
.
,
9. RETIREMENT, PENSION,
PROFIT-SHAING.
ANNUITIES i
.
•.
10. ACCCUNTS RECEIVABLE,
UNSECURED NOTES,
TAX PEFUND
11. PARTNERSHTS, OTHER
BUSINESS IN- ERESTS
Unknown
,
Unknown
,
.
None
'
'
12. OTHER ASSETS AND DEBTS
'
0
•
•
,
•
•
-
'
13. TOTAL FROM'
CONTNUATICN SHEET,
14. TOTALS
15.n
0
I
A Contiluation of Property Declaration is attached and incorporated by reference.
Jessie Serna
. . ...............
• • •
(Type or print name if attorney)
(Signature of attorney)
l declare under penalty of perjury that, to the best of my knowledge, the foregoing is a true and correct listing
of assets and obligations ard that the amounts shown are correct; and that this declaration was executed on
(date):. :11/ 2 ,1/83. . . .at :place): . . San. Jose
, California.
.F.eXTAn.a. TiQP.elZ .............
(Typa or print name)
j..1141
• 1 47/4
(Signature)
•
PDF Page 47
•
1
2
3
4
5
r
JESSIE SERNA
ATTORNEY AT LAW
ABOGADA
1845 THE ALAMEDA
SAN JOSE, CALIFORNIA 95126
r
ti
F ri
LS'
Li
FEB 9-1984
TELEPHONE (408) 294-9002
barna
r
BY
DE.PUTY
Attorney for Petitioner
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF SANTA CLARA
9
c9#9
10
In re the Marriage of:
11
Petitioner:
12
and
13
RESPONDENT:
Case No.-54-9
ORDER FOR ENTERY OF
DEFAULT OF RESPONDENT
FERMINA LOPEZ
EDWARD V. LOPEZ
14
15
16
Based on the declaration of JESSIE SERNA, attorney for
17
Petitioner, the pleadings and papers on file herein, the Court
18
finds that Respondent was properly served by Publication and
19
mailing of a copy of the Summons to his last known address,
20
and that more than thirty (30) days have elapsed since the last
21
date of publication, that no response has been filed by Respon-
22
dent and the Court finds that Respondent is in default and for
23
Good Cause Orders that his default be, and it is hereby entered
24
DATED:
25
FEB
- 164
'ts.7
26
JUDGE OF THE SUPERIOR COURT
27
28
LEONARD P. EDWARDS
-1-
-
JUDGE
PDF Page 48
1
2
3
4
5
JESSIE SERNA
ATTORNEY AT LAW
ABOGADA
1845 THE ALAMEDA
SAN JOSE, CALIFORNIA
FEB 9 - 1984
95126
County C1:, r1c
TELEPHONE (408) 294-9002
Santa CI
Hy
Attorney for Petitioner
C
DEPU I"(
6
7
SUPERIOR COURT OF CALIFORNIA
8
COUNTY OF SANTA CLARA
9
CITY OF SAN JOSE
10
11
In regards to the Marriage of:
12
Petitioner:
13
and
14
Respondent:
Case No. 526847
DECLARATION OF ATTORNEY
IN SUPPORT OF PETI-TIONER AND REQUEST TOENTER DEFAULT
FERMINA LOPEZ
EDWARD V. LOPEZ
15
16
17
I, JESSIE SERNA, declare:
18
I am duly licensed to practice law in the State of
19
California and I am the attorney of records for the Petitioner
20
in the action herein.
21
Petitioner was unable to serve Respondent personally or
22
by mail and service was accomplished in the San Jose Post
23
Record a newspaper of general circulation most likely to have
24
given Respondent actual notice of the pending of this action.
25
An order granting service by publication was granted on
26
August 15, 1983.
27
a default be entered in this matter, Petitioner's request to
28
enter default is attached.
At this time Petitioner is requesting that
-1-
PDF Page 49
1
I am informed and believe that the original declaration
2
by Y. Claybon of the aforementioned newspaper certifying that
3
publication of the Summons on September 1, 8, 15 and 22, 1983,
4
was completed and filed with this Court.
5
Since no contact has been made by Respondent or anyone
6
else on his behalf, and Respondent's whereabouts remains
7
unknown, request is made on behalf of Petitioner that default
8
be entered in this matter.
9
I declare under penalty of perjury that the foregoing is
10
true and correct to the best of my knowledge and that this
11
instrument
12
Jose, California.
was executed on the 24th of January, 1983, of San
13
Cl
SAN J OSE, CALIFORNIA95126
14
I SERNA
JESS)()1
Atto :y
e for Petitioner
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
PDF Page 50
Space Below for Use Of Cout Clerk Only
Name, Address and Telephone Number ofAttorney(s)
JESSIE SERNA
(408) 294-9002
1845 The Alameda
San Jose, CA 95126
Attorney(s) for
n
S'ot
Patitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
CASE. NUMBER
/Title of Action)
526847
FERMINA LOPEZ
vs.
EDWARD V. LOPEZ
APPLICATION FOR ORDER FOR PUBLICATION
OF
(Insert word Summons or CitattOn Or nameol the summons
outstanding—i.e., on Amended Complaint, on C,omotaint
and amendment thereto, etc.I
Application is hereby made for an order directing service of the above-captioned summons or citation .on defendant,
EdWard
by publication of said summons or citation in the
respondent, or citee
which
newspaper is adjudicated a mewspaper of general circulation in California and most likely to give notice. to defendant,
V. Lopez
San Jose Post Record
respondent,-or citee because
The
Petition.
complaint or petition which is for
Divorce
, was filed herein on
A copy of the summons or citation and the complaint or petition could not be served by any of zhe follciwing methods
for the reasons shown:
1.
Handing copies to the person to be served. (Personal service-4 415.10 CCP)
2.
Leaving during usual office hours copies in the office of the person to be served with the person who apparently was in
charge and by thereafter mailing copies (by first class mail, postage prepaid) to the person to be served at the place
where the copies were left. (Service on a Corporation, partnership, association, or public entity-§415.20(a) CCP)-
3.
Leaving copies at the dwelling house, usual place of abode, or usual place of business of the person to be served in the
presence of a competent member bf the household or a person apparently in charge of his office or place sof business, at
least 18 years of age, who shalt be informed of the general nature of the papers and by thereafter mailing copies (by
first class mail, postage prepaid) to the perSon to be served at the place where the copies were left. (Service on natural
oerson, minor, incompetent, or candidate-§415.20(b) CCP)
4.
Sending (by first class mail or airmai() copies to the persOn to be served, together with two copies of required form of
notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (Service by mail-§415.30
CCP)-
5.
Sending (by registered Or certified airmail with return receipt requested) copies to the person to, be served. (Service by
mail outside the State of California-§ 415.40 CCP)
6.
Any other method (Other-4 413.10, 413.30)
(Continued on Reverse)
APPLICATION FOR PUBLICATION OF SUMMONS OR•CITATION
CCP §415.50(a)
PDF Page 51
If the service could not be made because the dwelling house, normal place of abode, or the usual place of business of the
dotendant ist.inknown, state below the efforts made to deterrnine these locations. If necessary, attach declarations of search,
declarations by investigators etc., to this deelaration:
I have not seen my husband since cpecember7Df 1982.
Presently I do not knoW if he is,even fri—the St-ate of California.
Additional Facts:
1.
My investigatOrnhas.checked the D.M.V. office for his
address but has had no success in locating his whereabouts.
2.
My investigator has also checked the• voter of registration
office with no success.
3.
I- thereforerequest that the court grant me the order
publication of summons.
June 24, 1983
Executed
San Jose
; a:
California.
I declare under penalty of perjury that the foregoing is true and correct.
(Signature.of Declarant)
:
IF COMPLAINT OF PETITION IS NOT VERIFIED, THE DECLARATION OF MERITS BELOW MUST ALSO BE
COMPLETED:
•
Fermina Lopez
sthe
states: I arn ths plaintiff or petitioner in
Jessie Serna
•
above-mentioned action. I
who is my
have fully and fairly stated the facts of said case to
is a necessary
tounsel and I am by him inforrned and I verily believe th3t ... Edw.ard.Lopez
and proper party, defendant, respondent, or citee theretc. and that. I have a good cause of action against him as will
complaint or
•
complaint or petition on file herein, which
appear by my
petition correctly states the cause of action and is incorporated.herein by .reference as though fully set out.
Executed
June 24, 1983
,at
San Jose
California.
.1 declare under penalty of perjury that the foregoing is true and correct.
1,141/7441
(Signature of Declarant)
PDF Page 52
0
Name„ Address and Telepho
. •
umber of Attorne0s)
JESSIE SE.RNA
(408)
1845 The Alameda
San Jose, CA 95126
'
%*••••
elow for Use of Court Clerk Only
.t
294-9902
F 1 1 .. D
OCT 21
Attorney(s) for
l 18
All '83
JOHN KAZUcIOWSKI
CLERK
91
nEPUTY
Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLA,RA
iTitle of Action)
CASE NUMBER
FERMINA LOPEZ
526847
VS .
EDWARD V. LOPEZ
ORDER FOR PUBLICATION OF
SUMMONS OIR CIT ATION
I
Upon reading and filing- evidence consisting of a declaration as provided in Section 415-.50 CCP by
Lopzancl it satisfactorily appearing therefrom that the defendant, respondent, or
cannot be served with reasonable diligencel in any other manner
specified in article 3, Chapter 4, Title 5 of the Code of Civil Procedure, and it also appearing from the verified complaint or
Petitioner, Fermina
citee Edward V. Lopez
petition that a good cause of action exists in this action in favor of the-plaintiff, petitioner, or citee t' herein and against the
defendant, respondent, or citee and that the said defendant, respondent, or citee is a necessary and proper party to the
action or that the party to be served has or claims an interest in, real or personal property in this state that is subject to the
jurisdiction of the Court or the. relief demanded in the action consists wholly or in part in excluding such party from any
Jessie Serna
interest in such property; NOW, on motion of
Attorney(s) for the Plaintiff(s), Petitioner(s), or contestant(s), IT IS ORDERED that the service of said summons or
citation in this action be made upon. said, defendant respondent, or citee by publication thereof in
'San JosePost Recod
r
a newspaper of
.............................•.......... . . ...........................................
•
San Jose
, California, hereby designated as the newspaper most likely to
general circulation published at
live notice to said defendant; that said publication be made at least once a week for four successive weeks. '
IT IS FURTHER ORDERED that a copy of said summons or citation and of said complaint or pe'tition in this action be
forthwith deposited in the United States Post Office, post-paid, directed to said defendant, respondent! or citee if his-address
is ascertained before expiration of the time prescribed for the publication of this summons or citation and.a declaration of
this mailing or of the fact that the address was not ascertained be filed at the expiration of the time prescribed for the
publication.
AUG_1 5 1981
Dated.
Judg
the Superior Court
ORDER FOR PUBLICATION OF SUMMONS OR CITATION
CCP §415.50(b)
PDF Page 53
Proof of Publication
Space Below for Use of County Clerk Only
(2015.5 C.C.P.)
SAN JOSE POST-RECORD
• 76 West St. John Street
San Jose, California
Phone: 287-4866
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
No.
526847
FERMINA LOPEZ
AND
EDWARD V. LOPEZ
State of California
County of Santa Clara, ss
I, the undersigned, state that I am, and at all times
herein mentioned, was a citizen of the United States of
America, over the age of eighteen years and not a
party to or interested in the above entitled matter;
that I am the principal clerk of the printer and publisher o; the SAN JOSE POST-RECORD, a newspaper
of general circulation, printed and published daily except Saturdays, Sundays and legal holidays, in the
City of San Jose, County of Santa Clara, which newspaper has been adjudged a newspaper of general
circulation by Superior Court of the County of Santa
Clara, State of California, under date of February 3,
1922, Case Number 27844; and that the notice of
which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof, on the following dates to-wit:
E
k.f)
23 1983
JOHN KAZUBOWSKI, Clerk
BY
Donny
SUMMONS
(FAMILY LAW)
No. 526847
Superior Court of California,
County of Santa Clara, 191 N. First
St. San Jose, CA 95113.
MARRIAGE OF
Petitioner: FERMINA LOPEZ
R e s.p onde n t: EDWARD V.
LOPEZ
NOTICE! You have-been sue'd..The
ccurt may decide against you
without your being heard unles8
you respond within 30 dabrs. Mead
the information. below.
iAVlSOl Usted ha sidO deMandado.
El tribunal puede decidir contia Ud.
sin audiencia a menos que Ud.vresponda dentro de 30 .dias. Lea la
intormación que sigue.;
If you wish to seek the advice
of an attorney iri this matt'er,.ydu
should do so promptly so that'your
response or pleading; if any, "niay
be filed on time.
Si Usted desea solicyar él Consejo
de un abogado mn este asunto,
deberia hacerlo inrnediatamente, de
esta manera, su respuesta o alegación, si •hay alguna, puede Ser
registrada a tiernpo.
1. TO THE RESPONDENT EDWARD V. LOPEZ
•
I declare under penalty of perjury that the foregoing is true and correct.
The petitioner has filed a.petition
concerning your marriage. If. you
fail to tile a response within '30
days of the date that• this summons
is served on youl your default rnay
be entered and the court. may
enter a judgmen- t containing injunctive or other orders concerning
property, ' speusal
division of
child
child custody,
support,
support, attorney fees, costs, and
such other relief as may be
granted by the court. The garnishment of wages, taldng of
• money •or property, or other court
authorized proceedings may also"
result.
Dated: June 17, 1983.
JOHN KAZUBOWSK1,
Clerk
• (Seal)
By H. LARA,
Executed on
September 22, 1983
at San Jose, California.
JESSIE SERNA
. 1845 The Alameda
San Jose, CA 95126
•
September 1, 8, 15 & 22
S. Bray
Attorney for Petitioner
(Sept. 1 - 8 - 15 - 22)
Deputy
•
PDF Page 54
FOR.COURT USE ONLY
TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name end Address):
(408) 294-9002
JESSIE SERNA
1845 The Alameda
San Jose, CA 95126
ATTORNEY FOR (Name):
Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
SANTA CLARA
Sot 11
191 N. First St.
San Jose, CA 95113
2 16
DEPo'
CITY AND ZIP CODE:
BRANCH NAME:
MARRIAGE OF
FERMINA LOPEZ
PETITIONER:
EDWARD V. LOPEZ
RESPONDENT:
CASE NUMBER:
PETITION FOR
ni
ratbissolution of Marriage
71 Legal Separation
El
526847
And Declaration Under Uniform Child
Custody Jurisdiction Act
Nullity of Marriage
INDEXED
El
Petitioner n
Respondent has been a resident of this state for at least
1. RESIDENCE (Dissolution only)
six months and of this county for at least three months immediately preceding the filing of this Petition for Dissolution.
2. STATISTICAL FACTS
a. Date of marriage: 2/14/77
b. Date of separation:
4 / 1 / 82
c. Period between marriage and separation
Years: 5yrs. Months:2 mo s .
3. DECLARATION REGARDING MINOR CHILDREN OF THIS MARRIAGE
There are no minor children.
The minor children are:
Birthdate
Name
a. ni
b. FRI
Joseph Lopez
19724/74
Sex
Age
•
•C
•8
• male
I re o%
c. IF THERE ARE MINOR CHILDREN, COMPLETE EITHER (1) or (2)
(1) 71 Each child named in 3b is presently living with 17Tpetitioner
at (address):
I 7,
526P'
reribeni
2587 Custard Dr.
San Jose, CA 95124
and during the last five years has lived in no state other than California and with no person other than
petitioner or respondent or both.
Petitioner has not participated in any capacity in any litigation or proceeding in any state concerning
custody of any minor child of this marriage.
Petitioner has no information of any pending custody proceeding or of any person not a party to this
proceeding who has physical custody or claims to have custody or visitation rights concerning any minor
child of this marriage.
1- 1 A completed Declaration Under Uniform Custody df Minors Act Is attached.
(2)
4.
ni
Petitioner requests confirmation of the following as separate asseta and obligations:
Item
Confirm to
(Continued on reverse)
Form Adopted by Rule 1284
Judicial Council of California
1281 (Rev. January 1, 1983)
PETITION
(FAMILY LAW)
Post Record Catalog # 1281
PDF Page 55
MARRIAGE OF Ow name—first names of partles:
LOPEZ, FERMINA
CASE NUMBER:
526s47
LOPEZ, EDWARD
12811Rey. January I. 1983
Page Iwo
PETITION (FAMILY LAW)
5. DECLARATION REGARDING COMMUNITY AND QUASI-COMMUNITY ASSETS. AND OBLIGATIONS AS
PRESENTLY KNOWN
a. E:=1 There are no such assets or obligations subject to disposition by the court in this proceeding.
b. n All such assets and obligations have been disposed of by veitten agreement.
c. ELD All such assets and obligations are listed in the property declared 3n to be Mei with this petition.
d. = All such assets and obligations are listed below:
526847
6. Petitioner requests
a.
Dissolution of the marriage based on
(1)n
irreconcilable differences. CC 4506(1)
(2)n
incurable insanity. CC 4506(2)
b. n
Legal separation of the parties based on
(1)n
irreconcilable differences. CC 4506(1)
(2)n
incurable ir sanity. CC 4506(2)
c. = Nullity of void marr.age based on
(1)n
incestuous marriage. CC 4400
(2)ri
bigamous marriage. CC 4401
d,
Nullity of voidable marriage liased on
11) ri
petitioner's age at time of
marriage. CC 4425(a)
prior existing marriage.
t.2) n
CC 4425(b)
unsound mind. CC 4425(c)
(1) ri
(4)n
fraud. CC 4425(d)
(5)E7 force. CC 4425(e)
16) ED phys Ical incapacity.
cp 4425(0
7. Petiticner requests that tte court grant the relief or judgment specifiao ir item 6; make injunctive and other
orders as may be proper, and that
a. 1-7
Child custody be awarded
(1) Legal custody
(a) n
Joint to petitioner and respondent
(b) pri Sole to m petitioner n respondent = other (specify):
(2) Physical custoay
(a) n
Joint to petitioner and respondent
(b) 1. Lxi Sole to i k i petitioner = respondent = other (specify):
b.17,-A C h il d :s i t a ti on ri g ht s be g ra nted (specify):
c. r-T- Child support be awarded pri petitioner ED respondent
s po u.s l s u o po rt be a w a rded
petitioner n
respondent
e. = Property rights be determined.
f. =)0 Attorney's fees and costs be awarded 'F
petitipner = lesponclen;
g. = Wife's former name be restored (specify):
d.ri
6 r
r
I declare under penalty of perjury undfr the laws of the State of Califoinie\that the foregoing is
• true and correct and that this declaration is executed on S. n Jose
, 41.6
6/1/83
(date):
MONA I URE
-Jessie
PE UONER
Serna
(TYPE OR PRINT NAME DF ATTORNEY)
(SIGNATURE 0
-
RNEY FO1 PETITIONER)