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Desiree Capuano & James Pendleton
250 E. Placita Lago Del Mago
Sahuarita, AZ     85629
Tel: 520-288-8200
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Re: Proof of service of declaration filed in the California proceedings
From: Patrick <>
To: Desiree Capuano <>
Date: Fri, May 22 2015 6:28:25 am
Incorrect.  I stated my name is not "Richard" - I made no claim of 
not being the party "named" in any court hearing.  That was an inference 
on your part.  I did state I would not accept any mail addressed to 
"Richard" because that is not my name and taking mail addressed to 
another person without that person's consent is illegal.  I made no 
reference to reading any such documents - only to accepting them.

Attempting to serve a party using a name other than their legal name 
does not meet the requirements of service of process under California or 
Arizona law.  For example, suppose you decided to change your name back 
to Tomlin (as any decent person would do after getting divorced), then 
if I tried to serve you under the name Capuano and you informed me of 
such, then the mail got returned to me because there is no one at your 
address with the name Capuano - then I would not have made a reasonable 
effort to attempt to serve you.  If the serving party is not aware of 
the other party's legal name then that's a different story - as long as 
they make every reasonable effort to effect service.  Since you know my 
legal name is Patrick, then attempting to serve me as Richard 
does not fulfil the requirement of "reasonable effort".

Please read some law books or consult someone who know what they're 
talking about.


On 05/21/2015 10:35 PM, Desiree Capuano wrote:
> You have.  You sent me an email stating that you are no such person 
> named in a court hearing and that you would not be accepting, or 
> reading any documents sent to any such person named in any legal 
> proceedings.  You then informed me that you would be mailing it back 
> to me unopened.
> On Thursday, May 21, 2015, Patrick  > wrote:
>     Desiree:
>     I was informed you filed a declaration in the California family
>     court proceedings and that a proof of service by mail was filed,
>     but I've not been served any such declaration.
>     Patrick