Free Certificate of Service - District Court of California - California

Case 3:08-cv-00442-L-RBB

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Filed 05/15/2008

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TIMOTHY P. BURKE, ESQ. (SBN 207084) TIMOTHY P. BURKE & ASSOCIATES A PROFESSIONAL CORPORATION 1136 Fremont Ave., Suite 108 South Pasadena, CA 91030 Tel. (626) 799-8902 Fax (626) 799-8912 Attorneys for Defendant EDUCATIONAL CREDIT MANAGEMENT CORPORATION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

) ) ) Plaintiff, ) ) vs. ) PENNSYLVANIA HIGHER EDUCATION ) ASSISTANCE AUTHORITY dba ) AMERICAN EDUCATION SERVICES, ) KEY BANK N.A.; & EDUCATIONAL ) CREDIT MANAGEMENT CORPORATION ) Defendants. ) ) ) // //

JEFFREY A. NEEDELMAN,

Case No.: 08 CV 0442 L RBB CERTIFICATE OF SERVICE OF NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6)

1 CASE NO. 08 CV 0442 L RBB CERTIFICATE OF SERVICE OF NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) 1905

Case 3:08-cv-00442-L-RBB

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Educational Credit Management Corporation hereby files the following certificate of service: PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California; I am over the age of eighteen years and am not a party to this action; my business address is 1136 Fremont Avenue, Suite 108, South Pasadena, California 91030, in said County and State. On May 15, 2008, I served the following document(s):
1) Notice of Motion to Dismiss pursuant to FRCP 12(b)(6); Memorandum of Points and Authorities in support of Motion to Dismiss Pursuant to FRCP 12(b)(6)

on each of the interested parties: by the following means of service:

SEE ATTACHED SERVICE LIST

BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the abovementioned date. I am familiar with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. Under that practice it would be deposited with the U.S. Postal Service on that same date with postage thereon fully prepaid at South Pasadena, California in the ordinary course of business I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. BY PERSONAL SERVICE: I provided a true copy of the above-listed document(s) to a messenger, employed by _______________________(COURIER SERVICE NAME)_____________, along with an envelope(s) addressed to each person(s) named at the address(es) shown, and gave that document(s) to a messenger for personal delivery before 5:00 p.m. on the above-mentioned date. BY FACSIMILE: On October 17, 2006, from South Pasadena, California, I caused each such document to be transmitted by facsimile machine, to the parties and numbers on the attached Service List. To the best of my knowledge, the transmission was reported as complete, and no error was reported by the facsimile machine. A copy of the transmission record is maintained by our office. BY FEDERAL EXPRESS OR UNITED STATES POSTAL EXPRESS MAIL: On the above-mentioned date, I placed a true copy of the above mentioned document(s), in a sealed envelope or package designated by either Federal Express or the United States Postal Service with delivery fees paid or provided for, addressed to the person(s) as indicated above and deposited same in a box or other facility regularly maintained by Federal Express or the United States Postal Service or delivered same to an authorized courier or driver authorized by Federal Express or the United States Postal Service to receive documents. I am employed with the law office of TIMOTHY P. BURKE & ASSOCIATES, A Professional Corporation, TIMOTHY P. BURKE is a member of the bar of this court. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

(FEDERAL)

Executed on May 15, 2008. /S/ TIMOTHY P. BURKE TIMOTHY P. BURKE
2 CASE NO. 08 CV 0442 L RBB CERTIFICATE OF SERVICE OF NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) 1905

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SERVICE LIST

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

NEEDELMAN V. P.H.E.A.A., ET. AL. CASE NO. 08-0442 L RBB

PLAINTIFF PRO SE Jeffrey A. Needelman, Esq. P.O. Box 471146 San Francisco, CA 94147 (415) 441-4401 COUNEL FOR DEFENDANT P.H.E.A.A. Michael Meeks, Esq. Pepper Hamilton, LLP 4 Park Plaza, Suite 1200 Irvine, CA 92614 (949) 567-3500

3 CASE NO. 08 CV 0442 L RBB CERTIFICATE OF SERVICE OF NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) 1905