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1 Edward T. Powell
13223 Black Mountain Road
2 Suite 1-263
San Diego, California 92129
3 (858) 484-8500
4 Assignee of Record in Pro Per
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9 Edward T. Powell
10 Plaintiff r
11 vs.
12 Winnona Munday
13 Defendant.
14
Judgmen t
Cumberland County Court of Common Pleas
State of Pennsylvania
No.
ol-l.qol~
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Application and Affidavit for Entry of
Judgment from a Foreign Judgment
15
Assignee, Kent A. Vander Kamp Idba/ Eagle Equity Services, applies
1. Judgment Debtors:
for entry of judgment based upon a foreign (sister-state) judgment as follows:
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17
Winnona A. Munday
18
5205 East Trindle Road
19
Mechanicsburg, PA 17050-3552
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2. Original Plaintiff:
22
Edward T. Powell
23
13223-1 Black Mountain Rd PMB263
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San Diego, CA 92129
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3. Foreign State issuing original judgment:
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CALIFORNIA
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4.
Name of Foreign Court issuing original court:
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Superior Court of California
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El Cajon Judicial District
250 East Main Street
El Cajon, California 92120
5. Date that foreign judgment:
September 24th r 1998
6.
7 7. An authenticated copy of the foreign judgment is attached to this application.
S Include accrued interest on the foreign judgment as in the foreign (California)
9 judgment.
1-0
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A. Annual interest rate allowed by foreign state:
10.00%
B. Law of foreign state establishing authority for interest rate:
Civil Code ~ 685.070
California
7. Amount remaining unpaid of foreign judgment:
$1,046.00
$15.00
$349.11
$1410.11
8. Amount of filing fee for this application:
9. Accrued interest on foreign judgment:
10. Total amount to be entered on the foreign judgment:
11. An action in this state on the foreign jUdgment is not barred by statute of
limitations.
12. I am informed and believe that no stay of enforcement of the foreign judgment is
now in effect by the issuing foreign court and that this judgment is valid,
enforceable and remains unsatisfied.
13. No action is pending and no judgment has previously been entered in any proceeding
in Pennsylvania based upon the foreign judgment.
I declare under the penalty of perjury under the laws of the State of California
and the State of Pennsylvania that the foregoing is true and correct except as to
those matters which are stated to be upon information and belief, and as to those
matters I believe them to be true.
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Dated : November 12, 2001
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Edward T. Powell
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III
III
III
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1 Eagle Equity Services
13223-1 Black Mountain Road PMB263
2 San Diego, CA 92129
858-484-8500
3
Assignee of Record in Pro Per
4
5
6
7
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9 Deborah Murray
10 Plaintiff ,
11 vs.
12 Tamara Radford,
13 Defendant.
Cumberland County Court of Common Pleas
State of Pennsylvania
No.
Judgment
14
Based on the attached Application and Affidavit for Entry 0
15 Judgment from a Foreign Judgment and in accordance with the attache
16 exemplified record of the California Superior Court;
17 Judgment is entered in favor of the said creditor(s) and against
18 Winnona A. Munday of 5202 East Trindle Road, Mechanicsburg, PA 17050
19 in the sum of $ l'IiO, It
20
21
22 Dated: i.j,"~kI (.. ,;J6o f
23 Judge
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NOTICE TO ALL PLAINTIFFS AND DEFENDANTS:
SAN DIEGO SUPERIOR COURT, EAST COUNTY DIVISION
250 EAST MAIN ST., EL CAJON, CA 92020
SMALL CLAIMS CASE NO: E91307
A VISO A TODOS LOS DEMANDAN1f!iS Y DEMANDADOS
Su coso ha sma resuelto por la corte ,qara reclamos judiciales menores.
Si la corte ha decidido en su contra !y - ha ordenado que usted pague
dinero, Ie pueden quitar su salario, su dmero, y otras casas de su
propiedad. sin aviso adicional por parte de esta corte. Lea el reverso de
este formulario para obtener informacion de importancia aceTca de sus
derechos.
Your small claims case has been decided. If you lost the case, and the
court ordered you to pay money, your wages, money, and property may be
taken without further warning from the court Read the hack of this sheet
for important information about your rights.
I PLAINTIFFIDEMANDANTE (NAME AND ADDRESS OF EACH)
EDWARD T, POWELL
5896 AMAYA DRIVE
LA MESA, CA 91942
I
I DEFENDANTIDEMANDADO(NAME AND ADDRESS OF &leB)
WINNONA A MUNDAY
8965 BUBBLING WELLS 'ROAD
LAKESIDE, CA 92040
'1
L
o See attached sheet for additional plaintiffs and defendants.
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Judgment was entered as checked helow on (date) :
1. t8J Defendant (name ifnwre than one):
shall pay plaintiff (name if more than one):
$ 1,000.00 principal and $ 46.00 costs on plaintiffs claim
o Defendant does not owe plaintiff any money on plaintiff s claim.
o Plaintiff (name ifmore than one):
shall pay defendant (name ifmore than one):
NOTICE OF ENTRY OF JUDGMENT
09/24/98
CORRECTED COPY
The romgli1lJ lnslrument1sa fuII,l1ueand QlI!lIllt
COpy of the Qriginal on file In this office.
Attest: 'Nd\r 0 S1QIl1-r-p:tSf
STEPHEN THUNBERG
Clerk of the Superior Court of the Stale of California.
inandfor~.~
By. ~ :s~u v AL. Deputy
2.
3.
4.
5.
6.
$ prrncIpal and $ costs on defendants claIm.
o Plaintiff does riot owe defendant any money on defendant's claim.
o Possession of the following property is awarded to plaintiff (describe properTy):
o Payments are to he made at the rate of $ per: , heginning on:
full. If any payment is missed, the entire balance may become due immediately.
o Dismissed in court 0 with prejudice 0 without prejudice.
o Attorney-Client Fee Dispure (ATtachment to Notice of Entry of ludgment) (form SC-132) is attached.
Other: 0 Costs to be paid to the Court 0 Judgment is Joint and Several as to defendants
and on the
of each month thereafter until paid in
7.
8.
9.
10 ~ Tlus judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor's operation of a motor
vehicle. If the judgment is not paid, the judgment creditor may apply to have the judgment debtor's OO",r'.s license suspended."
11. Enforcement of the judgment is automatically postponed for 30 days or, if an appeal is med, until the appeal is decided:
12. OThis notice was personally delivered on to (insert name(s)):
EXHffilTS: Pursuant to CCP 1952, exhibits will be destroyed 60 days after date of mailing of this notice, or if an appeal is taken, 60 days following
final determination on Appeal.
CLERK'S CERTIFICATE OF MAILING-I certify that I am not a party to this action. This Notice of Entry of Judgment was mailed first class,
postage prepaid, in a sealed envelope to the parties at the addresses shown above. The mailing and this certification occurred at the place and on the
date sho.WD helow.
Place of mailing:
Date of mailing:
EI Cajon, California
09/24/98 CORRECTED COpy
MAILED 01127/99 .~'...,
Kenneth E. Martone, Clerk of the Superior Court, hy L. P ARKf. t ..; .;, Deputy
-The count rovides small claims advisor services free of char e. Read the information sheet on e reverse. _
Fonn Adopted by the NOTICE OF ENTRY OF JUDGMENT
Judicial Council of California (Small Claims)
SC-130 (Rev. January 1, 1999)
Cal. Rules of Court, rule 982.7
Code of Civil Procedure, section 116.610
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INFORMATION AFTER JUDGMENT
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INFORMACION DESPUES DEL FALLO DE LA CORrE
Your small claims case has been decided. The judgment or decision of Ihe court appears on the lionl of this sheet The court may
have ordered one party 10 Pay money to the other party. The person (or business) who won the case and who can collect the money
. is called the judgment credItor. The person (or busIness) who lost the case and who owes the money is called the judgment
debtor.
Enforcement of the iudgment is postponed until the time for appeal ends or until the appeal is decided. This means Ihal the
judgment creditor cannot collect any money or take any action until this period is over Generally, both parties may be represented
by lawyers after judgment
IF YOU LOST THE. CASE . . .
1. If you lost t.he -case on your own claim and the court did not
award you any money, the court's decision on your claim is
FINAL You may nol appeal your own claim.
2. If you lost the case and the court ordered you to pay money,
your money and property may be taken to pay the claim
unless you do one of Ihe follOWing things:
a. PAY THE JUDGMENT
The law requires you to pay the amount of the judgment
You may pay the judgment creditor directly, or pay the
judgment to the court for an additional fee. You may also
ask the court to order monthly payments you can afford.
Ask the clerk for information about these procedures.
b APPEAL
If you disagree with the court's decision, you may appeal
the decision on the other party's claim. You may' not
appeal the decision on your own claim. However, If any
party appeals, there will be a new trial on all the claims. If
you appeared at the trial, you must bew.n your appeal by
filing a form called a Notice of Appeal (torm SC-140) ana
pay the required fees within 30 days after the date this
Notice of Entry of Judgment was mailed or handed to
you_Your.,.a.p..pea...IW...i...II'.D..e. in th. e superior court. Y~u will
have a new trial and you must present your eVIdence
again. Yo((may be represe.rited by a lawyer.
c. VACATE0RCA'NGEL THE JUDGMENT
If you. did not go to the trial, you may ask the court to
'. .vacate or c.ancel thejuQgment.To make this request, you
'.muslfile a.Mption to Vacate.the Judgment (form SC-135)
and pay Ihe required fee within 30 days after Ihe date
this Notice of Entry of Judgment was mailed. If your
request is denied, you Ihen have 10 days from the date
the notice of denial was mailed to file an appeaL
The perioQ t6 file the Motion to Vacate the Judgmen! is
180 days if you were not properly served WIth the claIm.
The 180-day period begins on the date you found out or
should have found out about the judgment against you.
IF YOU WON THE CASE. . .
1. If you were sued by the other partr and you won the case,
then the other party may not appea the court's decision.
2. If you won the case and the court awarded you money, here
are some steps you may take to collect your money or get
possession of your property:
a. COLLECTING FEES
Sometimes fees are charged for fi!ing court papers or for
serving the judgment debtor. 1 hese extra costs can
become part of your original judgment. To claim these
fees, ask the clerk for a Memorandum of Costs.
NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full, you must fill out the torm below and mail it 10
Ihe court immediately or you may be fined. If an Abstract of Judgment has been recorded, you must use another form; see the.
clerk for the proper form.
b. VOLUNTARY PAYMENT
Ask the judgment debtor to pay the money. If your claim
was for possession of property, ask the judgment debtor
to return the property to you. THE COURT WILL NOT
COLLECT THE MONEY OR ENFORCE THE JUDG-
MENT FOR YOU.
c. STATEMENT OF ASSETS
If the judgment debtor does not pay the money, the law
requires the deblor to fill out a form called Ihe Judgm~nt
Debtor's Statement of Assets (form SC-133). This fqrm
will lell you what property the Judgment debtor has t\iat.
may be available to pay your claim. If the =mi"t
debtor willfully fails to send you the com~' " ~..
may file an Application and Order to Produce ~m t
of Assets and to Appear for E!xamination (form SC~ 1 H
and ask the court to give you your attorney's fees ~nd
expenses and other aepropriate relief, after proper
notice. under Code of CiVIl PrOcedure section 708.170.
d. ORDER OF EXAMINATION
You may also make the debtor come to court to answer
questions about income and property. To do this, ask the
clerk for an Application and Order for Appearance and
Examination (Enforcement of Judgment) (form EJ-125)
and pay the required fee. There is a fee if a law officer
serves the order on the judgment debtor. You may also
obtain the judgment deotor5financial records. Ask the
clerk for the Civil Subpoena Duces Tecum (form
982(a)(15)).
e. WRIT OF EXECUTION
After you find out about the judgment debtors property,
you may ask the court for a Writ of Execution (form
EJ-130) and pay the required fee. A writ of execution is a
court paper that tells a law officer to take property of the
judgment debtor to pay your claim. .Here are some ex-
amples of the kinds of property the officer may be able to
take: wages, bank account, automobile, business
property, or rental income. For some. kinds of property,
you may need to file other forms. See the law officer for
Information.
f. ABSTRACT OF JUDGMENT
The judgment deblor may own land or a house or other
buildIngs. You may want to put a lien on the property so
that you will be paid if the property is sold. You can get a
lien by liIing an Aostract of Judgment (form 982(a)(1))
with the county recorder in the county where the property
is located. The reco~der will charge a fee'for the Abstract
of Judgment
SMALL CLAIMS CASE NO.:
ACKNOWLEDGMENT OF SATiSFACTiON OF JUDGMENT
(Do not use this form if an Abstract of Judgment has been recorded.)
To the Clerk of the Court:
I am the D judgment creditor. D assignee of record.
I agree that the judgment in this action has been paid in full or otherwise satisfied.
Date:
(TYPE OR PRINT NAME)
.~
(SIGNATURE)
Page twO
SC-13Q [Rev January 1 19991
NOTICE OF ENTRY OF JUDGMENT
(Small Claims)
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Cas~ N"umber: E 91307
Case Name: - li'owo. J J "'IT Ml1nrl ::lY
I, STEPHEN THUNBERG, Clerk of the Superior Court of the State of California for the County of San Diego,
which is a court of record having a seal, certify that by law 1 have custody of the seal and a\1 the records, books and
documents of or pertaining to said court.
I further certify that the document or documents described below and annexed hereto contains a full, true and
correct copy of the original. document or documents of or pertaining to the Superior Court which is/are on file in my
office.
Notice of Entry Of Judgment
~~.
WITNESS my hand and the seal of the court this
8th day of
~~~\......... 0k",~<r
STEPHEN THUNBERG
Clerk of the Superior Court of the State of California
for the County of San Diego
November
,20~
I, Herbert J. Exarhos , Judge of the Superior Court of the State of California
for the County of San Diego, certify that STEPHEN THUNBERG whose signature is affixed to the above certificate, is
the Clerk of the Superior Court of the State of California for said County. As such clerk, he is the proper certifying
officer of the court, and by law has custody of the seal and all the records, books and documents of or pertaining to
t his certificate is in due form as used in this state.
IN WITNESS WH
8th
REOF I have hereunto set my hand this
November 01
of ,20_
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", PH EN THUNBERG, Clerk of the Superior Court of the State of California for the County of San Diego
which is a court of record having a seal, certify that the Honorable Herbert J. Exarhos ,
whose name is subscribed to the above certificate of qualification, was at the date thereof a Judge of the Superior
Court of the State of California, for the County of San Diego, duly appointed or elected and qualified and acting; that
said judge is authorized to make such certificates; that full faith and credit are due the offiGial acts as such judge. I
further certify that the signature subscribed on the certificate is genuine and that the certificate is executed according
to the laws of the State of California.
WITNESS my hand and the seal of the court this
8th day of November , 20~
St..~~~ \Jkl1:'\Cr-
STEPHEN THUNBERG
Clerk of the Superior Court of the State of California
for the County of San Diego
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EAGLE EQUITY ~ERVICEI5
1322;3-1 BLACK MOUNTAIN ROAD Pl\m203
SAN DIEGO, CALIFORNIA 92129
T 888-216-966"
F 8,,8-484-1,,65
November 21, 2001
Attention: Jayne Miller
The Small Claims Division of the Superior Court of
California does not maintain a clerk or court docket. The
only document available for certification is the Notice of
Entry of Judgment. The Superior Court Clerks office can be
reached at 619-441-4461 with any additional questions.
Pleas.e "all me directly with any additional concerns.
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JAMES D. FLOWER
JOHNE. SLIKE
ROBERT C. SAlDlS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL]. LINDSAY
JOHNNA J. KOPECKY
KARL M. LEDEBOHM
JOSEPH 1. HITCHINGS
THOMAS E. FLOWER
FORREST N. TROUTMAN, II
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYL VANIA 17011
TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407
EMAIL: attomey@ssfl-Iaw.com
CARLISLE OFFICE:
26 W. HIGH STREET
CARLISLE, P A 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
REPLY TO CAMP HILL
December 3,2001
Office ofthe Prothonotary
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Attention: Janie
Re: Enforcement of foreign judgments
Dear Janie:
I am enclosing a copy of the Enforcement of Foreign Judgments Act enacted III
Pennsylvania which sets forth the requirements for the entry of judgments from other states.
Apparently, the judgment creditor or his attorney can file the judgment and in doing so,
has to file an Affidavit giving the name and last known post office address of the debtor and the
judgment creditor, and in addition, include a statement that the judgment is valid, enforceable
and unsatisfied.
Under the definition section of the Rules of Construction set forth in Rule 76, an
Affidavit is a statement signed by the person making it that was either sworn to before a person
authori~ed.to 'admittlst~r-o&ths-or "is UllSWOl'l1 mid conTains a statenlenI that it is made subject to
the penalties of lR Pa. C.S.Section 4904 relating to unsworn falsifications to authorities."
Since Affidavits that come in from other states in most cases would not indicate a
familiarity with Section 4904, I believe that we should require that the statement be made before
a person authorized to administer oaths. However, if an Affidavit does come in stating
familiarity with Section 4904, that would be acceptable.
Very truly yours,
JES/sa
Enclosure
AlDIS, SHUFF, FLOWER & LINDSAY
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