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HomeMy WebLinkAbout07-3257COMMONWEALTH OF PENNSYLVANIA Mag. Dist. No.: 09-3-04 z ~ NOTICE OF JUDGMENT/TRANSCRIPT - 357 ~r~ CIVIL CASE MDJ Name: Hon. TH01[AS A. PLAC$]I' Address: 104 S SPORTING HILL RD 1[ECHANICSSIIRG, PA Telephone: (717) 7 61- 823 0 JOAN SIINDAY P.O. BOI 2013 C/O ERIB I]fISIIRANCB GROIIP 1L$CHANICSBVRG, PA 17055 PLAINTIFF: NAME andADDFESS rSIINDAY, JOAN P.o. soa ao13 C/O SRIB INSIIRAIi<C8 GROIIP L11[SCHANICSBIIRG, PA 17055 VS. DEFENDANT: NAME and ADDRESS J 17050 I rCRIIZ, ALFRHDO -1 483 SLAC~A>oT DRIVE LOT 3 THIS IS TO NOTIFY YOU THAT: Judgment: DBFA'[TLT JIIDtNLS~I'P PLTF ® Judgment was entered for: (Name) (Date of Judgment) 2/15/07 SONDAY, JOAN ® Judgment was entered against: (Name) CRIIZ, ALFRSDO in the amount of $ 854.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time ^ This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of .residential lease $ Amount of Judgment $_ .739.77 Judgment Costs $_ 114. 5 Interest on Judgment $ ~~ Attorney Fees $ . 00 Total $ 854.02 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTffRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYQNE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true a correct D Date My commission expires first Monday of January, ~ 2010 ~NBii C~lLB$RLAND, PA 17070 J .Docket No.: CiT-0000649-06 _ Date Filed: 11/01/06 - iSterial District Ju ings containing the judgment. Magisterial District Judge SEAL AOPC 315-06 DATE PRI~ITSD s 2 j16 j 07 9:08:00 AIL 4 V v ~~ ~~ ~. W t ~~ N ~~ z ~,~` ~ ~ ~~. -~ ~ . ~~J r-- VJ~.; C ~~ ~ ~~ ~ ~ ~ A~% ~ n~ C IV ~It GJ ', Joan Sunday v. Alfredo Cruz STATE OF Pennsylvania: COUNTY OF Cumberland: :ss AFFIDAVIT OF MILITARY/NON-MILITARY STATUS Sandra Goodling, having been duly sworn, hereby states as follows: I am a representative of Erie Insurance Group ("Erie") and as such am fully familiar with the facts and circmnstances underlying the above-captioned matter. 2. Erie is subrogated to its insured, Joan Sunday, in connection with a loss that occurred on May 22, 2006, which is the incident giving rise to this matter. 3. Pursuant to the Soldiers and Sailors Civil Relief Act of 1940, as modified b;y the Sen'icemembers Civil Relief Act of 2003, this affidavit is submitted as proof that Alfredo Cruz is not presently in active service in any branch of the United States 1V~iilitary. 4. As proof of the military/non-military status of Alfredo Cruz, the undersigned contacted the Defense Manpower Data Center which provided written verification of such status, attached hereto as Exhibit A. 5. The foregoing information is true to the best of my knowledge and belief. Sandra Goodling Duly Authorized Representative of \ The Erie Insurance Group Sworn to before me this •2Z day of 1 u , ~~ , 200 ~: [rcrraFtw. sEu 'ARY PUBLIC ~ ~'~' ~ Pnbfk ~~b~~~ }r '. :-s _ ~ `P ~ .. . Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center MAY-21-2007 09:27:20 Military Status Report Pursuant to the Servicemembers Civil Relief Act CRUZ Alfredo Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselinl:,.mil/faq/pis/PC09SLI)R.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID.•BKYPTWRJRJY https://www.dmdc.osd.m i 1/scra/owa/scra.prc_Select 5/21 /2007 vV p~ N C ~~ rF"~ ~~. ~Fr~ -. ~~. <: T; ~` .: '`" ~. ( i ~.. w c.~ .._rt ~t -4 fV CJ7 i.:: 'i t ~~ ~~ ~rn -G Joan Sunday c/o Erie Insurance Group Plaintiff vs Alfredo Cruz Defendant To: Alfredo Cruz, Defendant (s): } In the Court of Common Pleas } Cumberland County } Pennsylvania } } } } } Docket No. CV-0000649-06 } Civil Action } You are hereby notified that on _~ ~ 2007, the following (Order) (Decree) (Judgment) has been entered against you in the above captioned case. Date: ~~3/ f 4 ~ s ~ ~_ (Prothonotary) /G'G Alfredo Cruz 483 Slaceman Drive, Lot 3 New Cumberland, PA 17070 ~~ Erie /~ ~~ I nsu rance Kerry J. Ritchey, CPCU, AIC Assistant Vice President & Claims Manager Branch Office 4901 Louise Drive Rossmoyne Business Center P.O. Box 2013 Mechanicsburg, PA 17055-0710 717.795.8200 Toll Free 1.800.382.1304 Fax 717.795.2315 www.erieinsurance.com July 30, 2007 Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Erie Claim # Our Insured: Date of Loss: Defendant: No. and Term: 010170865176 Joan Sunday OS-22-2006 Alfredo Cruz # 07-3257 Dear Sir or Madam: I certify that the above-captioned Judgment is a result of a Motor Vehicle Accident. Sincerely, Sandra Goodling Subrogation Specialist 1-800-382-1304 SG:car The ERIE Is Above All In Service®. We commit, care and serve. It's our true blue promise. {~'? ~ p "' ~~ ~ ~~ ~~-' c~ ~~ ~ ~ ; ~ `{y~ .;, -- --~ t" i : "c7 ""~ -r ~ ~ ~ y ,..., r~ __- C~ N ~' C_ C~.J ~~a. to ~ i~J ~t3 ~.1 .~ ~,, -•G i~ s _ Erie -Insurance -Exchange- ----- ..................... _ f Qr- -Joau__S.unday---------------- ----------------- Alfredo Cruz - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In the Court of Common Pleas of Cumberland County, Pennsylvania Judgment in favor of Plaintiff on ----?f 15_07 ------- -------------------------------- for 854.02 ------------------------------------------0.,;; ----- No. -325 7 Civi-l ----- Tenn, 007 2007 -257 -------- ------- --------------------------------•------- I Nov-ember-_l_,_ - 2006 Entered ----------------- -- ---------------------------------------------------- - Erie -Insurance Exchange-------------- ---------_---_-------------_- Plaintiff in the abov Judgment, do appear and acknowledge that on this day have had and received and from Alfredo Cruz the dc:andant in the above Judg-mcnt, full payment and saisfaction of the sar.ie, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, I do hereby authorize and empower----David D. Buell _____ theProthonotary of said Court, to appear __-far !Ile_-_--___--_________________________ and in MY name and stead to enter full satisfaction upon the record of said judgment, as fully and effectually, to all intents and purposes, as I . could were I personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereof, we have hereunto set our hands and seals this __ ZLO ---------------- 2011 day of --- October ---------------------------------, A.D. .' sail -?-- ---------------------------- (Seal) Christy---- Harrisburg Claims SuV?isor State of Pennsylvania ` y (Sehl) County of Cumberland _j Personally app r ed before me, the subscriber, -- --- bX!s14 _Smxers-------- Y`? -- e A co :D - f - - THi - ------------- +-?- F WT SEAL - WM.Jti+ S?1 9 -- ----- SHANK M. - - ----------------- - ------- e?1IM?`?l? ---------------- -------- -------- ------- the f'lainC im°the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg- ment se, forth, to be an act and deed, and desired that diz same shall be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County. In testimony whereof, I have hereunto set my hand and seal this ----------- 27-Lh-__-________----------___-_-- day of - Oc.tober.......................... ;a. ». 2011 ---------------------------- ..-------------------- (Seal) ' Claim# 010170865176 SG POWER OF ATTORNEY TO SATISFY JUDGEMENT I (We), Joan Sunday, do hereby appoint, authorize and empower Erie Insurance Exchange to appear and in my (our) name stead to acknowledge receipt of full satisfaction of any judgment(s) obtained on my (our) behalf against Alfredo Cruz and to enter full satisfaction of such judgment on the records of any Court, as fully and effectively, to all intents and purposes as I (we) could were I (we) present in person to do so. With intent to be legally bound, I (we) set my (our) hand(s) and seal(s) this O9 day of , 20 WI SS: x (SEAL) Sunday laintiff x (SEAL) PP Plaintiff STATE OF : t? P SS: COUNTY OF: CL{ 71 &rhn? Personally appeared before me, the subscriber(s): dm n 'l J, a , and in due form of law acknowledged the within and foregoing Power of Attorney to acknowledge and satisfy any judgment set forth therein, to be his(her) (their) act and deed, and desired that the same shall be filed of record in any Court. WITNESS WHEREOF, I have set my hand and seal this 48 '-'-day of t? LSE , 20 Ca OTARY PUBLIC (SEAL) NOMML MME 0/11t/ A MOMM NOW ?do* tMW80MM011. 1* Cowm* lOn 14" Ain M,1010