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:dward T. Powell
13223 Black Mountain Road
Suite 1-263
San Diego, California 92129
(858) 484-8500
Assignee of Record in Pro Per
Cumberland County Court of Common Pleas
State of Pennsylvania
Edward T. Powell
Plaintiff,
VS.
Winnona Munday
Defendant.
Application and Affidavit for Entry of
Judgment from a Foreign Judgment
Judgment Assignee, Kent A. Vander Kamp /dba/ Eagle Equity Services, applies
for entry of judgment based upon a foreign {sister-state) judgment as follows:
1. Judgment Debtors:
Winnona A. Munday
5205 East Trindle Road
Mechanicsburg, PA 17050-3552
2. Original Plaintiff:
Edward T. Powell
13223-1 Black Mountain Rd PMB263
San Diego, CA 92129
3. Foreign State issuing original judgment:
CALIFORNIA
4. Name of Foreign Court issuing original court:
Superior Court of California
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E1 Cajon Judicial District
250 East Main Street
E1 Cajon, California 92120
i. Date that foreign judgment: September 24th, 1998
6.
7. An authenticated copy of the foreign judgment is attached to this application.
Include accrued interest on the foreign judgment as in the foreign (California)
judgment.
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:
8. Amount of filing fee for this application:
9. Accrued interest on foreign judgment:
~0. Total amount to be entered on the foreign judgment:
$1,046.00
$15.00
$349.11
$1410.11
An action in this state on the foreign judgment is not barred by statute of
limitations.
~2. 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.
]3. 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
~nd 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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1 ated : November 12, 2001
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5 Edward T. Powell
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VlNVA'"I,~SNN~c!
9 1 .~5 H~ 9- 33d ~0
1 Eagle Equity Services
13223-1 Black Mountain Road PMB263
2 San Diego, CA 92129
858-484-8500
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Assignee of Record in Pro Per
Cumberland County Court of Common Pleas
State of Pennsylvania
Murray
Plaintiff,
vs.
Tamara Radford,
_ Defendant.
No.
Judgment
Based on the attached Application and Affidavit for Entry
Judgment from a Foreign Judgment and in accordance with the attache<
exemplified record of the California Superior Court;
Judgment is entered in favor of the said creditor(s) and against
Winnona A. Munday of 5202 East Trindle Road, Mechanicsburg, PA 1705(
in the sum of $ /~0,11
Judge
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I ~_ ~ m_oney, and p~perty mayL'~
~- PLA/NTIFF/DEMANDANTE (NAME AND ADDRESS OF EACH) -~
SAN DIEGO SUPERIOR COURT, EAST COUNTY DIV~ISiON
250 EAST MAIN ST., EL CAJON, CA 92020
o vrEs i; 2 voa,os
~. °rteS ' Le ea l reverso de I
EDWARD T. POWELL
5896 AMAYA DRIVE
LA MESA, CA 91942
DEFENDANT/DEMANDADO(NAME AND ADDRESS OF EACH)
WINNONA A MUNDAY
8965 BUBBLING WELLS ROAD
LAKESIDE, CA 92040
.__~ See attached sheet for additional plaintiffs and defendants.
Judgment was entered as checked below on (date): NOTICE OF ENTRY OF JUDGMENT
l. [] Defendant (name if more than one): 09f24/98
shall pay plaintiff (name if mom than one): CORRF,,L-*ri~ COPy
$ 1,000.00 principal and $ 46.00 costs on plaintiff's claim.
2. [] Defendant does not owe plaintiff any money on plaintiff's claim.
copy of the original on file in I~is of~.
A~st: ~nll n R 2~II~(-
STEPj:j~ ~HUNBERG ,~
3. [] Plaintiff (name if more than one):
shall pay defendant (name if more than one):
$ principal and $ costs on defendants claim.
4. [] Plaintiff does ~ot owe defendant any money on defendant's claim.
5. [] Possession of the following property is awarded to plaintiff (describe property):
6. [] Payments are to be made at the rate of $
full. If any payment is missed ,u .... . _ ~ , p~,r: , beginning on: and on the
, -,~ ~utLre omance may oecome due immediately.
7. [] Dismissed in court [] with prejudice [] without prejudice.
8. [] Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC- 132) is attached.
9. Other: [] Costs to be paid to the Court [] Judgment is Joint and Several as to defendants
Cle~ of ~,e Supe~ Cou~ of the Stae of Califoml~
of each month thereafter until paid in
I0 [] This judgment results from a motor vehicle accident on a California highway and was caused ?,y the ju.,dgment debtor's operation
vehicle. If the judgment is not paid, the judgment creditor may apply to have the judgment debtor s driver s license suspended.- of a motor
11. Enf°rcement of the judgment is automatically postponed for 30 days or, if an appeal is riled, unffi the appeal is decided2
12. []This notice was personally delivered on to (insert name(s)):
EXHIBITS: Pursuant to CCP 1952,
final determination on A al. exhibits will be destroyed 60 days after date of mailing of this notice, or if an appeal is taken, 60 days followinl~
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 shown below.
Place of mailing: El Cajon, California
Date of mailing: {FJ/24D8 CORRECTED COPy
MAILED 01/27/99
~ Kenneth E. Martone, Clerk of'~-A o ....
u,~ oupenor court by L P
L____~-The Countv nrovides ........... ' ARKS',
alimll claims ailvi$or $ervic ~ ~ ~.
uu~cm~ Uoun¢il of California n~u/IL;l~ OF ENTRY OF JUDGMENT ~ ....... -,-~,: t,:verse. - .j
$c-130 (Rev. ,January 1, 10gg) (Small Claims) Cal. ~ulos of Court, mia ~82.7
Code of Civil Procodure, socfion 11~.$10
INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE ~
· · ' . ' d ment or dec s on of the court appears on the front of this sheet. The court may
Your small claims case .has been decided _T_he ju g,~, T~,,, ,,~,r,~nn lot business~ who won the case and who can collect the.money
have ordered one party, to pa,~.mon.,.e~y to_t_h..~_o_th~e~r, p~,rt~,:,~,~-~ ~'i(~t the case ~nd who owes the money is called the judgment
is called the judgment cred,tor. /ne pe,~u, u~, "'~o ..... j -- -
fdebtor. . ........... , .....eal ends or unti the appeal is decided. This means that the
· DSt onea Un[ll [ne t.~= ,v~ al-' '
Enforcement of the juagmen[ is p_. ~ ,-s' n i~'this oeriod is over. Generally, both part~es may be represented
iudgment creditor cannot collect any ,,uney or take any a_.ion u t ~
'by lawyers after judgment.
IF YOU LOST THE CASE . · ·
1. If you lost the 'case on your own,cia m and the court did not
award you any money, the court s decision on your claim is
FINAL. You may not appeal your own claim.
2.
b. VOLUNTARY PAYMENT
Ask the judgment debtor to pay the money: If your claim
was for possession of property, ask the juegment debtor
to return the propertyto you. THE COURT WILL NOT
COLLECT THE MONEY OR ENFORCE THE JUDG-
If you lost the case and the court ordered you to paymoney,
your money and property may be taken to pay the claim
unless you do one of the folloWing things:
a. PAY THE JUDGMENT
The law requires you to pay the amount of the iudgment.
You may pay the judgment creditor d rectiy, 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 ou disagree with the..court's .de, cisi.on., you, may_.a_.p.p_e_a~
thYe decsion on the Diner panys claim· ~'ou mu~
appeal the decision on your own claim. However if any
a~ty appeals there willbe a new trial on all the claims. If
~P~. ~nr~eare~' at the trial, you must begin yo~ur,,ap[:),,e, al__by~
~[~n-~3~ ca ed a No§ce of Appeal (f?m ?b-
~'~?t~°re~u~ired fees ,within .30 days a..?_e~rt~n.e~aa~ee~"~[
No,ice of Entry of JuDgment was ma,au u~
o~. Your appeal wil~be in the superior court. You will
~ave a new trial and You must present your evidence
again. You may be represented by a lawyer.
c. VACATE OR CANCEL THE JUDGMENT
if yeu did not go to the trial, you may ask the court to
, va~:ate or cancel the judgment; To make this request, you
~-must file a Motion to Vacate the Judgment (form SC-135)
and ay the required fee within 30 days after the date
,~,;~ P~,~;,.~ nf Entry of Judgment was mailed. If y.o.ur
;."~<~ue'~'~'i~'de-niedl y'ou then ~.a.ve./.O days from, the oats
the not ce of denial was mailecl to t,e an appea~.
The period tO file the Motion to Vacate the Judgment is
180 days f you were not propedy 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. · ·
sued b the other party and you won the case,
1. [f~y__ou.~w~e.,r~e~,~ ,~art~Ymav not appealthe court's decision.
2. If you won the case and the court awarded you money, here
ar~ some steps you may take to collect your money or get
possession of your property:
a. COLLECTING FEES
MENT FOR YOU.
c. STATEMENT OF ASSETS
If the iud ment debtor does not pay the money, the law
requires ~e debtor to fill out a form ca led the Judgment
Debtor's Statement of Assets (form SC-133). This form
w I tell you what property the judgment debtor has
may be available to pay your claim. If the
debtor willfully fails to send you the compls~.ed
ma file an Application and Order to Produce Statement
and to A ear for Examination (form SC-134)
of ~ssets PP · ' and
and ask the court to give you .y.our aff..or, ney~_f, ee_s. .... .
expenses and other a~propnate relier, alter
notice, under Code of Ciwl Procedure section 708/170.
d. ORDEROF 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 Appearanct~ 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 iudgment debtor. You may also
obtain the judgment debtor"s financial records. Ask the
clerk for the Civil Subpoena Duces Tecum (form
982(a)(15)).
e. WRIT OF EXECUTION
After you find out about the judc~ment debtor's property,
ou may ask the court for a r~Vdt of Execution (form
~J-130) and ay the required fee. A writ of execution is a
court paper t~atte s aiaw officer to take property of the
'ud ment debtor to pay your claim. Here are some ex-
J~les of the kinds.of property, the o. ffi_ce_r,_..m,_ay bhea:ibnl:~
take: wages, bank account, au[omog-,~, ---
property, or rental income. For some kinds of prope _r~/,
you may need to file other forms. See the law officer for
information.
f. ABSTRACT OF JUDGMENT
The iudgment debtor may own land or a house or other
uddm s You may want to put a lien on the property so
b ' g ' . - rD ert is sold You can eta
hat ouw[llbepa~d~fthep P Y . .; .... g} ....
}i~n ~V filina an Aostract of Judgment.
Sometimes fees are charged for filing court papers or for ~'~i~ {'~e cou~nt~ recorder in. the county.wne, re~ ,~,ne_
serving the judgment debtor. These extra costs can i.~ located. Th~ recorder will charge a ree~or
become part of your original judgment. To claim these of Judgment.
fees, ask the clerk for a Memorandum of Costs.
paid in full, you must fiji out the for~
NOTICE TO THE PARTY W~O WON: As soon as you have been has been recorded you must use '~'n-o~h~r form; see
the court immediately or you may be fined. If an Abstract of Judgment ,
L_.?erk for the proper form.
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 ~ iudgment creditor. ~ 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~
p age two
sc- ~o,~o,, ~ ~ ~9991 NOTICE OF ENTRY OF JUDGMENT
(Small Claims)
· £ase Number: ~ 91307~ Case Name:
I, ~TEPHEN 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 I have custody of the seal and all 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 November , 2001
STEPHEN THUNBERG
Clerk of the Superior Court of the State of California
for the County of San Diego
I, Herbert J. Exarhos
, Judge of the Superior Court of the State of California
for the County of San Diego, certify that STEPHEN THUNBERR 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
is certificate is in due form as used in this state.
IN WITNESS WH/~
8 th November
Judge f~e~ the
of the Court of
ounty of San
[REOF I have hereunto set my hand this
01
, 20
State of California
Diego
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 official 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 , 2001
STEPHEN THUNBERG
Clerk of the Superior Court of the State of California
for the County of San Diego
EAGLE EQUITY SERVICES
13223-1 ~LACK MOUNTAIN ~O~D 1~M~263
~AN DIE~ CALIFORNIA 9212g
F ~5~-4~-1565
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.
y with any additional concerns
/~/n~/ander Kamp
LAW OFFICIOS
JAMES D. FLOWER
JOHN E. SLIKE
ROBERT C. SAIDIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
JOHNNA J. KOPECKY
KARL M. LEDEBOHM
JOSEPH L. HITCHINGS
THOMAS E. FLOWER
FORREST N. TROUTMAN, II
Office of the Prothonotary
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407
EMAIL: attorney@ssfl-law.corn
December 3, 2001
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Attention: Janie
CARLISLE OFFICE:
26 W. HIGH STREET
CARLISLE, PA 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
REPLY TO CAMP HII,I.
Re: Enforcement of foreign judgments
Dear Janie:
I am enclosing a copy of the Enforcement of Foreign Judgments Act enacted in
Pennsylvania which sets forth the requirements for the entry of judgments fi.om other states.
Apparently, the judgment creditor or his attomey 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
authorized to administer oaths or "is unswortl as,d contains a staten'tent that it is made s,u, bject to
the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities.
Since Affidavits that come in fi.om 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
S, SHUFF, FLOWER & LINDSAY
. S~lik~