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Home My WebLink About04-1816 o. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff No. otf- i ~ /(P ~~ vs. COMPLAINT IN CIVIL ACTION CHRISTINA A. BOOK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Mo1czan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A ] 52 I 9 (412) 434-7955 WWR#03319294 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff vs. C. 'IA' . OJ~ If/!, ~-r:- IVl ctlOn No. 7 CHRISTINA A. BOOK Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court wilhout further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 1. 88202. COMPLAINT Plaintiff is a corporation wilh offices in 1999 BROADWAY, STE 2150, DENVER, CO 2. Defendant is residing at 1 Hickory Lane, Mechanicsburg, P A ] 7055. 3. Defendant applied for and received a credit card issued by Plaintiff's assignor bearing the account number 4024116003522032. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of April 8, 2004, in the amount of $8,423.77. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 19.74% per lmnum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed andlor refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Christina A. Book, individually, in the amount of $8,423.77 with continuing llinance charges thereon at the rate of 19.74% per annum from April 8, 2004 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. w:::~~-f~ PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:033 19294 003402411600352203220020528 Bank 01 America ~ 0010000 0000000 0000000 4024116003522032 11..1..1,1,11..,1,..1"1,1"11,..,11..11,,,1,1,,11,,,1,1,1,,11 BANK OF AMERICA P.O. BOX 53132 PHOENIX AZ 85072-3132 PaymenlCoupon 1,,,111,..111,..,1,1,,1,1..1..11,,,1..,11,1,,111,,,,,,11,1,1,1 CHRISTINA A BOOK . 1 HICKORY LN MECHANICSBURG PA 17055-4714 Accoollt Number 40241160 0352 2032 ,l'Il>w'IIiiIan.""'. ""'!lii!i~%;;~.'\'.'~",iji~\\;,!,:;!:%';1!::;,::')i,;li'.,b.:Ji!l.},~ ...._........u.............__..u..-__....._.......".... ._...."..............._ Past Due Amount $ 0,00 ~~m.~ij'~~~!&~~~~i\~~~3j~;;i~';;:;';:f,~~~~ Total Minimum PaYment Due $ 0,00 Amount Enclosed $1 I' Make check or money order payable 10 Bank of America. --j CHRISTINA A BOOK PaQi'1011 Account Number; 4024 1160 0352 2032 Bankol America ... Your Bank of America Visa Account Customer Corner THIS IS YOUR NEWLY DESIGNED BANK OF AMERICA CREDIT CARD STATEMENT. NOW. IT'S EASIER THAN EVER TO READ YOUR MONTHLY STATEMENT. TAKE A LooKI 24-Hour Customer Service For Lost or Stolen Cards 1.800.732.9194 1.800,848.6090 Pay online! Visit www.bankofamerica.c,l)m Transactions POST. TRANS. REF. DATE DATE NO. MAY 16 MAY15 11111111111111111111111 CREDrT-ACCOUNTSOI.O DESCRIPTION AMOUNT CR=CREDlT CAS 6,'156.38 Aceount Summary Previous Balance Purchases . Cash Advances Other Debits Credits FINANCE CHARGE Payments New Bafance + . . $ 6,156,38 $0.00 $0.00 $0.00 $ 6,156.38 $0.00 $0.00 $0.00 . Finance Charge Summary Corresponding APR Daily Periodic Average Daily Minimum (M) / Rate(DPR) Balance(ADB) Periodic (P) Charge Purchases Cash 0.00% 0.00% 0.00000% 0.00000'% $0.00 $0.00 $ o.oOP $ o.oOP ANNUAL PERCENTAGE RATE 0.00% v=Variable kJ~Jwn0rl I!). ~ Dr 0 qro ol b~{X)" l~ EXHIBIT , This is an electronic reproduction of the front side 01 vour statement and does not contain the disclosures which-were made on the reverse side 01 your oriqinaJ statement VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is -P=\-.;=r- L:>. ts.<"='=>~ (NAME) ~0-,,-\....-':;;,ns.J.. ~~\:-- of CAc." c? C0Ld:.Au.o. L.L<. ,plaintiff herein, that (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. --~~ ~ (SIGNATURE) 03319294 ~)~ - ~::? '?'.J Jv ~ ~ ...n ? J 0' \ '-!'i Jlo,C _ )' l/' c: c..J ~ ~.~ z;g u,')?; ~i5 i2 ~ -< . . , ~ ~0 ; ~\ ~ gm ~ ~ ~ ~ CACV OF COLORADO, LLC, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAlID COUNTY, PENNSYLVANIA v. NO. 04 - 1816 CIVIL TERM CHRISTINA A. BOOK, DEFENDANT TO: CACV OF COLORADO, LLC You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ~_ 1). ~ Thomas D. Gould Attorney for Defendant I.D. # 36508 2 East Main street Shiremanstown, PA 17011 (717) 731-1461 CACV OF COLORADO, LLC, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - 1816 CIVIL TERM CHRISTINA A. BOOK, DEFENDANT DEFENDANT'S ANSWER TO PLAIN'i'IFF'S COMPLAINT AND NEW MATT:E:R AND NOW comes the Defendant, Christina A. Book, by and through his attorney, Thomas D. Gould, and files the following answer to plaintiff's complaint and New Matter averring: 1. Denied. After reasonable investiqation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Strict proof is demanded. 2. Admitted. 3. Admitted that defendant had a credit card account with account # 402411603522032. Denied that the credit card was issued by Plaintiff. Defendant's credit card was issued by Bank of America. Strict proof is demanded that plaintiff has the assigned rights to defendant's Bank of America's credit card account. 4. Admitted that defendant used her Bank of America credit card account in 1997. Denied that defendant owes plaintiff $8,423.77. Denied that exhibit 1 is a trUE, and accurate statement of defendant's account with Bank of America. Denied that exhibit 1 is a statement of account from plaintiff. 5. Denied that defendant is in default of her cardholder agreement with Bank of America. Admitted that defendant has never made any payments to plaintiff. Denied that defendant owes plaintiff any money. Denied that defendant has any card holder agreement with plaintiff. strict proof is demanded. 6. Denied that defendant has any card holder agreement with plaintiff. Denied that defendant's card holder agreement with Bank of America provides for additional finance charges of 19.74%. As evidenced by exhibit 1, there is no interest rate listed in the "Finance Charge Summary". 7. Denied that plaintiff has requested defendant to make any payments. Defendant last had contact with Bank of America in 2002. At no time, prior to the filing of their complaint, did plaintiff contact defendant. Plaintiff has never requested defendant to make any payments. WHEREFORE, plaintiff's complaint should be dismissed. NEW MATTER 8. The responses to paragraphs 1-7 are hereby incorporated as if set forth in their entirety. 9. Defendant never entered into a card holder agreement with plaintiff . 10. Plaintiff never extended credit to Defendant. 11. Defendant incurred debt to Bank of America many years ago and has not used the Bank of America credit card in more than 4 years. 12. Defendant made numerous payments to Bank of America prior to 2002. 13. Defendant believes that all or most of her debt incurred to Bank of America was paid in accordance with the card holder agreement. WHEREFORE plaintiff's complaint should be dismissed. Respect::u11y submitted, ;J;:,.,.,,44 "t>. ~JHt,4:I Thomas D. Gould Attorney for Defendant I.D. 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Answer to plaintiff's complaint and New Matter are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: S/I/tJ7" ~~a&~ Christina A. Book CACV OF COLORADO, LLC, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAlID COUNTY, PENNSYLVANIA v. NO. 04 - 1816 CIVIL TERM CHRISTINA A. BOOK, DEFENDANT CERTIFICATE OF SERVICE AND NOW, this /1'f1r day of May 2004, I, Thomas D. Gould, Esquire, Attorney for Defendant, Christina .~. Book, hereby certify that I have this day sent a copy of Defendant's Answer & New Matter by depositing a copy of it in the United states mail, postage prepaid, addressed to: WILLIAM T. MOLCZAN, ESQUIRE WELTMAN, WEINBERG & REIS CO., 2718 KOPPERS BUILDING 436 SEVENTH STREET PITTSBURGH, PA 15219 L.P.A. DATED may ~ ~~d Y ~"1_b.~ Thomas D. Gould, Esquire ID # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 '~. .' fj'i~:c' -, :L~:.: :?:- -" -' , () f~; (;~~ :~)r '" ~ "'" ..,. 5:: ~ ':-1 ::t.,., 10, "'-' ,- "r;r!1 .-,;cg () C-j ~ , 1-- '"'j-:U ~?C) (")IT] ":.r ;h .J:) '" -;--'1 -..: - - :::: _c ~~ - <.v SHERIFF'S RETURN - REGULAR CASE NO: 2004-01816 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS BOOK CHRISTINA A RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon BOOK CHRISTINA A the DEFENDANT , at 0015:30 HOURS, on the 3rd day of May , 2004 at 1 HICKORY LANE MECHANICSBURG, PA 17055 by handing to CHRISTINE A. BOOK a true and attested copy of NOTICE together with COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 .00 10.00 .00 35.59 ~t(-:: -~ /"~f- R. Thomas Klin't .. Sworn and Subscribed to before 05/04/2004 WELTMAN, WEINBERG & REIS By: / L /~u~LSheriff . me this 1::1 tt.. day of ~ dl.~.--s Y A.D. +... I":. ~ _- ___ _ ./J..4;it;;' GI Prothonotary' -r -~ IN TIre COURT OF CO"",,O" pLEAS OF CUMBERLANO CO_V, pEN""L V ^"lA CIVIL DIVISION CACV OF COLORADO, LLC. Plaintiff, CASl~ NO. 04-1816 CIVIL vs. TYPE OF PLEADING: REl'L Y TO DEFENDANT'S NEW MATTER CHRISTINA A. BOOK Defendant, FILED ON BEHALF OF: P'iaintiff COUNSEL OF RECORD OF THIS l'ARTY: WILUAM T. MOLCZAN, ESQUIRE pA l.D.#47437 Weltman, Weinberg & Reis Co., L.P .A. 2718 Koppers Bldg. 436 Seventh Avenue l'ittsburgh,pA 15219 (412) 434-7955 WWR # 03319294 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACV OF COLORADO, LLC. vs. CIVIL DIVISION CASE NO.04-l8l6 CIVIL Plaintiff, CHRISTINA A. BOOK Defendant, PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, by and through its Counsel, Weltman, Weinberg, & Reis, Co. L.P.A., and hereby files this Reply to Defendant's New Matter in the above-referenced matter. In support thereof, Plaintiff avers as follows: 9. Paragraph 9 of Defendant's New Matter is admitted. By way of additional pleading, the obligation referenced in the Complaint was assigned to Plaintiff after the parties entered into the referenced card holder agreement. 10. Paragraph 10 of Defendant's New Matter is a conclusion oflaw to which no response is required. 11. After reasonable investigation, Plaintiff is unable to determine the truths of the averments contained in paragraph 11 of Defendant's New Matter, same are therefore denied. 12. After reasonable investigation, Plaintiff is unable to determine the truths of the averments contained in paragraph 12 of Defendant's New Matter, same are therefore denied. 13. After reasonable investigation, Plaintiff is unable to determine the truths of the averments contained in paragraph 13 of Defendant's New Matter, same are therefore denied. WHEREFORE, Plaintiff demands judgment against the Defendant as originally pled. Respectfully submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. ~(",~ By: /' J ~ WIL lAM t. MOL PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#033 19294 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of his lrnowledge, information and belief. 5~qj//L( Date ii1tti:: CERTIFICATE OF SERVICE A true and correct copy of the within Pleading has belm served by U.S. Mail, Postage Pre-Paid, on the I q day Of~' 20M, upon the following: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, P A 17011 C) ( .<- -"j -, . . '" c:.~) C:::) ~- o oJ .---1 ~ -'~- .', [.11= ~"3 21 ~)(~ ~:~ -j'j ~'? ;:,I~ <',~, rn --:: r',) -co ", ...- " 'Do '>:1 :.......... CACV ~F COLORADO, LLC, ~Iaintiff, No. 1816 CIVIL 2004 ... IIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION vs. PETITION FOR APPOINTMENT OF ARBITRATORS CHRISTINA A. BOOK, Defendant. FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03319294 .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, No. 1816 CIVIL 2004 vs. CHRISTINA A BOOK, Defendant. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: James C. Warmbrodt. Esquire, counsel for the Plaintiff in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $8,423.77. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: James C. Warm brodt, Esquire and Thomas D. Gould, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted WELTMAN, WEINBERG & REIS CO., L.PA ) .. ---~/\ A I A j> {)(l/ V V~)v/ JAI\i1 S C. WARMBRODT, ESQUIRE PA IP42524 We~man, Weinberg & Reis Co., L.PA 2718 Koppers Building Pittsburgh, PA 15219 j412) 434-7955 ./ :/ / By: .' CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators has been served by U.S. Mail, Postage Pre-Paid, on the eX g-I!J day of ArYl'! 2005 upon the following: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Respectfully Submitted: WELTMAN, WE~ERG & REIS C?--,,> LP.A. ~ ~/V~// James C. Warmbrodt, Esquire Pa. I. .#42524 Attar ys far Plaintiff 271 Koppers Building 43 Seventh Avenue , ttsburgh, PA 15219 412) 434-7955 ~ -- t: \r, ~ ~ --- V) ~J ~ r ~~ n c: D ~ "'c) ------ \ ~ <-' C? C:~:1 c.Jl - - '~V": ~""... () ..n .-1 ~-c. ....,-, fnr-:;;' -n C\; -,::-j"", ~:_:"; 1 \ 0] ~::: ('-' .r;" ...-'.' -- . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, No. 1816 CIVIL 2004 vs. CHRI$TINA A. BOOK, Defendant. ORDER OF COURT J. AND NOW, this day of , 2004, it is ORDERED, , ADJUDGED and DECREED that in consideration of the foregoing petition, , Esquire, , Esquire, and ! prayeJ for. I , Esquire, are appointed arbitrators in the above captioned action as BY THE COURT: '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, No. 1816 CIVIL 2004 V5. PETITION FOR APPOINTMENT OF ARBITRATORS CHRISTINA A. BOOK, Defendant. FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03319294 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, No. 1816 CIVIL 2004 vs. CHRISTINA A. BOOK, Defendant. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: James C. Warm brodt, Esquire, counsel for the Plaintiff in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $8,423.77 The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: James C. Warm brodt, Esquire and Thomas D. Gould, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. WELTMAN, WEINBERG & REIS CO., L.PA ) -~?VVlv /' By: S C. WARMBRODT, ESQUIRE PA I. .42524 We~man, Weinberg & Reis Co., L.P.A. 2718 Koppers Building Ztsburgh, PA 15219 /,412) 434-7955 r CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators has been served by U.S. Mail, Postage Pre-Paid, on the ;J., ~ day of lip,! '! 2005 upon the following: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Respectfully Submitted: WELTMAN, WEI,ERG & REIS C~L.P.A. 1;~);;>V~// James C. Warm brodt, Esquire Pa. I. .#42524 Attor ys for Plaintiff 271 Koppers Building 43 Seventh Avenue i ttsburgh, PA 15219 412) 434-7955 ~ "- \:; IJ) ~ D ~ 7h- V") ~ ~J ~ - ~ (- ~J;- ~'~,',~~" r::.\. <. :---:>.' :1;~ {~~ '';'::,-. :l. -". .... '~ I':: (~ _.~ ~, (") c; o -n :?..,., ", 4', -ni,.....; :;~Xt!, -'~::. -r~ ~ (;;i~~ -- .. 'V" '?:? r-' "'" C'...:..... c.f1 ...,. ...,. Y" -c: \ v:> v-' .. I' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, No. 1816 CIVIL 2004 VS. CHRISTINA A. BOOK, Defendant. ORDER OF COURT AND NOW, this j'f0 1 day of ~ , 2004, it is ORDERED, ADJUDGED and DECREED that in consideration of the foregoing petition, /04 ,bu/,tJ'ltc?f-t"u<.-!Esquire, j.f~L '/'/{'i- Esquire, and '} .1 ~I (/1/., ~1A"-1A/?#.v~squire, are appointed arbitrators in the above captioned action as I prayed for. BY THE COURT: ~ ,) f. J. --,'>C'''' _,'I: ;,j llJ : II ~iV 11-}, VI! SOOZ },U'v'lC;:,U"Wdd 3Hl :10 3=,!j:IO'G,TIH LAW OFFICES SNELBAKER & BRE:NNEMAN, P.C. CACV OF COLORADO, LLC, Plaintiff v. CHRISTINA A. BOOK, Defendant AND NOW, this 5.d NO. 04-1816 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT day of r , 2005 it is Ordered, Adjudged and Decreed that the appointment of Brian Bomman, Esquire as lill arbitrator in the above case is hereby vacated and that (), A1.Au j "-<-I A .tk ~ rf t -~ appointed in his place as an arbitrator in the above-captioned action. ~ ~-KL4<<.e41, \ CllitP<(,t.~ (I~-f- /9-dJi{;xu2cl"tn , Esquire is hereby BY THE COURT: ~ PJ. ~/' . . c/ ~I..._D-"'> -~ Lr VINV'^lASNN3d MNnOCI (\ro["ij3Si'ln2J S J :" 10111 C- NOnOOl AbV10NOHlOtkl 3Hi :10 3QI:Bo-<J3ll:l Oath We do solemnly swear (or affIrm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our offIce with fidelity. I~ Signature G.&b ~ 170/3 City, Zip "W1f3 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) (t4 ( y' ()It; ~t.h(7;{I7" UC . . . Plaintiff ~lMlsr;.{", 4. ~ !<'&11"!f ()-, ~.r/OIf4N Name (Chairman) !)vttMFl-} t!.eWII/!)1t>w, I? c: Law Finn 1/'/ w !1kL" ~f7' Address i&~"/f~";1 ~ 1"106"5 City, Zip .. / a.Sf6 In The Court of Common Pleas of Cumberland County, Pennsylvania No.d- / ~ /6 Defendant Civil Action - Law. Signature ~ J;..w~N.. S,E.tAS. b"f"//f'( Name Name ~.cfJo..r /%;"'h~&~f LawFinn r ~ fie. 10. 'c,.~r /t'9/i S~?lff Address Law Finn .--.'-----.'-.---.--,..- Address City, Zip :T~ 141/6-<' td- 7'/t Ot.-/,"/Q"f '/Va ~,,""sf- #r /i:,.r,.;liI . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 4r z..~, ~a;~ Date of Award: ~ 2), ;u.,r ~~,~~~~1fI'",~: ~~ii.titt~~~~: (Chairman) &li~tl Notice of Entry of Award Now,the 0(-1 day of /:7"~;I"..::::v ,200~,at i/:/:L ,-.l! .M.,theaboveawardwas entered upon the docket and notice ther of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 0('7 (). -. , .'. I @ I'~I~ Jf;~ By: rothonotary hNl ~ ~-r7 Deputy ~""7 fl.t" (i-<6/~"r.;,(.J , , IN THE COt :In OF COMMON PLEAS OF CUMBF:RLAND COUNTY. PEN\JSYLV ANIA CIVIL DIVISION CACV OF COLORADO, LLC. Plaintill No. 1816 CIVIL 2004 vs. Pl.AINTlFF'S NOllCE OF APPEAl. FROM A WARD OF BOARD OF ARBITlRATORS CHRISTINA A. BOOK Defendant FilED ON BEHAl.F 01 Plaintill COUNSEL OF RECORD OF TIIIS PARTY: James C. Warmbrodt. Esquire PA I.D. #42524 WELTMAN, WEINBERG & RUS CO. l..PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh. PAl 5219 (412) 434-7955 WWR#03319294 IN THE COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA CACV OF COLORADO. LLC'. VS. ) ) ) ) ) ) ) ) ) ) No. 1816 CIVIL 2004 Plaintiff CHRISTINA A. BOOK Defendant NOTICE OF APPEAL FROM A WARD OF BOARD OF ARBITRATION TO THE PROTHONOTARY: Notice is given that Plaintiff, C ACY of Colorado, LLC. appeals Irom the award ofthe board of arbitrators entered in this case on Au~ust 24. 2005. i i A jury trial is demanded (Check box if ajury trial is demanded. Otherwise jury trial is waived.) 1. The compensation of the arbitrators has becn paid. or 2. Application has been made for permission to proceed in f(mna pauperis. (Strike out the inapplication clause) NOTE: Governed by Rule 1007. [ (b). (b) No aftidavit or veritication is required. CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Notice of Appeal trom A ward . c- of Board of Arbitrators was served on the W day of .512-fI-- 20()-':;> . by Regular mail. addressed as follows: Thomas Gould, Esquire 2 East Main Street Shircmanstown. P A 1701\ ~ (") ,..., Q, """ c c::.:> ~ , c..n ~:rJ 'f (/l ~ q rnr-: (j<.. ~o\1'1 N :I~Y .s> v:> l_.O .. ~ '" ;p" ":i=:i} C>'J -:Jr. '.)0 .() 0 )J ,--' t{" ,.'. Cf! OQ ~~, :"~, ~ ,.S) ;;p- C> :::. r ,~ , 0' d - ------- t ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff No. 04-1816 CIVIL vs. PRAECIPE TO SETTLE, DISCONTINUE & END CHRISTINA A BOOK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire Pa. I.D. No. 42524 Weltman, Weinberg & Reis, Co. LLC 2718 Koppers Building 436 71b A venue Pittsburgh, PA 15219 WWR#03319294 , .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 04-1816 CIVIL CHRISTINA A BOOK Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid. Sworn to and subscribed Before me the is-<- y f June, 2006 COMMONWEALTH OF PENNSYLVANIA Notarial Seal HeidiJ. Kelly, Notary Public City Of PilIsbuIgh, Allegheny Coun~ I\~- ~nm.rnls~ion Expires Nov. 4. 2009 ------,.,--..-.--- '\/I..,nlt)"l P''o'nnsylvflnii' /\.:;suciBlI-ln "f !lJnt:=!cries .... . C) c: ,..., c."::) C.., 0.... (~~;::~ - 0' ,.") :::-'., .--\ ~..,., vn~:: ~ ._:':~~~(.~:-. -:"1 -:( , ,,'_,If' ,.:;~ ~ ~, '-? - o