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HomeMy WebLinkAbout04-35691N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONEDELAWARE, N.A., Petitioner, VS, BARRY J. STARNER, Respondent. No. PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: Sofia Kokkini, Esquire PA I.D. #91535 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03461989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, VS. BARRY J. STARNER, Respondent. No. Oq' ~'L q PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON AND NOW, comes Petitioner, Bank One Delaware, N.A., by and through its counsel, Sofia Kokkini, Esquire and Weltman, Weinberg & Reis, CO., L.P.A., and files the within Petition to Confirm Arbitration Award and Enter Judgment thereon. In support thereof, Petitioner avers the following: Delaware. Petitioner, Bank One Delaware, N.A., is a corporation located in Wilmington, 2. Respondent is an adult individual with a last known address of 405 Caste& Road, Mechanicsburg, PA 17055. 3. On or before November 14, 2003, Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 4417124273445806. Said Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Agreement. A true and correct copy of the pertinent part of the Agreement is attached as Exhibit "A" and made a part of this petition. 4. On or around November 14, 2003, Petitioner and Respondent submitted their dispute to arbitration as provided in the arbitration clause of the Agreement. 5. After notice was properly given to all the parties to the arbitration, the matter proceeded in accord with the applicable National Arbitration Fortnn Code of Procedure before the Honorable Jack M. Marden, as arbitrator. A true and correct copy of the proof of service to Respondent is attached as Exhibit "B" and made a part of this petition. 6. On or about February 16, 2004, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $10,233.94. A signed copy of the award, duly acknowledged, was served on the parties on or about February 16, 2004. A true and correct copy of the award is attached as Exhibit "C" and made a part of this Petition. 7. More than thirty days have passed since entry of the arbitrator's award, and Respondent has taken no action to contest/ts validity. WHEREFORE, Petitioner, respectfully requests that this Court enter an Order confirming the arbitration award, and that judgment be entered against Respondent for the full anaount of the award, plus interest at the statutory rote of 6% from the date of the award, costs and such other relief as the Court deems appropriate. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. By: Sofia Kokkin'i, Esquire PA I.D. # 91535 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03461989 IMPORTANT NOT'ICE FOR BANK ONE CREDIT CARD CUSTOMERS .~.OUT CHANGF~ TO YOUR BANK O~E C_.ARDME, MBER AGRF-EMENT J Page 5 of 12 ~ BANK_--ONE. ?,DV2.t9 12/97 jPage 6 c>f 12 ~ FedEx Express Customer Support Trace 3875 Airways Boulevard Module H, 4th Floor Memphis1 TN 38116 U.S. Mail: PO Box 727 Memphis, TN 38194-4643 Telephone: 901-369-3600 1/9/2004 Dear Customer: Here is the proof of delivery for the shipment with tracking number 618684762082. Our records reflect the following information. Delivery Information: Signed For By: B.STARNER Delivery Location: 405 CASCADE RD Delivery Date: 11/26/2003 Delivery Time: 14:47 Shipping Information: Tracking No: 618684762082 Ship Date: 11/24/2003 Recipient: BARRY J STARNER 03848050 405 CASCADE RD MECHANICSBURG, PA 17055 US Shipment Reference Information: Shipper: MANN BRACKEN LLC MANN BRACKEN LLC 229 PEACHTREE ST NE STE 7 ATLANTA. GA 303031605 US- Thank you for choosing FedEx Express, We look forward to working with you in the future. FedEx WoddwidC,,Customer Service 1-80C-Go-FedEx~ Reference No.: R2004010900107439702 EXHIBIT Bank One Delaware, N.A. C/O Mann Bracken, LLC 229 Peachtree Street, NE Suite 700, International Tower Atlanta, GA 30303-1601 CLAIMANT(s), Barry J Staruer 405 Cascade Rd Mechanicsburg, PA 17055 III NATIONAL ARBITRATION FORUM ® AWARD Bank One Delaware, N.A. v Barry J Starner File Number: FA0311000211592 Claimant File Number: 4417124273445806 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 11/14/2003 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opporturdty to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $10,233.94. Entered in the State of Pennsylvania Date: 02/16/2004 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Honorable Harold Kalina, Ret. Director of Arbitration 02/16/2004 E XHIEIIT ( VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom I~alsification to authorities, she is an attorney for the Petitioner herein; makes this Ver/fication based upon the facts as supplied to her by the Petitioner and/or/ts agents and because the Petitioner is outside the jurisdiction of the court and the Petitioner's Verification cannot be obtained within the time allowed for filing of this petition, and that the facts set forth in the foregoing petition are true and correct to the best of her knowledge, information and belief. Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, VS. BARRY J. STARNER, Respondent. No, ORDER OF COURT AND NOW, to-Mt, this day of , 2004, upon consideration of Petitioner's Petition to Confirm Arbitration Award and Enter Judgment thereon, any response thereto and good cause appearing therefore, it is hereby ORDERED, ADJUDGED and DECREED that the award entered by the arbitrator in the above captioned matter is hereby confirmed in all respects. Judgment is entered in favor of Petitioner and against Respondent in the mount of $10,233.94, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being February 16, 2004, plus costs. BY THE COURT: WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS AT LAW 2718 Koppers Building 4J6 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 BURLINGTON, NJ 609.914.0437 CINCINNATI, OH 513.723.2200 CLEVELAND, OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 245.362.6100 PHILADELPHIA, PA 215.599.1500 June 25, 2004 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Dear Sir or Madam: BANK ONE DELAWARE vs. STARNER Petition to Confirm Arbi~ation Award and Enter Judgment thereon Our file no. 03461989 Enclosed please find Petitioner's Petition to Confirm Arbitration Award and Enter Judgment thereon, which we wish to file with the Prothonotary of your county. In this regard, enclosed please find a check in the amount of $55.50, which we understand is your filing fee. Pursuant to 42 Pa.C.S.A. §§ 7317, 7342(a) and Pa.R.Civ. P. No. 400 the above-mentioned Petition should be served by sheriff. Accordingly, enclosed please find: (l) a letter of instructions for the Sheriff; and (2) a check fbr the Sher/ffin the amount of $100.00, which represents the fee for serving the Petition upon Respondent. ***PLEASE BE ADVISED THAT WE DO NOT WANT THE PETITION TO BE FORWARDED TO A JUDGE FOR DECISION*** Please forward the aforementioned items to the Sheriff's office, along with the enclosed copies of the Petition filed in the above-referenced matter. Please also provide this office with time-stmnped copies of the face-sheets in the self-addressed envelope, postage pre-paid, which is also enclosed for your convenience. Thank you i~or your anticipated cooperation. If you have any questions, please contact the undersigned at (412) 434-7955. Paralegal Enclosures SHERIFF'S RETURN - CASE NO: 2004-03569 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE DELAWARE NA VS STARNER BARRY J REGULAR HAROLD WEARY , Cumberland County, Pennsylvania, says, the within PETITION TO CONFIRM STARNER BARRY J RESPONDANT , at at 405 CASCADE ROAD MECHANICSBURG, PA 17055 DENISE STARNER, WIFE a true and attested copy of PETITION TO CONFIRM ARBITR3~TION AWARD & ENTER JUDGEMENT THEREON Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1935:00 HOURS, on the 27th day of July by handing to the _, 200_~4 together with and at the same time directing He~ attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.62 Affidavit .00 Surcharge 10.00 .00 37.62 Sworn and Subscribed to before me this q ~ day of So Answers: R. Thomas Kline 07/28/2004 WELTMA/qWEINBERG REIS By: Deputy S~'eri f f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, VS. BARRY J. STARNER, Respondent. No. PETITION 71'O CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: Sofia Kokkini, Esquire PA I.D. #91535 Weltman, W'einberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, F'A 15219 (412) 434-7955 WWR #03461989 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION BANK ONE DELAWARE, N.A., Petitioner, VS. BARRY J. STARNER, Respondent. No. Oq' ,~'/' q PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON AND NOW, comes Petitioner, Bank One Delaware, NA., by and through its counsel, Sofia Kokkini, Esquire and Weltman, Weinberg & Reis, CO., L.P.A., and files the within Petition to Confirm Arbitration Award and Enter Judgment thereon. In support thereof, Petitioner avers the following: Delaware. Petitioner, Bank One Delaware, N.A., is a corporation located in Wilmington, 2. Respondent is an adult individual with a last known address of 405 Casc~t~t Road, Mechanicsburg, PA 17055. 3. On or before November 14, 2003, Petitioner and Respondent entered into a Cardmember Agreement for a credit card beating the account number 4417124273445806. Said Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Agreement. A true and correct copy of the pertinent part of the Agreement is attached as Exhibit "A" and made a part of this petition. 4. On or around November 14, 2003, Petitioner and Respondent submitted their dispute to arbitration as provided in the arbitration clause of the .Agreement. 5. After notice was properly given to all the parties to the arbitration, the matter proceeded in accord with the applicable National Arbitration Forum Code of Procedure before the Honorable Jack M. Marden, as arbitrator. A true and correc, t copy of the proof of service to Respondent is attached as Exhibit "B" and made a part of this petition. 6. On or about February 16, 2004, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $10,233.94. A signed copy of the award, duly acknowledged, was served on the parties on or about February 16, 2004. A true and correct copy of the award is attached as Exhibit "C" and made a part of this Petition. 7. More than thirty days have passed since entry of the arbitrator's award, and Respondent has taken no action to contest its validity. WHEREFORE, Petitioner, respectfully requests that this Court enter an Order confirming the arbitration award, and that judgment be entered against Respondent for the full amotmt of the award, plus interest at the statutory rate of 6% from the date of the award, costs and such other relief as the Court deems appropriate. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. By: Sofia Kokkin'i, Esquire PA I.D. # 91535 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03461989 IMPORTANT NOT]CE FOR BANK ONE CREDIT CARD CUSTOMEI~ ABOUT CHANGES TO YOUR BANK ONE CARDMEMBER AGReeMENT BANK~-~ONE. FedEx Express Customer Support Trace 3875 Airways Boulevard Module H, 4th Floor Memphis, TN 38116 U.S. Mail: PO Box 727 Memphis, TN 38194-4643 Telephone:: 901.369-3600 1/9/2004 Dear Customer: Here s the proof of de very for the shipment with tracking Our records reflect the fo owing informat on. number 618684762082. Delivery Information: Signed For By: B.STARNER Delivery Location: 405 CASCADE RD Delivery Date: 11/26/2003 Delivery Time: 14:47 Shipping Information: Tracking No: 618684762082 Recipient: BARRY J STARNER 03848050 405 CASCADE RD MECHANICSBURG, PA 17055 US Shipment Reference information: Ship Date: 11/24/2003 Shipper: MANN BRACKEN LLC IVV~NN BRACKEN LLC 22'9 PEACHTREE ST NE STE 7 ,~,~'LANTA. GA 303031605 Thank you for choosing FedEx Express. We look forward to working with you in the future. FedEx Worldwid[Customer Service 1-800-Go-Fed Ex~ Reference No.: R2004010900107439702 EXHIBIT Bank One Delaware, N.A. C/O Mann Bracken, LLC 229 Peachtree Street, NE Suite 700, International Tower Atlanta, GA 30303-1601 CLAIMANT(s), Barry J Starner 405 Cascade Rd Mechanicsburg, PA 17055 Iii NATIONAL ARBITRATION FORUM ® AWARD Bank One Delaware, N.A. v Barry J Starner File Number: FA03110002111592 Claimant File Number: 44117124273445806 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: I. That no known conflict of interest exists. 2. That on or before 11/14/2003 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a claim with the Forum and served it on tlhe Respondent in accordance with Rule 6. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $10,233.94. Entered in the State of Pennsylvania HorlO~bl~ Jack M. Marden Arhi'Ira~or Date: 02/16/2004 ACKNOWLF. DGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail pos'Iage prepaid to the parties at the above referenced addresses on this date. Honorable Harold Kalina, Ret. ]Director of Arbitration 02/16/2004 EXHIBIT VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, she is an attorney for the Petitioner herein; makes this Verification based upon the facts as supplied to her by the Petitioner and/or its agents and because the Petitioner is outside the jurisdiction of the court and the Petitioner's Verification cannot be obtained within the time allowed for filing of this petition, and that the facts set forth in the foregoing petition are true and correct to the best of her k~towledge, information and belief. Attomey for Petitioner 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION BANK ONE DELAWARE, N.A., Petitioner, VS. BARRY J. STARNER, Respondent. No. ORDER OF COURT AND NOW, to-wit, this__ day of ., 2004, upon consideration of Petitioner's Petition to Confirm Arbitration Award and Enter Judgment thereon, any response thereto and good cause appearing therefore, it is hereby ORDERED, ADJUDGED and DECREED that the award entered by the arbitrator in the above captioned matter is hereby confirmed in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $10,233.94, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being February 16, 2004, plus costs. BY THE COURT: WELTMAN, WEINBERG & REIS Co., L.P.A. ATYORNEYS AT LAW 2718 Kopper$ Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.eom BURLINGTON, NJ 609.914.0437 CINCINNATI, OH 513.723.2200 CLEVELAND, OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, M1 248.362.6100 PHILADELPHIA, PA 215.599.1500 June 25, 2004 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Dear Sir or Madam: BANK ONE DELAWARE vs. STARNER Petition to Confirm Arbitration Award and Enter Judgment thereon Our file no. 03461989 Enclosed please find Petitioner's Petition to Confirm Arbitration Award and Enter Judgment thereon, wbich we wish to file with the Prothonotary of your county. In this regard, enclosed please find a check in the amount of $55.50, which we understand is your filing fee. Pursuant to 42 Pa.C.S.A. §§ 7317, 7342(a) and Pa.R.Civ. P. No. 400 the above-mentioned Petition should be served by sheriff. Accordingly, enclosed please find: (1) a letter of instructions for the Sheriff; and (2) a check for the Sheriffin the amount of $100.00, which represents the fee for serving the Petition upon Respondent. ***PLEASE BE ADVISED THAT WE DO NOT WANT THE PETITION TO BE FORWARDED TO A JUDGE FOR DECISION*** Please forward the aforementioned items to the Sheriff's office, along with the enclosed copies of the Petition filed in the above-referenced matter. Please also provide this office with time-stamped copies of the face-sheets in the self-addressed envelope, postage pre-paid, which is also enclosed for your convenience. Thank you for your anticipated cooperation. If you have any questions, please contact the undersigned at (412) 434-7955. Paralegal Enclosures WELTMAN, WEINBERG & REIS Co., L.P.A. ATTORNEYS AT LAW 2718 Kopper$ Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412,434.7955 www.weltman.com BURLINGTON, NJ 609.914.0437 CINCINNATI, OH 513.723.2200 CLEVELAND, OH 216.685A000 COLUMBU~ OH 614.228.7272 DETROIT, MI 248.362~6100 PHILADELPHIA, PA 2t5.599.1500 August 9, 2004 Cumberland County Prothonotary Re~ Dear Sir or Madam: Bank One Delaware, N.A. vs. Barry J. Stamer Petition to Confirm Arbitration Award and Enter Judgment thereon Our file no. 03461989 Enclosed please find Petitioner's Petition to Confirm Arbitration Award and Enter Judgment thereon, which we have filed in your county. The Cumberland County Sheriff has personally served the defendant with the enclosed Petition. ***PLEASE FORWARD THE ENCLOSED (FILED SERVED) PETITION TO A JUDGE FOR DECISION*** AND As requested, please forward the aforementioned Petition ti) a Judge for decision on the proposed order attached, along with the enclosed copy of the Petition filed in the above-referenced matter. Please also provide this office with time-stamped copies of the Order of Court in the self-addressed envelope, postage pre-paid, which is also enclosed for your convenience, for ()ur records. Thank you for your anticipated cooperation. If you have any questions, please contact the undersigned at (412) 434-7955. Kimberly Coyne Paralegal Enclosures 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, VS. BARRY J. STARNER, Respondent. , OF COURT AND NOW, to-wit, this ~day of ~~n T 2004, upon consideration of Petitioner's Petition to Confirm Arbitration Award Enter Judgment thereon, any response thereto and good cause appearing therefore, it is hereby ORDERED, ADJUDGED and DECREED that the award entered by the arbitrator in the above captioned matter is hereby confirmed in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $10,233.94, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being February 16, 2004, plus costs. BY THE; COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A. Petitioner, VS, BARRY J. STARNER Respondent. No. 04 3569 Civil PRAECIPE FOR JUDGMENT PER ORDER OF COURT FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA i.D. #-42524 William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03461989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., Petitioner vs. Civil Action No. 04 3569 Civil BARRY J. STARNER Respondent PRAECIPE FOR JUDGMENT PER ORDER OF COURT TO THE PROTHONOTARY: Pursuant to the Order of Court, dated August 17, 2004, kindly enter judgment in favor of Petitioner, Bank One Delaware, N.A., and against the Respondent, Barry J. Starner, individually, in the amount of $10,233.94 with continuing interest thereon at the statutory interest rate of 6% per annum from February 16, 2004 and costs. A copy of the aforesaid August 17, 2004 Order of Court is attached hereto. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James PA Wil Warmbmdt #42524 T. Molczan ). ~47437 TMAN, WEINBERG & REIS CO,, L.P.A. Koppers Building ;eventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03461989 Petitioner's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known addresses of the Respondent, 405 Cascade Road,Mechanicsburg, PA 17055. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, vs. Civil Action No. 04 3569 Civil BARRY J. STARNER Respondent NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff/Petitioner (xx) Defendant/Respondent ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Judgment in the amount of $10,233.94 with continuing interest thereon at the statutory interest rate of 6% per annum from February 16, 2004 and costs. ( ) Trespass Judgment in the amount of $__ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. Barry J. Starner 405 Cascade Road Mechanicsburg, PA 17055 (xx) Entry of Judgment of X Court Order Non-Pros Confession Default Admission Verdict Arbitration Award Prothonotary By: PROTHONOTARY (OR DEPUTY) Al JO 11 2~04 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, VS. BARRY J. STARNER, Respondent. No. ORDER OF COURT Petitioner s Petition to Confirm Arbxtratxon Awa~r and Enter A,ND NOW' t°-wit' this Z-~ay °f ~ j'u d2g~ i 'n t ;Ph~ rne oCn~n Saindf ;al is;~ n s°~ thereto and good cause appearing therefore, it is hereby ORDERED, ADJUDGED and DECREED that the award entered by the arbitrator in the above captioned matter is hereby confirmed in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $10,233.94, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being February 16, 2004, plus costs. TRUE COPy FROM RECORD In Testimony wher96f, I heceJunto set my hand ancl/~e seal of sa'~ Court,eq~arlisle, Pa. BY THE COURT: