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Home My WebLink About04-5703 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, No.O<+- 57D3 ~ vs. RANDY L ROSENBERRY, PETITION TO CONFIRM ARBITRATION A WARD AND ENTER JUDGMENT THEREON Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE P A I.D. #47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03920207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., No. D '1- j-?03 Petitioner, vs. RANDY L ROSENBERRY, Respondent. PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON AND NOW, comes Petitioner, Bank One Delaware, N.A., by and through its counsel, William T. Mo1czan, 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: 1. Petitioner, Bank One Delaware, N.A., is a corporation located in Wilmington, Delaware. 2. Respondent is an adult individual with a last known address of 102 Shippensburg Mobile Estates, Shippensburg, P A 17257. .' 3. On or before January 16, 1997, Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 4056031120046875. 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 April 13, 2004, 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 E. Gerald Donnelly, Esquire, 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 July 23, 2004, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $9,909.41. A signed copy of the award, duly acknowledged, was served on the parties on or about July 23, 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 amount of the award, plus interest at the statutory rate of 6% per annum 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: w~f{K;;,- WILLIAM ;. MO ZAN, ESQUIRE P ALD. #47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03920207 - ~ IMPORTANT NOTICE FOR BANK ONE CREDrT CARD CUSTOMERS A.BOUT CHANGES TO YOUR BANK ONE CA.R.DMEMBER AGREEMENT This Notic. inForms you of cha.n;es 10 rour Bank One Cudm.rn!.:r A,roem.nt. " ~'! ~~,. SUM~Y OF Ctw-lCE.. ,,: p'ovUio~ p,oviQi,,& ,bt a.ny disputes between )'Du and e&l\1: One an: to be l'CSoj,'eo by .rbir!'",;on is being .dde-J '0 rou, Bank One Cudm....!.:r !-"r..ment. :":'::"./ -.:-,a;;r E.fF~ DA.TtlNoN-ACCE.I'TIVICE INS'nucnOIoolS. i1w: dw.;es in rer",. lumm.ri:cd .ho~ will become di'=i~ M.rch I. 1991, Th. n~ r."", ...ill .pply 10 .urr.nl .nd IVtur. balll'\Ces in bod! active >ccouna a.nd accouna rJu.r no 10...,.. h."" d.UJ. p,i...'\c:JC'- IF rou do not ..ish to ....pr th. n<w ,.,..... rou m...t notify w in w,iti", of )'D,n dee;';o... b,. Feb",.". 2&. 1991. I'Ieuc include rour nzm.: add"", and .ceounr nu...ber on the co,respond.nce .nd man it ro: lIank One. 1'.0. 8-0. ~6S0. Wilminsoon. Del....... 19B99.8650. Gi..i,,~ w ,his nOtlCe wiU constitule rout de.ti"" to oncd "our .harS. privil.,.. (iF not previor.!Slr ...ncd..rll. bUI rou =r p.,. off ....,. "uul>"dinS unpa.id b.J.."ee of )'<'u, Ac~o"n( \".Jer rour prior lerml.. ~ ') " AMENDME.NTS TO UIlDMEM8ER ACkllMENTS: In ord.t '0 imple"'.nt th. .bo.e-cl...,a..d L-hanse in lernu, the follo...in~ cn..n~, ~ .ppli...blc. will b< n....le '0 ,.....r C...dmcmbcr ~r.elTl.nc A. Im,..edi.rclr.nor .he p."',"'ph enrirlc-d "Special Rul. ror Credil Can! Purch...cs: ,he follo....;,,& p...&raph ...iD b< .e1e1.d: .'.U!T'I.A'nO>l: .J.,w ct.;",. Ji'p"Ie or .""'1<;>'.<>:< r"C!.il'll-) by .ith.r you or W o"in$1 II.. t>,hrr. oIr .goin.. th. .mpl.,~. .,.n.. or ...i,N of th. orhC1'. arisin, t"rom ur rd.uin~ in ,1"r W~r to this ^"reernenr or your A=unt. ind"Jing n.;",. '''P,''in, rhe .pplicabiliry "fthi$ arbit/,";on douse Dr Ihe ,'.lidir:r' Dr' rhe entire A~rc.ment. sh~ b< r=lved "y !>ineling .rbi"..;"" l>~' ,he :-:.liu"otI Ami"otion Forum. "ncle, cr., Ced. of rroe.dur. in .-fin' ., the lime rhe CL:.im is fold. Rul.. .nd fDrms of Ihr; N:uiun.aJ ..a..riuu,II,..n Fnrurn m.2;r be- uhr:ai,..~d .and O.airns m#y be: r.le-d at IhY S"niLIn.l1 .a.rh,u;riun F..rllm utiieC'. ...-ww....rt>..rnrum..co""rOr 1'.0. PoOl '''0/'1I. \l'I\M.f".li.. \I;nn<><.ll' "~40~, ,el.phnne 1.'WO~74. ~3'71. ''''''f .,h>ll.,i"1\ h.."n~.l ..+';~h ~u .Pf'<" ...ill..,!.:e pl.cc., a Irte:nion ,,'ilhln rhe J"'l:',-,k-rol'lmS."..1 tih.rrk:( ,h...l irlll:lull~ !,our biUinc. ..!dress "Ihe ,ime ,h. (.1...." n lileJ, l'his .rbirr.l;on .~r..m'nl il m.d. f"ursu~nr HI ~ Ir""h.le. l..ul .nl...lnn~ Inu"'ru.:uc t"nmmC'rCf. ...nJ s",.J1 he- ,,,'.rn,.! h~' ,h. hJ",.I...,hnwH.n .",'1. ') L'.o; C. if '.Il. J,..Ir;m,n' "pun ~n: .arhm.ltlun "'... uJ "l.I~ he t""'C"ft"J III .1Mt'" cuun """in~ jurr,Ji.."tII,ft .\l'V ~ ,-) I ~"'~ , Page 5 of 12 , EXHIBIT- f\ j :':;::.:: , ;.'-.:-;;.".J '~-ei.."'" ~~,.~ )' '; ::.-, .,.--....-- .~ ~ .i-';...... ,f' .' nil .rbit12ueon ~mcnl .pplies I" all a..u pI". in c:Wtcncc DI d.., n.-, ari..: in the r",,,,e creep! ror: (i) Clwnnha, r<'U or ,.." ha~ i"di..id .wly hied", I .""It I>c:fo... c.e en...;... due of d-.e _drncl\l of the ^,r=rncnt ~clinJ this aA.itnuon "f?=Dcnt, (ii) Clalnu arl..."c.cd in anT judicia! d.... aaions tNI b.. b=1 ~ =rUnC:d aI c:lur =ions u.J whcle nor~ of d.w n1cmbe..hip Iw kD ~ .. dircacd by thc ,""un before the drcctiYc dale or the amcnda.cnt of the ^;roemcn. .dclinJ d-.is arbiLnuon ap=nCllt: and (iii}~ms by Dr apWt onr u....HiI..II.,d thin! Pitt)' to whom ownership oJ 1018 ^""unl <nlr be auigned anc' dd2uJI {unI= char panT dccalO .n.ic....:l. Nothin& in this .,~cmenr ...an be CPnst""ec/ 10 p~ urr panr', .... of (Dr .dVU\CCmcnl of UlT 0.;..... dcf=. or olli<u in) buWuplC)' Dr Icpo=l'ion. ,eplevin. judicioJ [o=lw..re III "'r odw:r prej..clpnem or provisional ~m.oT .ebri,., I" lifT lXIlllltnl. J<:l:Urirr o. prope,.,. inoc","C1 for conlraclu'" dd>tr now Dr I.or.-ah.:' ow...rby either panr '" the DU,cr undc, ,his "V""'mcnt. IN THE ABSENCE OF THIS AA&ITRATJON ACREEMENT. YOU AND WE MAY OTHERWISE HAYF: HADA PJCHT OR Orl'ORTUNlTY TO LmGATE CWMSTHROUGH A COURT. ANDIOR TO PARTICIPATE OR SE REl'l:ESENTED IN l.IT1CJ.TIOH FILED l~'COURT BY OTIiEll.S. SIlT EXct!'T ~ OTHERW15E "ROVlDW ~O"'!. ALLQ.AJMS MUST NOW BE FlESOLVEO THROUGH ~mv.T10H. THE fEDERAl EQUAl. CR..EDTT OPI'OIlltlNlTY ACT PROHISITS CREDITORS FROM DISCRlMINA TINe AGAINST CRLDIT Af'I'UCANTS ON THE 5~IS OF RACE. COLOR. REUCION. NHIOHAL OP..lGIN. SEX.. WJUTI\LSTATUS. AGE {F'ROVlDING THE ,lJ'I'Llo.NT HAS THE OJ'AClTYTO ENTER INTO ^ BINDING CONTAAClI: BECAUSE AllOR-PART OF THE . N'l'UCANTS INCOME DER.TVES FROM ANY rUBLlC ASSISTANCE PROGRAM; OR 8ECAUSHHE N'PUCANT HAS IN GOOD FNiri EXE.RCISED ANY RJGKTUl..cDER THE CONSUMER CIUI)IT NI.OTECTION ACT. THE FEDERAl. AGENCY THAT ADMINISTERS COM1'I.V.NCE WITH THIS t.A. W CONCf..R.NING THIS CR.E.OfTOR IS: THE COMI'TROl..LER. Of THE CLiP...RENCY. CENTRAL DtSTPJClOFFICE, ONE FINANCIAL rl.-'lCE. HD SOlTFH W.'JJ.E., SUITE 1700. CHICAGO. IL 1>0(.05. Tl.iJ ~~Ilfr ;nf~.......l". .rl""'~: ,s",":rr ",.., Fi",lISA Gortl,.,,,,,htr '~r''''''''''' r{,..., I.,., ;'11#,11, .l""" ."ii",,' FiN v.l'A (j,tl,.,,..,J,rr Ar,,....tTIr. - - BANKEONE. ADVlJ9 12197 I Page 6 of 12 I . , --.----- FecEx* Express 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 6/21/2004 Dear Customer: Here is the proof of delivery for the shipment with tracking number 790116421719. Our records reflect the following information. Delivery Information: Signed For By: V.ROSENBERRY Delivery Location: 102 SME Delivery Date: 4/15/2004 Delivery Time: 11 :38 Shipping Information: Tracking No: 790116421719 Recipient: RANDY ROSENBERRY 4236370 102 SHIPPENSBURG MOBILE E SHIPPENSBURG, MD 17257 US Shipment Reference Information: 4236370 Thank you for choosing FedEx Express. We look forward to working with you in the future. Ship Date: 4/14/2004 Shipper: JAMES D. BRANTON;.. ESQ. MANN BRACKEN Lll... 2727 PACES FERRY RD SE BL ATLANTA,GA 303394053 US Fed Ex Worldwide.. Customer Service 1-800-Go-Fed Ex@ Reference No.: R20040621 00 1445561 00 EXHIBIT ~ "',',' ... :~ .:.. ',"" III NATIONAL ARBITRATION FORUM @ Bank One Delaware, N.A. C/O Mann Bracken, LLC One Paces West 2727 Paces Ferry Road, Suite 1400 Atlanta, GA 30339 CLAIMANT(s), AWARD RE: Bank One Delaware, N.A. v Randy L Rosenberry File Number: FA0404000252944 Claimant File Number: 4056031120046875 Randy L Rosenberry 102 Shippensburg Mobile Est Shippensburg, P A 17257 ~. RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 04/13/2004 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 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 $9,909.41. ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Entered in the State of Pennsylvania Date: 07/23/2004 c:::)~<J_- ~ '..Z \ ~ EXH I B r'ooo~able Harold ~ali~a, Ret. DIrector of ArbItration C-. 07/23/2004 CERTIFICATE OF SERVICE The undersigned hereby certifies that the Sheriff of Cumberland County is currently attempting service of the within Petition to Confirm Arbitration Award and Enter Judgment Thereon at the below address. Randy L. Rosenberry 102 Shipp ens burg Mobile Estates Shippensburg, P A 17257 WELTMAN, WEINBERG & REIS CO., L.P.A. By: w$f7,# William T. Molcz squire Attorney for Pet' ner 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 .' 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 Petitioner herein; makes this Verification based upon the facts as supplied to him 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 his knowledge, information and belief. wJ!-'1 p~ William T. Molczan, Esq~ Attorney for Petitioner WELTMAN, WEINBERG & REIs CO., L.P.A AlTORNEYS AT LAw 2718 Koppers Building 436 Seventh Avenue Pittsburgb, Pennsylvania 15219 412.434.7955 www.weltman.com November 9,2004 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 In Re: Randy L. Rosenberry Creditor: Bank One Delaware, N.A. Account No. 4056031120046875 Our File No. 03920207 Dear Sir or Madam: BURLINGfON, NJ 609.914.0437 ONCINNAll, OH 513.723.2200 CLEVElAND, OH 216.685.1000 COLUMBUS, OR 614.228.7272 DE1ROIT, MI 248.362.6100 PHlLADELPIllA, PA 215.599.1500 C) . ~ ~~~ It, ~ .) C' ) ,- --. d' C:l ...~. l" . C,r'! ., , ::,2 ("- . .:;/1'; t~'<! .' "~I r',~ l"i:., ...'.1 Enclosed please find a Petition to Confirm Arbitration Award and Enter Judgment thereon that we wish to file in your county. Once the Petition has been filed, please provide this office with time-stamped copies of the coversheet in the self-addressed envelope provided. Once it has been filed, please forward the Petition to the Sheriff's office for service. PLEASE DO NOT FORWARD THE PETITION TO A JUDGE FOR DECISION ON THE ORDER. WHEN SERVICE IS COMPLETE WE WILL REQUEST THAT THE PETITION TO BE FORWARDED AT THAT TIME. Thank you for your attention to this matter. If you should have any questions or require anything from me, please do not hesitate to contact me. Very truly yours, -------y' .. ./ ;' ~..~=:l,,/ l..._ Kimberly Coyne, Paralega WWR# 03920207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION BANK ONE DELAWARE, N.^" No. Petitioner, vs. RANDY L ROSENBERRY, Respondent. ORDER OF COURT AND NOW, to-wit, this _ day of , 200_, 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 $9,909.41, with continuing interest thereon at the statutory interest rate of 6% per annum from the date ofthe award, being July 23, 2004, plus costs. BY THE COURT: J. WWR# 03920207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., No. Petitioner, vs. RANDY L ROSENBERRY, Respondent. RULE AND NOW, this _ day of petition, it is hereby ordered that , 200_, upon consideration of the foregoing (1) a Rule is issued upon the Respondent to Show Cause, in the form ofwrirten response, Why the arbitration award in the amount of $9,909.41 entered on July 23, 2004, should not be confirmed and judgment entered for the full amount of the award with continuing interest thereon at the statutory interest rate of 6% per annum from the date ofthe award; (2) the Respondent shall file an Answer to the Petition within upon the Respondent; days of service (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within forty five days ofthe service upon Petitioner of the Answer to the Petition; (5) notice of the entry of this order shall be provided to all parties by the Petitioner. BY THE COURT: J. s;:, ~ 'i'- \) ~~ -.. o LN 0- ~ ...t:. ts ~ <c1 /'--.:) 0 C) C 1 1 -Tl c: '".c.... ---1 -;1'" .. ~: . .~'] .,f .. C) i '\-- ........:.:: n 1J t;J , .. (.Il I,~.) , i, -:J ; --r1 , I -'"'' , I 1 , ! '. '1 1'-.' .. .>' =J f".) -..., \..;0 (;;\ o BANK ONE DELAWARE, N.A., PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY L. ROSENBERRY, RESPONDENT : 04-5703 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of January, 2005, a Rule is entered against respondent to show cause why the relief requested herein should not be granted. Rule returnable fifteen (15) days after service. Any answer filed shall be forwarded by the prothonotary to chambers. Edgar B. Bayley, J. By the ,;owt, < :sal , .~. (:;~ .a. ,~,,:,; 1..uS-:> ~.2o H::;:l~ '-")(:1 ~CC ttJ 0- ::;l1l.1 U_f.!:.: l,.L o 0" N f..:;' :z:: 0.. UJ {'-.\ .~ ~;~ -, ,n <= c::;... <N . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, NA, Petitioner, No. 04-5703 Civil Term vs. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE RANDY L ROSENBERRY, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA 1.0. # 47437 Weltman, Weinberg & Reis Co., LPA 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03920207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, NA, Petitioner, No. 04-5703 Civil Term vs. RANDY L. ROSENBERRY, Respondent. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE Before me, the undersigned authority, a Notary Public, in and for said County and State, personally appeared William T. Molezan, Esquire, known to me, who being duly sworn according to law, deposes and says that he served a copy of the Petition to confirm arbitration award and enter judgment thereon and Rule Return Date on the Respondent, Randy L. Rosenberry, on January 3], 2005, at his last known address of 102 Shippensburg Mobile. Shippensburg, P A ]7257. Rule Return Date is February 15,2005. A true and correct copy of the cover letter which was sent to Respondent. Randy L. Rosenberry, enclosing a copy of Petitioner's Petition to confirm arbitration award and Rule Returnable is attached hereto, marked as Exhibit "I" and made a part hereof. Service of the Rule Returnable is deemed to be perfected as of January 31, 2005, the date of mailing. By: William T. Molczan, squire PA 10. # 47437 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and SUbSCr~d before me this Q -_.-~'""" wendy l. Gault, Notal'! f'lIlJ1ic (>~,; (,s D;tt<:;burgtJ, ,~lteghe;I,,::\;.<i i,!,_ . . ",.,''In F"c'."'':'': dl . WELTMAN. WEINBERG & REIS CO., L.P.A. ATrORNEYsAT lAw 2718 Koppen: Building 436 SevrntbAveullt Pi"'........_ 15219 412.434.'l'l55 www.weltmlu.com 6lJRLINGTON, NJ 609.914.0437 ClNQNNATI,OH 513.723.2200 Cl.EVELAND, DB 2J6.6B5,lOOO COWMlllJS, 011 614 .228. 7272 DETROIT. MI 248.362.6100 PHIlADElPHIA, PA 215.599.1500 WILLIAM T. MOLC:ZAN Attorney at Law 412.434. 795S Flu: 412.434..7959 wmolC1Jlll@wdbnan.com Randy L. Rosenberry 102 Shippensburg Mobile Shippensburg, PA 17257 January 31, 2005 Re: Bank One Delaware, N.A. vs. Randy L. Roseberry In the Court of Common Pleas of Cumberland County Case No. 04-5703 Civil Our file No. 03920207 Dear Mr. Rosenberry: Enclosed please find true and correct copies of a Petition to confirm arbitration award and enter judgment thereon and a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $9,909.41 entered on September 15, 2004, should not be confirmed and judgment entered for the full amount of the award with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award. Please note that the Rule is returnable on or before February 15, 2005. Very truly yours, ~ep"",~ Enclosure THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ------ c-,' .< (.;\ / - - SHERIFF'S RETURN - REGULAR CASE NO: 2004-05703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE DELAWARE NA VS ROSENBERRY RANDY L HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvaniar who being duly sworn according to law, says, the within PETITION TO CONFIRM ARBIT was served upon ROSENBERRY RANDY L the RESPONDANT I at 2034:00 HOURSr on the 6th day of December I 2004 at 102 SHIPPENSBURG MOBILE ESTATES SHIPPENSBURGr PA 17257 by handing to RANDY L ROSENBERRY a true and attested copy of PETITION TO CONFIRM ARBIT together with AWARD & ENTER JUDGEMENT THEREON and at the same time directing His attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.80 .00 10.00 .00 42.80 .;-/ J/ p' ...,.,;.;,.,r,;2<,::.........< .P;~ .7 /-",:d4/ -' , ..,"'-.......1-..;~ , ,~ R. Thomas Kline 12/07/2004 WELTMAN WEINBERG REIS Sworn and Subscribed to before By: 7ki Zv~ Deputy Sh iff me this (, e:. day of 00::; ~"":! A.D. JQ~ rothonotary . ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., No. 04-5703 Civil Petitioner, vs. MOTION TO MAKE RULE ABSOLUTE RANDY L. ROSENBERRY, Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire P ALD. #935987 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03920207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL DIVISION BANK ONE DELA WARE, N.A., No. 04-5703 Civil Petitioner, vs. RANDY L. ROSENBERRY, Respondent. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Bank One Delaware, N.A., by and through its counsel, Weltman, Weinberg & Reis, CO., L.P,A., and files the within Motion To Make Rule Absolute. In support thereof, Petitioner avers the following: 1, On or about November 15, 2004, Plaintiff filed a Petition to Confirm Arbitration A ward and Enter Judgment Thereon in the amount of $1,259.45 plus statutory interest at the rate of 6.0% from the date of the award, being July 23, 2004, plus costs. 2. On or about January 26, 2005, this Honorable Court issued a Rule to Show Cause why the arbitration award should not be confirmed and judgment entered thereon. A copy of the Rule is attached hereto as Exhibit" 1" and made a part hereof. 3. On or about January 31, 2005, Petitioner served upon Respondent a copy of the Rule to Show Cause drawing special attention to the Rule Returnable Date. A copy of Petitioner's Affidavit of Service is attached as Exhibit "2" and made a part hereof. 4. No Response to the Rule Returnable has been received from the Respondent and, as such, all of the averments in the Petition to Confirm Arbitration Award are deemed admitted. WHEREFORE, Petitioner respectfully requests that this Court enter an Order Making the Rule issued by this Court Absolute, thereby confirming the arbitration award; and that judgment be entered against Respondent for the amount of the award, plus interest at the statutory rate of 6% from the date of the award, costs and such other relief as thc Court deems appropriate. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. By: B njamin R. ibler, Esquire PA J.D. # 93598 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03920207 BANK ONE DELAWARE, N.A., PETITIONER V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY L. ROSENBERRY, RESPONDENT 04-5703 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of January, 2005, a Rule is entered against respondent to show cause why the relief requested herein should not be granted. Rule returnable fifteen (15) days after service, Any answer filed shall be forwarded by the prothonotary to chambers. __~U---.. ---- By the CoUrt, Edgar B. Bayley, J. :sal , EXHIBIT I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, No. 04-5703 Civil Term vs. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE RANDY L. ROSENBERRY, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. # 47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03920207 EXHiBIT CJ-.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, NA, Petitioner, No. 04-5703 Civil Term vs. RANDY L. ROSENBERRY, Respondent. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE Before me, the undersigned authority, a Notary Public, in and for said County and State, personally appeared William T. Molczan, Esquire, known to me, who being duly sworn according to law, deposes and says that he served a copy of the Petition to confirm arbitration award and enter judgment thereon and Rule Return Date on the Respondent, Randy L. Rosenberry, on January 31,2005, at his last known address of 102 Shippensburg Mobile, Shippensburg, PA 17257. Rule Return Date is February 15, 2005. A true and correct copy of the cover letter which was sent to Respondent, Randy L. Rosenberry, enclosing a copy of Petitioner's Petition to confirm arbitration award and Rule Returnable is attached hereto, marked as Exhibit "I" and made a part hereof. Service of the Rule Returnable is deemed to be-perfeciect'asuoF' January 31, 2005, the date of mailing, By: M' William T. Molczan squire PA I.D, # 47437 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and sUbscr;;d before me thisQ ,2005. ---- ..-liI8II W..-D/ L. Gatllt, No\lll'1 Puijic City Of pi!l9burgt, AIlegheCl, COUll1\'_ '_~'I C.';"nmil}<;:ion EYOi!E'~; ,.!uly 1;:-;,.:UOo "I -"--- .-------- n___ .~_._- . WELTMAN, WEINBERG&: REfs Co., L.P.A. A'ITCRNEVSAT I.;.W m.IlO......_ 436 Sew:Dtit Avcaue --=. 4U.434 '?955 www.wdtu:lllD.COlD. WlLUAMT. MOl.CZAN AttorDey at La.. 4l2.434.7!>55 P&:I 412.434. 79S9 ~oom 1lURLINGTON, NJ 609.9]4.0437 CINCINNATI, OH 513.723..2200 CUVELAND, OH 2.16.685.1000 COLUMBlJS, OH 61422&.7272 DETROIT, MI 248.362.6100 PHIlADElJ'IIIA, PA 215599.1500 January 31,2005 Randy L'. Rosenberry 102 Shippensburg Mobile Shippensburg, PA 17257 Re: Bank One Delaware, N.A. vs. Randy L. Roseberry In the Court of Common Pleas of Cumberland County Case No. 04-5703 Civil Our file No. 03920207 Dear Mr. Rosenberry: Enclosed please find true and correct copies of a Petition to confirm arbitration award and enter judgment thereon and a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $9,909.41 entered on September 15, 2004, should not be confirmed and judgment entered for the full amount of the aWi3.[Q with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award. Please note that the Rule is returnable on or before February 15, 2005. Very truly yours, ~ ~ . . oyne, Paralegal . Enclosure THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Rule Absolute was served on Respondent this d-.or!2 day of ~nrch ,2005, by first class, U.S. Mail, postage-prepaid, addressed as follows: Randy L. Rosenberry 102 Shippensburg Mobile Shippensburg, P A 17257 ~- Attorney for Petitioner Benjamin R. Bibler, Esquire (~, ,.' - r.-:'l ~ 'b c-'^ , ,\ -' ~'CI -'- -n .<. u') r-' G-' - 0- RECEIVED AP 05 2005f1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A IA CIVIL DIVISION BANK ONE DELAWARE, N.A., No. 04-5703 Civil Petitioner, vs. RANDY L. ROSENBERRY, Respondent. ORDER OF COURT , AND NOW, to-wit, this ~y of ~, 2005, upon considerati n of Petitioner's Motion for Rule Absolute, it is hereby ORDERED, ADJUDGED and DEC EED that this Honorable Court's Rule be made absolute, thereby confirming the award entered y the arbitrator in the above captioned matter in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of$l,2 9.45, with continuing interest thereon at the statutory interest rate of 6% per annum from the d te of the award, being July 23, 2004, plus costs. y / ! BY THE COURT: /' <,. , ,. /.,. \..---:=>1:,./1Jl,./{ J. ~ ~ l~1-Lv1~L 4 -1'- or- jiJs t;; .i.L \~ "",Q yt, \.\.... ~.\'.. 'Q'5 bcc Wo- ft'$:. '0 ....0 c"> (j.... .,"~ ~ r- \ c? S;? .g, 'P ?:. 1::-7 '54 '~-!)~ "',-\':-3 <;r~, "',0... ,.) () IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELA WARE, N.A. Petitioner, No. 04-5703 Civil vs. PRAECIPE FOR JUDGMENT PER ORDER OF COURT RANDY L. ROSENBERRY Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt P A J.D. #42524 William T, MoIczan PA LD, #47437 WELTMAN, WEINBERG & REIS CO., L.P.A, 27 I 8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03920207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N,A. Petitioner vs. Civil Action No. 04-5703 Civil RANDY L. ROSENBERRY Respondent PRAECIPE FOR JUDGMENT PER ORDER OF COURT TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 237, I certifY that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. In that regard, pursuant to the Order of Court, dated April 5, 2005, kindly enter judgment in favor of Petitioner, Bank One Delaware, N.A., and against the Respondent, Randy L. Rosenberry, individually, in the amount of $1,259.45 with continuing interest thereon at the statutory interest rate of 6% per annum from July 23, 2004 and costs, A copy of the aforesaid AprilS, 2005 Order of Court is attached hereto. WELTMAN, WEINBERG & REIS CO., L.P.A. -~~ /_. Willia T. olczan PAL .# 437 WE N, WEINBERG & REIS CO., L.P.A. 27 oppers Building 4 eventh A venue PIttsburgh, PA 15219 (4 I 2) 434-7955 WWR#03920207 Petitioner's address is: c/o Weltman, Weinberg & Reis 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 The last known address of the Respondent is: 102 Shippensburg Mobile,Shippensburg, PA 17257. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A. Petitioner vs. Civil Action No. 04-5703 Civil RANDY L. ROSENBERRY Respondenl NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff/Petitioner (xx) Defendant/Respondent ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on fY/.;;j'( II, ao&s (xx) Judgment in the amount of$I,259.45 with continuing interest thereon at the statutory interest rate of6% per annum from July 23, 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 regislration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( X ) Court Order () Non-Pros () Confession () Default ( ) Admission () Verdict () Arbitration Award tary Randy L. Rosenberry ] 02 Shippensburg Mobile Shippensburg, PA 17257 By: PROTHONOTARY (OR PEn,.!' l) 4 - RECEIVED APR 052005 ~t .,"- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION BANK ONE DELAWARE, N.A., No. 04-5703 Civil Petitioner, vs. RANDY 1. ROSENBERRY, Respondent. ORDER OF COURT AND NOW, to-wit, this ~y of ~~ ~ ( , 2005, upon consideration of Petitioner's Motion for Rule Absolute, it is hereby ORDERED, ADJUDGED and DECREED that this Honorable Court's Rule be made absolute, thereby confirming the award entered by the arbitrator in the above captioned matter in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $1 ,259.45, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being July 23, 2004, plus costs. BY TIffi COURT: mUE COpy FROM RECORD 1ft TostimCnywlleroof. I here unto set my bald ;md I of S<l.i\1 Coo at CarIlSIe..fa. _ / r ~/. . ~ ISI ~'tt D ~~ J. \ -u ~ G ~ 7:J ~ ,"-G oIL ~ (") ...., 0 {"'::;;> (:',::-l '" <.Jl R ::r:.. .-\ - ~ I-p ~ ,;.. f""" IG -, r:lf'::;;:O f""~ ~ W - C; -c:: I () f:! ...() ~ 'TI 1? --';:J <-:-? C;') l/) ~ ;r;-- , ( -f- ':'? \~-Jcn ~ --......c. 0 ~'l.J +"~ .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION BANK ONE DELAWARE, NA, No. 04-5703 Civil Petitioner, vs. AMENDED MOTION TO MAKE RULE ABSOLUTE RANDY L. ROSENBERRY, Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA LD, #47437 WELTMAN, WEINBERG & REIS CO" L.P A 2718 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412) 434-7955 WWR #03920207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELA WARE, N.A., No. 04-5703 Civil Petitioner, vs. RANDY L, ROSENBERRY, Respondent. AMENDED MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Bank One Delaware, N.A., by and through its counsel, Weltman, Weinberg & Reis, CO., L.P,A., and files the within Motion To Make Rule Absolute, In support thereof, Petitioner avers the following: 1. On or about November 15, 2004, Plaintiff filed a Petition to Confirm Arbitration Award and Enter Judgment Thereon in the amount of $9,909.41 plus statutory interest at the rate of 6.0% from the date of the award, being July 23, 2004, plus costs. 2. On or about January 26, 2005, this Honorable Court issued a Rule to Show Cause why the arbitration award should not be confirmed and judgment entered thereon. A copy of the Rule is attached hereto as Exhibit "1" and made a part hereof. 3. On or about January 31, 2005, Petitioner served upon Respondent a copy of the Rule to Show Cause drawing special attention to the Rule Returnable Date, A copy of Petitioner's Affidavit of Service is attached as Exhibit "2" and made a part hereof. 4. No Response to the Rule Returnable has been received from the Respondent and, as such, all ofthe averments in the Petition to Confirm Arbitration A ward are deemed admitted. WHEREFORE, Petitioner respectfully requests that this Court enter an Order Making the Rule issued by this Court Absolute, thereby confirming the arbitration award; and that judgment be entered against Respondent for the amount 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: William T. Mo\czan, PA J.D. #47437 WELTMAN, WEINBERG & REIS CO" L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PA 15219 (412) 434-7955 WWR #03920207 BANK ONE DELAWARE, N.A., PETITIONER IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY L. ROSENBERRY, RESPONDENT 04-5703 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of January, 2005, a Rule is entered against respondent to show cause why the relief requested herein should not be granted. Rule returnable fifteen (15) days after service. Any answer filed shall be forwarded by the prothonotary to chambers. .-------- -- By the ourt, Edgar B. Bayley, J. :sal , EXHIBIT t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, NA, Petitioner, No. 04-5703 Civil Term vs. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE RANDY L. ROSENBERRY, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D, # 47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03920207 EXHIBIT a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A., Petitioner, No. 04-5703 Civil Term vs. RANDY L. ROSENBERRY, Respondent. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE Before me, the undersigned authority, a Notary Public, in and for said County and State, personally appeared William T. Molczan, Esquire, known to me, who being duly sworn according to law, deposes and says that he served a copy of the Petition to confirm arbitration award and enter judgment thereon and Rule Return Date on the Respondent, Randy L. Rosenberry, on January 3t, 2005, at his last known address of 102 Shippensburg Mobile, Shippensburg, PA 17257. Rule Return Date is February 15, 2005. A true and correct copy of the Cover letter which was sent to Respondent, Randy L. Rosenberry, enclosing a copy of Petitioner's Petition to confirm arbitration award and Rule Returnable is attached hereto, marked as Exhibit "I" and made a part hereof. Service of the Rule Returnable is deemed to be perfected,,; or'- January 31, 2005, the date of mailing. By: Sworn to and SUbSC~d before me this Q William T, Molczan, squire PA I.D, # 47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ,2005. ___lilM WerDJ L. GatlIt. NoIaIy PutJIic CJty 01 PilIsbUTgI', Alleghe"l COUi ;/y. '.1" C-i'TlmisC'loo EYo'r?s._:Ul~./1::)~::~~,_ I ..--.----'-- .._.~- WELTMAN, WEINBERG & RErs CO., LP.A. ATJ'OlCNC\'SAT!.AW 271B KDppen BuilIb( 436 Sew:Idb: Aw:aue """""""__ 15%1> 4U.64. 79.5S www.weItDJm.com WlLUAMT. MOLCZAN Alt1lnley .. Law 41.2.434.'1!l55 Fax 41.2.434.?9S!I ~ 1lUIlLJ><;TQ,'i, NJ 609.9]4.0437 ClNaNNAI\ 011 513.723..2200 CUVELAND, OB 216-685.1000 COUIMBUS, OH 6J4.228.7272 DE'lROIT. MI 248362.6JOO I'HILADELP!IIA, P A 215599.1500 January 31,2005 Randy L Rosenberry 102 Shippensburg Mobile Shippensburg, PA 17257 Re: Bank One Delaware, N.A. vs. Randy L. Roseberry In the Court of Common Pleas of Cumberland County Case No. 04-5703 Civil Our file No. 03920207 Dear Mr. Rosenberry: Enclosed please find true and correct copies of a Petition to confirm arbitration award and enter judgment thereon and a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $9,909.41 entered on September 15, 2004, should not be confirmed and judgment entered for the full amount of the award with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award. Please note that the Rule is returnable on or before February 15, 2005. Very truly yours, ~~,p,~~g'J ~, Enclosure THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ..:.,--:.. . CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Rule 7rJ Absolute was served on Respondent this ,;4,)' day of ~., 2005, by first class, U.S. Mail, postage-prepaid, addressed as follows: Randy 1. Rosenberry 102 Shippensburg Mobile Shippensburg, P A 17257 (., I Attorney for -------- , , ---, , RECEIVED MAY 2 6 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION BANK ONE DELA WARE, NA, Petitioner, No. 04-5703 Civil vs. RANDY 1. ROSENBERRY, Respondent. ORDER OF COURT AND NOW, to-wit, thisA day of M./JA\ , 2005, upon consideration of Petitioner's Motion for Rule Absolute, it is hereby ORDERED, ADJUDGED and DECREED that this Honorable Court's Rule be made absolute, thereby confirming the award entered by the arbitrator in the above captioned matter in all respects. Judgment is entered in favor of Petitioner and against Respondent in the amount of $9,909.41, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being July 23, 2004, plus costs. / ; B70URT: ( ,.-- J. - ".. <::) c': (\"J ,:~ .Cn ";- ".;:;:: \") :"'- " - 1.:- LI'":') C:J "COo {,::;) 0 (''1 , ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N,A Plaintiff No. 04-5703 CIVIL vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE RANDY L ROSENBERRY, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA 1.0 #42524 WELTMAN, WEINBERG & REIS CO., L.P.A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03920207 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE DELAWARE, N.A. Plaintiff vs. Civil Action No. 04-5703 CIVIL RANDY L ROSENBERRY, Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. SWORN TO AND tflSCRIBED bef e this day 1 r\ ---.. $;;~ - r--,:> c::.~ t=:l c.r. L Si 4:''''"... o TI -I ::C" rn --' r- -oi'11 :1) CJ C),L =;3 :j ~?~~ (3m ::-;::-1 ,,,," :TJ .-< I U) ::;. c.:~ o CJl