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HomeMy WebLinkAbout04-6086IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, VS. SARAH D PRICE, Respondent. PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03532637 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION CACV OF COLORADO, LLC, Petitioner, No. vs. SARAH D PRICE, Respondent. PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON AND NOW, comes Petitioner, CACV of Colorado, LLC, by and through its counsel, William T. Molczan, Esquire and Weltman, Weinberg & Reis, CO., L.P.A., and files the within Petition for confirmation of an Arbitration Award, National Arbitration Forum number of FA0211000130869 and entry of judgment thereon pursuant to the Pennsylvania Uniform Arbitration Act 42 Pa. C.S.A. §§ 7301 et seq. In support thereof, Petitioner avers the following: 1. Petitioner, CACV of Colorado, LLC, is a corporation with offices at 1999 Broadway, Suite 2150, Denver, CO 80202. 2. Respondent is an adult individual with a last known address of 9996 McCreary Road, Shippensburg, PA 17257. 3. On or before November 7, 2002, Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 4264299999060883. Said Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Agreement. 4. On or around November 7, 2002, 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. 6. On or about January 16, 2003, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $31,434.53. A signed copy of the award, duly acknowledged, was served on the parties on or about January 16, 2003. A true and correct copy of the award is attached as Exhibit "A" and made a part of this Petition. 7. Pursuant to 42 Pa.C.S.A. §7319(2), Petitioner shows venue for this Petition is proper because Respondent resides in this county with a post office address of 9996 McCreary Road, Shippensburg, PA 17257. 8. More than thirty days have passed since entry of the arbitrator's award, and Respondent has taken no action to contest its validity under 42 Pa.C.S.A. §7314. 9. Pursuant to 42 Pa.C.S.A. confirming the arbitration award. §7313, Petitioner is entitled to an order of this Court 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: i_'i~Yj~<~ WILLIAM T. MOL~CZAN, ESQUIRE PA I.D. #47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03532637 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. Sarah D. Price 9996 McCreary Road Shippensburg, PA 17257 WELTMAN, WEINBERG & REIS CO., L.P.A. · ' . czan, E~ Attorney for Petitioner 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CACV of Colorado, LLC 1999 Broadway Suite 2150 Denver, CO 80202 CLAIMANT(s), Sarah D Price 2204 2ND AVE Altoona, PA 16602 111 NATIONAL ARBITRATION FORUM ® AWARD CACV of Colorado, LLC v Sarah D Price File Number: FA0211000130869 Claimant File Number: 12396050011006767 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 11/07/2002 the Parties entered into an agreement providing that this matter shall be resolved 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. 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 $31,434.53. Entered in the State of Pennsylvania Ho~:f~b~ Jack M. Marden ArbitXmt"or Date: 01/16/2003 ACKNOWLEDGEMENT This Award was duly entered and delivered to the parties on this date. Honorable Harold Kalina Director of Arbitration 01/16/2003 EXHIBIT VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom 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 tree and correct to the best of his knowledge, information and belief. Attorney for Petitioner WWR# 03532637 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION CACV OF COLORADO, LLC, Petitioner, VS. SARAH D PRICE, 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 $31,434.53, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being January 16, 2003, plus costs. BY THE COURT: Jo WWRg03532637 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COI_TNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Petitioner, No. vs. SARAH D PRICE, Respondent. RULE AND NOW, this __ day of ,200_, upon consideration of the foregoing petition, it is hereby ordered that (1) a Rule is issued upon the Respondent to Show Cause, in the form of written response, Why the arbitration award in the amount of $31,434.53 entered on January 16, 2003, 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; (2) the Respondent shall file an Answer to the Petition within days of service upon the Respondent; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within forty five days of the 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: Jo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC., Petitioner, No.: 04-13086 CIVIL vs. TYPE OF PLEADING: SARAH D. PRICE, PRAECIPE TO SETTLE AND DISCONlTINUE WITHOUT PREJUDICE Respondent. . FILED ON BEHALF OF: Petitione,r COUNSI"L OF RECORD OF THIS P.A.RTY: James C. Warmbrodt PA 1.0. #42524 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 7th Avenue Pittsbur~lh, PA 15219 (412) 434-7955 WWR#03532637 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC., Petitioner, No. 04-6086 CIVIL vs. SARAH D. PRICE" Respondent.. PRAECIPE TO SETTLE AND DISCONTINUE PROTHONOTARY: Kindly settle and discontinue the above-captioned matter and mark the docket accordingly. Respectfully submitted: By: Weltman, Weinberg & Reis Co., L.PA ~ C. Warmbrodt, Esquire W t an, Weinberg & Reis Co., L.PA 1 Koppers Building 36 th Avenue Pi sburgh, PA 15219 12) 434-7955 Swor'1 aJ;1d subscribe,ct before This J.-O- day of ,2005. :".."~".,,._. Werdy l. Gault, ~f'.:i;\; ~C, \'1' Of Pittshurgh, ~Jlegrle; Il' GaUll,}' , , ,"""miS8ion ElI:pire<: Ju\r is, 2006 . -.-------.----. (.'"" c-, ." ~ ,- \..~.!