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Home My WebLink About05-3222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Petitioner, No. 05 -2.;ta~ {2-u~['[-0Z...rv( CACV OF COLORADO, LLC, vs. GLORIA M. ROSENBERRY, PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04308548 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, No. OS -..J~;)'~ C,'u~L ~~ vs. GLORIA M. ROSENBERRY, 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.PA, and files the within Petition for confirmation of an Arbitration Award, National Arbitration Forum number of FA04090000331604 and entry of judgment thereon pursuant to the Pennsylvania Uniform Arbitration Act 42 Pa. C.SA 9 7317, 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 340 Airport Road, Shippensburg, PA 17257. 3. Petitioner and Respondent entered into a Card member Agreement for a credit card bearing the account number 74998999462332. 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 September 17, 2004, Petitioner submitted its dispute with Respondent 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 18, 2005, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $26,702.32. A signed copy of the award, duly acknowledged, was served on the parties on or about January 18, 2005. Petitioner's award is attached and made a part of this Petition. 7. Pursuant to 42 Pa.C.SA 97319(2), Petitioner shows venue for this Petition is proper because Respondent resides in this county with a post office address of 340 Airport 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.SA 97314. 9. Pursuant to 42 Pa.C.S.A. 97313, Petitioner is entitled to an order of this Court confirming the arbitration award. 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: REIS, CO., LPA By: B njamin R. Bibler, Esquire A I.D. #93598 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04308548 III NATIONAL ARBITRATION FORUM Ill> CACV of Colorado, LLC 370 17th Street Suite 5000 Denver, CO 80202 CLAIMANT(s), AWARD RE: CACV of Colorado, LLC v Gloria M Rosenberry File Number: FA0409000331604 Claimant File Number: 12743147030900096 Gloria M Rosenberry 340 Airport Rd Shippensburg, PAl 7257 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 09/17/2004 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 A ward as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $26,702.32. Entered in the State of Pennsylvania ~~- Ho rab Jack M. Marden Arbl or ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE TIris Award was dulY.9llere.d and the Forum hereby certifies that a c~ ~hi~~ was sent by fITSt class mail pos~. e~11~ie, s at the above referenced acJl!re . rt:,\entatives, on i~; liltl .~\ .......\ 'a:::i \-0 ~-====--~ :;: ~ ~ r - Honorable . . Rct. Director Date: 01/18/2005 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. Gloria M. Rosenberry 340 Airport Road Shippensburg, PA 17257 By: Ben' h R. I er, Esqui PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.PA 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 () -ba.. ~ ~ ~ Crt ....., 0 co r.~") 0 r,~ c.~:,> -n LJ"'l IJ( .-< ::1::0 ....... ~ Or rl1;:=.-_ 6"- -nf11 ~ f',.) .':""10 V) -- W ,.:~} ~~ ~ f'- 0v r:?r5 t '. - ~ ~ I (jnl -..() C,,) ---1 -',.. ,,:., C,) ..J ~ .[:,"4 .< ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.com BURLINGTON, NJ 6099140437 CHICAGO,IL 847.940.9812 CINCINNA n, 0" 513,7232200 CLEVELAND. 0" 216.685.1000 COLUMBUS. 0" 6142287272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 WELTMAN, WEINBERG & REIS CO., L.P.A. June 10, 2005 Office of the Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 In Re: Gloria Rosenberry Creditor: CACV of Colorado Account No. 74998999462332 Our File No. 04308548 Dear Sir or Madam: 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. Kimberly Coyne, Paralegal Enclosure CACV of Colorado, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 05-3222 CIVlL TERM Gloria M. Rosenberry, Defendant CIVIL ACTION-IN EQUITY SUGGESTION OF BANKRUPTCY To the Prothonotary: Please file in the above captioned case the Suggestion of Bankruptcy as Evidence that the Defendant, Gloria M. Rosenberry, in this case has filed for bankruptcy protection under Chapter I3 of the United States Bankruptcy Code on July 26,2005 at Docket No. 1-05-04915-MDF. METZGER WICK SHAM KNAUSS & ERB, P.c. By 7z5..;/L...- Steven P. Miner, Esquire J.D. #: 38901 3211 N. Front Street PO Box 5300 Harrisburg, P A 17110-0300 Dated: (5 {LI (05 33322/./ CACV of Colorado, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 05-3222 CIVlL TERM Gloria M. Rosenberry, Defendant CIVIL ACTION-IN EQUITY CERTIFICATE OF SERVICE AND NOW, this 4th day of August, 2005, I, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served the foregoing Suggestion of Bankruptcy this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: CACV of Colorado, LLC 1999 Broadway Suite 2150 Denver, CO 80202 Benjamin R. Bibler, Esquire Weltman, Weinberg & Reis Co., LP A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By: /~~ ( , Stevtn P. Miner, Esquire 33322/-/ ~ ~ ~ ~ ~~ ..,., ~ '&~~". ~~ \~ 'ie> ~ ~ 7?:.<\" ,:;: ~ 'Y :... ';4 <S' - SHERIFF'S RETURN - REGULAR CASE NO: 2005-03222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS ROSENBERRY GLORIA M BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PETITION TO CONFIRM was served upon ROSENBERRY GLORIA M the RESPONDANT , at 1733:00 HOURS, on the 27th day of June , 2005 at 340 AIRPORT ROAD SHIPPENSBURG, PA 17257 by handing to GLORIA ROSENBERRY a true and attested copy of PETITION TO CONFIRM together with ARBITRATION AWARD AND ENTER JUDGMENT THEREON and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.06 .00 10.00 .00 42.06 -f"""'/2~........c /.4 -rl .....;.~ ~ R. Thomas Kline me this .Cv 5~ day of 06/28/2005 WELTMAN WENB~ By: Ik4~ Deputy Sheriff Sworn and Subscribed to before pP y - ----" 0,\ c2()O:{ A.D. (~C1~~ rothonotary WWR# 04308548 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO. LLC No. Of; - JJ.~~ C-<J~l ~~ Petitioner, vs. GLORIA M. ROSENBERRY, Respondent RULE AND NOW, this ;)..~' day of </..J., ordered that , 200[, upon consideration of the foregoing petition, it is hereby (1) a Rule is issued upon the Respondent to Show Cause, in the form of written response, Why the arbitration award should not be confirmed and judgment entered; (2) the Respondent shall file an Answer to the Petition within 2. &1 days of service upon the Respondent; (3) the petition shall be decided under PaRC.P. No. 206.7; (4) discovery shall be completed within forty five (45) 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. J. f.ILED'-{!i. i.::Cf: "F TL'~ -'-')-'-"',"'Y!'W v Ili: h'~;, ::-;-,':\;,;) \nr 20D5 JUL 25 PH 3: !; 6 ~ ~' 1::x: 'P.P " , '"' ~ "'- 17" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC., Plaintiff No. 05-3222 vs. SUGGESTION OF BANKRUPTCY GLORIA M. ROSENBERRY, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES P. VALECKO, ESQ. PA ID 79596 WELTMAN, WEINBERG & REIS CO. L.PA 2718 KOPPERS BUILDING 436 7TH AVE. PITTSBURGH, PA. 15219 (412) 434-7955 WWR#04308548 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO. LLC.. Plaintiff No. 05-3222 vs. GLORIA M. ROSENBERRY, Defendant SUGGESTION OF BANKRUPTCY TO PROTHONOTARY: AND NOW comes Plaintiff, by counsel, Weltman, Weinberg & Reis, Co., L.P.A. to advise this Honorable Court that the above named Defendant, Gloria M. Rosenberry, has filed a Chapter 13 Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania at Bankruptcy Case Number 05-04915, and accordingly, all proceedings in this Court are stayed pursuant to 11 U.S.C. 5362. WEL TrjERG & REIS CO., L.PA By ~.i. James P" lecko, Esq. Attorne or Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 C", ..::'~ '-,..-',> c;.,;'\ r- :{1 .--\ ::,C"'T"', n'-""- \.: '('1 1 .r;:- }, {.c.~ -..... r:-:i __,L (') ~.,.~. -I -