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HomeMy WebLinkAbout05-4003 <.:;> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, No. ([) J- ~oo3 c.;,j J~ Petitioner, vs. DORIS E. SHUMAN, PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04405252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 05 - Lj'oo3 ~.J~ CACV OF COLORADO, LLC, Petitioner, vs. DORIS E. SHUMAN, Respondent. PETITION TO CONFIRM ARBITRA nON 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 ofFA04l2000386064 and entry of judgment thereon pursuant to the Pennsylvania Uniform Arbitration Act 42 Pa. C.S.A. ~ 7317. In support thereof, Petitioner avers the following: I. 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 1083 Mud Level Road, Shippensburg, PA 17257. 3. Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 4313022999691171. 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 December 21, 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 Mark A. Welge, Esquire, as arbitrator. 6. On or about April 27, 2005, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $5,180.75. A signed copy of the award, duly acknowledged, was served on the parties on or about April 27, 2005. Petitioner's award is attached and made a part of this Petition. 7. Pursuant to 42 Pa.C.S.A. 97319(2), Petitioner shows venue for this Petition is proper because Respondent resides in this county with a post office address of 1083 Mud Level Road, Shippensburg, P A 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. 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: WELTMAN, WEINBERG & REIS, CO., L.P.A. By: wP/v~ / III NATIONAL ARBITRATION FORUM I!ll CACV of Colorado, LLC 370 17th Street Suite 5000 Denver, CO 80202 CLAIMANT(s), AWARD RE: CACV of Colorado, LLC v Doris E Shuman File Number: FA0412000386064 Claimant File Number: 12396018011002168 Doris E Shuman 1083 Mud Level Rd Shippensburg, PA 17257 RESPONDENT(s). The undersigned Arbitrator ill this case FINDS: I. That no known conflict of interest exists. 2. That on or before 12/21/2004 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 $5,180.75. Entered in the State of Pennsylvania M"~(#Uo/ Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly ~nteredand the Forum hereby certifies that a c9Piof~!Jil!~)rd was sent by first class mail posta,ge prepaid tothePa'r(ies at the above referenced adilres~re~entatives, on , ~",,' IIII11'lll"" ~!IIL ~111 "',,"'" :'~> lW ilm tlJD ':S \~\: ,~" .;-. """',/!1) ~\!'('.."~/~ =_\.1f!/:,:;" '.:c'"" ...-. " , .-- Honorable H3roldKalina, Ret. Director Date: 04/27/2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that the Sheriff of Cumberland County is currently attempting service of the within Petition to Confirm Arbitration A ward and Enter Judgment Thereon at the below address. Doris Shuman 1083 Mud Level Road Shippensburg, P A 17257 WELTMAN, WEINBERG & RElS CO., L.P.A. By: William T. Molczan, ire PA !.D. #47437 /, WELTMAN, WE BERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 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. t0~fU ~ Attorney for Petitione WW!(# 04405252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, No. Petitioner, vs. DORIS E. SHUMAN, Respondent. ORDER OF COURT AND NOW, to-wit, this day of , 2005, 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 $5,180.75, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being April 27,2005, plus costs. BY THE COURT: J. -=:b ~ ~ N0 ~ {r.\ ~~ j ~ ~ ~ t\ {- ~ " () c) -n <:-/~ .-' .,' \;::.:... \ ('-' ~- . .- :;::' c'" (@ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, No. 05-4003 CIVIL vs. PRAECIPE FOR DETERMINATION DORIS E. SHUMAN, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA!.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venti(: Pittsburgh, P A ] 52 Ii 9 (412) 434-7955 WWR#04405252 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, vs. Civil Action No. 05-4003 CIVIL DORIS E. SHUMAN, Respondent. PRAECIPE FOR DETERMINATIO:'1 Kindly forward the Petition to Confirm Arbitration Award, which was filed on August 5, 2005, to a Judge for decision. WELTMAN, WEINBERG & REIS CO., L.P.A. ~;If!(f:L~ PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venw: Pittsburgh, P A 15219 (412) 434-7955 WWR #04405252 g ....... ~ ~ tr' :g: ~ ~~ ~~I\ -0 h,C - ~ ~~\~~. ()"l "1::'<' ~C~; -0 %~ ~Q ~ j;< ' ~ c::: =l ~ (.0> ~ co I ' j RECEIVED SEP 16 2005 ~\ WWR# 04405252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Petitioner, No. 0 r - '^/ Cb3 C, ~~ L T E'uv/ CACV OF COLORADO, LLC vs. DORIS E. SHUMAN, Respondent RULE AND NOW, this '20 ~ day of .s:;,~ ,2002: 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 should not be confirmed and judgment entered; (2) the Respondent shall file an Answer to the Petition within z..p days of service upon the Respondent; (3) the petition shall be decided under Pa.R.C.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. , ALED-vrTICE OF THE PROTMONOTARY 2005 SEP 20 PM 4: 00 CU',"'?"'; ,,\ In; 'N''''t )',__.....". ",,1...,V il Pti'!iiSYLVf.iNIA <,:;;> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, No. (9 S-- I{Oo3 c.;,.j J~ Petitioner, vs. DORIS E. SHUMAN, PETITION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT THEREON 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 #04405252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 05 - 1003 ~ -.J~ CACV OF COLORADO, LLC, Petitioner, vs. DORIS E. SHUMAN, Respondent. PETITION TO CONFIRM ARBlTRA nON 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 FA0412000386064 and entry of judgment thereon pursuant to the Pennsylvania Uniform Arbitration Act 42 Pa. C.S.A. !l 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 1083 Mud Level Road, Shippensburg, PA 17257. 3. Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 4313022999691171. 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 December 21, 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 Mark A. Welge, Esquire, as arbitrator. 6. On or about April 27, 2005, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $5,180.75. A signed copy of the award, duly acknowledged, was served on the parties on or about April 27, 2005. Petitioner's award is attached and made a part of this Petition. 7. Pursuant to 42 Pa.C.S.A. 97319(2), Petitioner shows venue for this Petition is proper because Respondent resides in this county with a post office address of 1083 Mud Level 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. 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: WELTMAN, WEINBERG & REIS, CO., L.P.A. By: wd&A/~ / ". III NATIONAL ARBITRATION FORUM @ CACV of Colorado, LLC 370 17th Street Suite 5000 Denver, CO 80202 CLAIMANT(s), AWARD RE: CACV of Colorado, LLC v Doris E Shuman File Number: FA0412000386064 Claimant File Number: 12396018011002168 Doris E Shuman 1083 Mud Level Rd Shippensburg, P A 17257 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: I. That no known conflict of interest exists. 2. That on or before 12/21/2004 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 $5,180.75. Entered in the State of Pennsylvania M",A0~ Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly enterectand the Forum hereby certifies that a c()PYoftt~jI~ar4 was sent by first class mail postage prepaid to the Parties at the above referenced actdresS~(l'\;'Wj~re\entatives, on I ~'C ( 1I11~i~I"tc!ll!l ! ~ ! :-': \ IU IJI IUJ: 0::: ; \~~~\~~)j:""~~~~/ :;:/ ~ \ \'t" ~/~'''"/ <"'" ." ... 1:ei;:1f ~ \~""'- Honorable Harold Kalill", Ret. Director Date: 04/27/2005 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. Doris Shuman 1083 Mud Level Road Shippensburg, PA 17257 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, PA!.D. #47437 /.: WELTMAN, WEI BERG & REIS CO., L.P.A. 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. -<----~ Attorney for Petitione SHERIFF'S RETURN - REGULAR CASE NO: 2005-04003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS SHUMAN DORIS E JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon SHUMAN DORIS E the RESPONDANT , at 2013:00 HOURS, on the 11th day of August , 2005 at 1083 MUD LEVEL ROAD SHIPPENSBURG, PA 17257 by handing to STEPHANIE MILLER, ADULT DAUGHTER OF DEFENDANT a true and attested copy of COMPLAINT AND NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~~. ,-~~~~ 18.00 15.20 .00 10.00 .00 43.20 R. Thomas Kline 08/12/2005 WELTMAN WEINBERG & REIS Sworn and Subscribed to before By: A.D. me this :?~f(P AMiI~l day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, No. 05-4003 Petitioner, vs. MOTION TO MAKE RULE ABSOLUTE DORIS E. SHUMAN, Respondent. FILED ON BEHALF OF: Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR #04405252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, No. 05-4003 Petitioner, vs. DORIS E. SHUMAN, Respondent. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, CACV of Colorado, LLC, 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: I. On or about August 5, 2005, Plaintiff filed a Petition to Confirm Arbitration Award and Enter Judgment Thereon in the amount of $5,180.75 plus statutory interest at the rate of 6.0% from the date of the award, being April 27, 2005, plus costs. 2. On or about September 20, 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 September 28, 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 the Court deems appropriate. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. By: William . Mo czan, PA J.D. #47437 ;/ WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR #04405252 ,) RECEIVED SEP 1 ti Z005 WWR# 04405252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC No. b5.- G/O <D Petitioner, vs. DORIS E. SHUMAN, Respondent RULE AND NOW, this,Vth day o~ 2005 upon consideration of the foregoing petition, it is hereby ordered that (I) a Rule is issued upon the Respondent to Show Cause, in the fonn 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 M days of service upon the Respondent; (3) the petition shall be decided under Pa.R.C.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. EXHIBIT I J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, No. 05-4003 vs. AFFlDA VIT OF SERVICE FOR RULE RETURNABLE DORIS E. SHUMAN, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 152]9 (412) 434-7955 WWR#04405252 EXHIBIT 2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, No. 05-4003 vs. DORlS E. SHUMAN, 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 Jaw, deposes and says that he served a copy of the Rule on the Respondent, Doris E. Shuman, on September 28, 2005, at her last known address of 1083 Mud Level Road, Shippensburg, PA 17257. The Rule Return Date is October 18,2005. A true and correct copy of the cover letter which was sent to Respondent, Doris E. Shuman, enclosing a copy of the Rule Returnable is attached hereto, marked as Exhibit "I" and made a part hereof. Service of the Rule is deemed to be perfected as of September 28, 2005, the date of mailing. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, PA!.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 BURLINGTON, NJ 609.9]4.0437 CH1CAGO, U. 847.940.98]2 CINCINNATI, OR 513723.2200 CLEVELAND, OR 2)6.6S5.1OOO COLUMBUS. DB 614.228.7272 DETROIT, MI 248.362.6100 PmLADELPlIlA, fA 2]5.599.1500 WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS AT LAw 2718 Koppers Buildin: 436 SeveDdi AveDue Pittsburgh, Pelm~yIVilo1\i.a 15119 412.4;l4,7'55 www.weltlllaD.cpm September 28, 2005 Doris Shuman 1083 Mud Level Rd Shippensburg,Pa 17257 Re: CACV of Colorado vs. Shuman Case No. 05-4003 Civil Term Our file No. 04405252 Dear Ms. Shuman: Enclosed please a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $5,180.75 entered on April 27, 2005, should not be confirmed and judgment entered for the full amount of the award. Please note that the Rule is returnable on or before October 18,2005. If you would like to propose a settlement offer or set up a monthly payment arrangement, please contact this office. Thank you for your attention to this matter. 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 day of ,2005, by first class, U.S. Mail, postage-prepaid, addressed as follows: Doris Shuman 1083 Mud Level Rd Shippensburg,Pa 17257 ----- o <;-. ~2: <.-- c~ .:f" ....,.. ""'>'~ Cl. ....,._ . cP ,::..-," ...;.'-' > q. -' "S'.~ (-\1-''''' '01 --J ..", -' ",( ~- -:~ (=~- _:,; -;., ~-\:., \ <j :.:..;;. ...[-: L'~ CO RECEIVE})/ NOV 1 0 Zo05 BY:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION v1 \ CACV OF COLORADO, LLC, No. 05-4003 Petitioner, vs. DORIS E. SHUMAN, Respondent. ORDER OF COURT AND NOW, to-wit, this I 0 ~ day 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 $5,180.75, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being April 27,2005, plus costs. BY THE COURT: J. 411 //~S0~ {~/\ Lf,l L/ 1/ .;;rv ~fl ~ /rc;fd Of} 6 $' ~ E'oj;'/{'~ -:;;Y:J \-:';'i' ;.", 22 :8 HV fi I AON %DZ '" "",', ""'. ,", ""''; ::'1-1; ...rn A'j\fi U:\'~ >i._L",~<::u -" _ ""'..... ' - ::1:;,!._t'.~'n'<Fn.id ",;>.1;_,"" "". . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Petitioner, No. 05-4003 vs. PRAECIPE FOR JUDGMENT PER ORDER OF COURT DORIS E. SHUMAN Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA 1.0. #42524 William T. Molczan PA J.D. #47437 WEL TMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PAl 521 9 (412) 434-7955 WWR #04405252 . ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Petitioner vs. Civil Action No. 05-4003 DORIS E SHUMAN Respondent PRAECIPE FOR JUDGMENT PER ORDER OF COURT TO THE PROTHONOTARY: Pursuant to Pa.R.c.P. 237, 1 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 November 10,2005, kindly enter judgment in favor of Petitioner, CACV of Colorado, LLC, and against the Respondent, Doris E. Shuman, individually, in the amount of $5,180.75 with continuing interest thereon at the statutory interest rate of 6% per annum from April 27, 2005 and costs. A copy of the aforesaid November 10, 2005 Order of Court is attached hereto. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. armbrodt PA J.D. 4 524 / Will/am . Molczan PAf1.D #47437 WE MAN, WEINBERG & REIS CO., L.P.A. 2 Koppers Building 6 Seventh A venue ittsburgh, P A 15219 (412) 434-7955 Petitioner's address is: c/o Weltman, Weinberg & Reis 2718 Koppers Building, 436 tin Avenue, Pittsburgh, PA 15219 The last known address of the Respondent is: 1083 Mud Level Rd,Shippensburg,Pa 17257. WWR #04405252 ,..., RECEIVED NOV 1 0 2005 BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, No. 05-4003 Petitioner, vs. DORIS E. SHUMAN, Respondent. ORDER OF COURT AND NOW, to.wit, this 4 day of l)0\.,~, 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 $5,180.75, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being April 27,2005, plus costs. '."..n~ 11::7 ct"~jt"Y C i~ ~,,' i'., ...,5.. .,. , r, XJ P -It:l. ~ ft. ~ 6 [2' 0- r! ~ ~ -::J j w tI1 F- fl ~1 ~~; '.--' ,...... -n r':-\ c.:', - t.,) -,., Cc,) , ' ...."- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANtA CtVtL DIVIS tON CACV OF COLORADO, LLC Petitioner vs. DORIS E. SHUMAN Respondent Civil Action No. 05-4003 NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff/Petitioner (xx) Defendant/Respondent ( ) Garnishee You are hereby notified that the following Ord~ Judgment was entered against you on -li.L. /1 ;;LDq.. I (xx) ( ) ( ) (xx) Doris E. Shuman 1083 Mud Level Rd Shippensburg,Pa 17257 Judgment in the amount of$5, 180.75 with continuing interest thereon at the statutory interest rate of6% per annum from April 27, 2005 and costs. Trespass Judgment in the amount of$_pluscosts. Ifnot 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. Entry of Judgment of ( X ) Court Order () Non-Pros () Confession () Default ( ) Admission () Verdict () Arbitration Award Prothonota By: PROTH WWR #04405252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, No. 05-4003 vs. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE DORIS E. SHUMAN, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA!.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PAl 5219 (412) 434-7955 WWR#04405252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACY OF COLORADO, LLC, Petitioner, No. 05-4003 vs. DORIS E. SHUMAN, 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. MoJczan, Esquire, known to me, who being duly sworn according to law, deposes and says that he served a copy of the Rule on the Respondent, Doris E. Shuman, on September 28, 2005, at her last known address of 1083 Mud Level Road, Shippensburg, PA 17257. The Rule Return Date is October 18,2005. A true and correct copy of the cover letter which was sent to Respondent, Doris E. Shuman, enclosing a copy of the Rule Returnable is attached hereto, marked as Exhibit "I" and made a part hereof. Service of the Rule is deemed to be perfected as of September 28, 2005, the date of mailing. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, PA!.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 day of . ..~ O..'....OVATIO.. OROWTH.""'!OUL.TS BURLINGTON, NJ 609.9]4.0437 CHICAGO, lL 847.940.9812 CINCINNATI, OR 513.723.2200 CLEVELAND, OH 216_685_1000 COLUMBUS, OR 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 WELTMAN, WEINBERG & REIS CO., L.P.A. AITORNEYS AT LAW 2718 Koppen Building 436 Seventh Avenue Pittsburgh,Pennsylvania 15219 412.434.7955 www.weltm8n.com . September 28, 2005 Doris Shuman 1083 Mud Level Rd Shippensburg,Pa 17257 Re: CACV of Colorado VS. Shuman Case No. 05-4003 Civil Term Our file No. 04405252 Dear Ms. Shuman: Enclosed please a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $5,180.75 entered on April 27, 2005, should not be confirmed and judgment entered for the full amount of the award. Please note that the Rule is returnable on or before October 18, 2005. If you would like to propose a settlement offer or set up a monthly payment arrangement, please contact this office. Thank you for your attention to this matter. Enclosure THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. G~' r-, co.' ~ '7v};\ '- r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff No. 05-4003 Civil Term vs. PRAECIPE FOR WRIT OF EXECUTION DORIS SHUMAN Defendant FILED ON BEHALF OF Plaintiff 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, P A 15219 (412) 434-7955 WWR#M19J 80J l5CiL!OS L S 1- .. .. .. ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 05-4003 Civil Term DORIS SHUMAN Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Doris Shuman, Defendant 3. Judgment Amount $ 5,180.75 SUBTOTAL: $ 843.91 $ 173.50 $ 6,198.16 $ Interest Costs Costs (to be added by Prothonotary): WEL TMAN, WEINBERG & REIS CO., L.P.A. By: M William T. Molcz n squire PA 1.0. #47437 WEL TMAN, WEINBERG & RBIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04193803 ~ ~ ~~'\. ~ ~ -... ~ () ~ (Y:)~ ~ .c:. t ~ - ;- t kf t ..fq.~ . -- . VJ t> ~ ~ r~ ....... ~ ~~~~~~ ~~gO'C\) \ \' \ ~ ~ ,,0 ~- :: ~ ::...+ 'E ... ... Cl::>~ '" ........ - ,... C' ~ 0 ~; ~ -n ,. (I) r' c;; -\:., .-:, :. -l .,... -n rnf::: """'IfTt I ..'iCJ ~ -~3~.~;: , . -'"" l-""') r;..~. l::'T~i c:; " WELTMAN, WEINBERG & REIS .. / .. Co., L.P.A ATTORNEYS AT LAW 2601 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 CLEVELAND. COLUMBUS. CINCINNATI. PITTSBURGH August 28, 2006 RE: CACV vs. SHUMAN COURT #: 05-4003 CIVIL TERM TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT(S) AT THE FOLLOWING ADDRESS(ES): DORIS SHUMAN 1083 MUD LEVEL RD SHIPPENSBURG,PA 17257 PLEASE CONFIRM SERVICE BY SENDING NOTICE TO: WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT .... COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4003 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO, LLC, Plaintiff (s) From DORIS SHUMAN, 1083 MUD LEVEL RD., SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,180.75 Interest $843.91 Arty's Comm % Atty Paid $125.20 Plaintiff Paid Date: SEPTEMBER 6, 2006 LL $.50 Due Prothy Other Costs fJ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, P A 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 10.00 Advance Costs: 150.00 Sheriffs Costs: 87.10 $ 62.90 Sheriffs Costs: .50 1.00 17.60 20.00 20.00 Refunded to Atty on 10/25/06 87.10 ./ JJ/D3J 0& ~ So Answers; ..r~~~ R. Thomas Kline, sil~ (\O~Q.-~~6~~ ~audia A. Brewbaker ~ t ~ .'~ H'iilJ :~ .;~ '/"1ilJ Of :01 '\j S I d3S qUOl "g ,..~ Clfi] :_~~-::::::::..:r ,:;-~:i) ~)\.L Ii ~) ::J .....l.::li~I]HS J -, !",1 j , I ~) ~J -J )"'1 -J.-I ',,1 l.~ Clt.5~ J 1~ / ~ /f{D/'~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4003 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO, LLC, Plaintiff (s) From DORIS SHUMAN, 1083 MUD LEVEL RD., SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,180.75 Interest $843.91 L.L. $.50 (Seal) Due Prothy $1.00 f~ Prothonotary By: Arty's Comm % Arty Paid $125.20 Plaintiff Paid Date: SEPTEMBER 6, 2006 Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 . \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff No. 05-4003 CIVIL TERM vs. PRAECIPE FOR SATISFACTION OF JUDGMENT DORIS SHUMAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: PATRICK THOMAS WOODMAN, Esquire PA. I.D.#93507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04405252 - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 05-4003 CIVIL TERM DORIS SHUMAN Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ~~~ (JJfX)~ PATRICK THOMAS WOODMAN, Esquire PA. 1.0.#93507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04405252 COMMONWEALTH 0::: PD"I\lSYL v /\','....:. Notana, Seal Wendo,; L. Gault, N' <dry Public City Of p,tbburg~:, ;:,':;heny County I My Com~"'siO~: "~~!~I~=sJ~ly 15, 201 ~ -:::,< Member, pelln~)'f!F'~r:I'~ lJ,S~ll,_Jd~K"I~ of Not .,\.... .-.;; = = ......J ~ -c; /~ N ~ :? _.- -n 01F -atD :fJ err :)~~\ l:?l.:~l ..) :'.-\ 5:i :....< - N CJl