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HomeMy WebLinkAbout05-5254 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, No. 0 $" - Sl5~ (3~~L ~'\ Petitioner, vs. BARBARA KLINGENSMITH, 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 l.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR #04510193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, No. 05"- 6..2 Sf d;;J-r::- Petitioner, vs. BARBARA KLINGENSMITH, 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 FA0412000394108 and entry of judgment thereon pursuant to the Pennsylvania Uniform Arbitration Act 42 Pac C.S.A. S 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 42 Eastwick Lane, Carlisle, P A 17013. 3. Petitioner and Respondent entered into a Cardmember Agreement for a credit card bearing the account number 4264290997080643. 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 29, 2005, 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 E. Gerald Donnelly, Esquire, as arbitrator. 6. On or about June 9, 2005, in the state of Pennsylvania, the arbitrator made his award determining all issues submitted to him, and awarded Petitioner the sum of $27,183.48. A signed copy of the award, duly acknowledged, was served on the parties on or about June 9, 2005. Petitioner's award is attached and made a part of this Petition. 7. Pursuant to 42 Pa.C.S.A. ~73l9(2), Petitioner shows venue for this Petition is proper because Respondent resides in this county with a post office address of 42 Eastwick Lane, Carlisle, PA 17013. 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. ~73l4. 9. Pursuant to 42 Pa.C.S.A. ~7313, 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: ~~~ William T. Molczan, E~re PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR #04510193 ... III NATIONAL ARBITRATION FORUM @ CACY of Colorado, LLC 370 17th Street Suite 5000 Denver, CO 80202 CLAIMANT(s), AWARD RE: CACV of Colorado, LLC v Barbara Klingensmith File Number: FA0412000394108 Claimant File Number: 12882147040600285 Barbara Klingensmith 5] 4 Grahams Woods Rd Carlisle, PA ]7013 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: ]. That no known conflict of interest exists. 2. That on or before] 2/29/2004 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 infonnation to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence subm itted 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 $27,183.48. Entered in the State of Pennsylvania ~i~rt~ Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was dulYt':ntereQ and the Forum hereby certifies that a co...pyof:thi~lA. ward was sent by first . .w"".. <. class mail post~ge pref:J<lid to the Parties at the above referenced add res '. p~:s:entatives, on Date: 06/09/2005 EXHIS;T fJ-.- " .... ...., ~~,.h'\\'~c--. Honorable Hal'old Kalina. Ret. Director t' 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. Barbara Klingensmith 42 Eastwick Lane Carlisle, PA 17013 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 : VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.e.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. (C) "*' - ~ ...c tr) - -t::::. r::J ~ '\I lI( 't\:. .l0 ~ lI1 ~ \) ~~ [1- -.....--... (j ~: r-' ~.-:;.. t<~_:? G__r'l C) C; _A ~ .-1 :-r:4'" 1\'~.. rt I C5" ".,.__i.';/ - ,.~. "1 .:-:~:~ ,::::;:j ':::~\\ \\ -r- ~J:J :.,.,: ~ ~?~.. (..,) \"~" -.l - SHERIFF'S RETURN - REGULAR CASE NO: 2005-05254 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS KLINGENSMITH BARBARA WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PETITION was served upon KLINGENSMITH BARBARA the RESPONDANT , at 1551:00 HOURS, on the 14th day of October 2005 at 42 EASTWICK LANE CARLISLE, PA 17013 by handin9 to RICHARD KLINGENSMITH, HUSBAND a true and attested copy of PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.80 .00 10.00 .00 32.80 ~.........,.? ~ ~. " ..1 ...~'!:. ".. .).:,;~"'....:.........d;~ .~ , R. Thomas Kline 10/17/2005 WELTMAN WEINBERG REIS Sworn and Subscribed to before By: /~v~ . Deputy Sheriff me this ~ day of I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, No. 05-5254 CIVIL vs. PRAECIPE FOR DETERMINATION BARBARA KLINGENSMITH, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF TI-IIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PA 15219 (412) 434-7955 WWR#04510193 ::;:!; \ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Petitioner, vs. Civil Action No. 05-5254 CIVIL BARBARA KLINGENSMITH, Respondent. PRAECIPE FOR DETERMINA nON Kindly forward the Petition to Confirm Arbitration Award, which was filed on October 6, 2005, to a Judge for decision. WELTMAN, WEINBERG & RBIS CO., L.P.A. , / / / ~r.- '1// L----- By: ,/V /~ /" William T. Molczan, Esquj/e PA l.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#045I0193 ~::1 '.'.;. 'c:) ------- -- WWR# 04510193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. OS' - S';).S~ ( c;u,<-L J~ CACV OF COLORADO, LLC Petitioner, vs. BARBARA KLINGENSMITH, Respondent RULE AND NOW, this I~ay of ~200.rupon 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 I ~ _ days of service upon the Respondent; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; ..Pb -- .,.. ,. "..". ...; ~ (4)~iscovery shall be completed within forty five (45) days of the service upon Petitioner ofthe Answer to the Petition; (5) notice of the entry of this order shall be provided t J. (J - (~{)<)C!~ ,~ :f1JJ ; \' /,j,' zs;Z \l,<j \ _ "")i.1,(\;'7 ,J_IU J\.lJv '" ;Jv ,. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CACV OF COLORADO, Petitioner, No OJ"5/5Y vs. AFFlDA VIT OF SERVICE FOR RULE RETURNABLE BARBARA KLINGENSMITH, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412)434-7955 WWR#04510193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, Petitioner, 0) No. Stf-5254 vs. BARBARA KLINGENSMITH, 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 Rule on the Respondent, Barbara Klingensmith, on December 14,2005, at her last known address of 42 Eastwick Lane, Carlisle, PA 17013. The Rule Return Date is December 27, 2005. A true and correct copy of the cover letter which was sent to Respondent, Barbara Klingensmith, 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 December 14,2005, the date of mailing. WELTMAN, WEINBERG & RElS CO., L.P.A. i~ ~ By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & RElS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 Sworn to and subscribed before me this a:r day Of~= '~~. .- , .,~ / \ /' ~.NOTARY P'tmIJC I / r--' . BROOKLYN HIS., OR 216.739.5100 BlJRUNGfON, NJ 609.914.0437 anCAGO, IL 312782.9676 CINCINNATI, OR 513.723.2200 CLEVElAND, OR 216.685.100::1 \VELlMAN, WEINBERG &.REIs CO., LP.A ATIORNEYS AT lAw J.t"'"tt' ~ -'-..c.;' -'_O~ c..Owt~.AESUlTS COlllMBUS, OR 614.228.7272 DEERF1EID, IL 847.940.9812 DImlorr. Ml 248.362.6100 GROVE CTIY. on 614.&H.WXl PBIlADEll'IIIA, PA 215599.1500 December 14, 2005 Barbara Klingensmith 42 Eastwick Ln Carlisle,Pa 17013 Re: CACV of Colorado vs. Klingensmith Case No. 05-5254 Our file No. 04510193 Dear Ms. Klingensmith: Enclosed please a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $27,183.48 entered on June 9, 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 December 27,2005. 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. Ki Enclosure THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C') C r-.) ~:'::'~ <;.;.... c_ "2-": \ \.D -~ -~,.. (~"? '-'" (,) ., -' .,- -In IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, os No. ~-5254 Petitioner, vs. MOTION TO MAKE RULE ABSOLUTE BARBARA KLINGENSMITH, 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 A venue Pittsburgh, PA 15219 (412) 434-7955 WWR#04510193 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, os No.-ll4-5254 Petitioner, vs. BARBARA KLINGENSMITH, 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: 1. On or about October 6, 2005, Plaintiff filed a Petition to Confirm Arbitration Award and Enter Judgment Thereon in the amount of $27,183.48 plus statutory interest at the rate of 6.0% from the date of the award, being June 9, 2005, plus costs. 2. On or about December I, 2005, this Honorable Court issued a Rule to Show Cause why the arbitration award should not be confirmed and judgment entered thereon. A copy ofthe Rule is attached hereto as Exhibit" I" and made a part hereof. 3. On or about December 14,2005, 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 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. Mol an, Es ire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04510193 WWR# 04510193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC No. oS' - .S).S~ c c;c..>'~L I~ Petitioner, vs. BARBARA KLINGENSMITH, Respondent RULE AND NOW, this I~ay of ~20ofupon consideration ofthe 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 I ~ days of service upon the Respondent; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; ..96 _ *~.- .M.."'; ~ (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 t J. t- !RIJE l,OPV FROM RECORD ......~;.ootlmooy ~1leraof. I nere unto sat my IIaIG "o:J the seal 01 sakl Court Carlisle. Pa. r f, oJ -C1-- ,o~ ~. EX/IBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL Y ANIA CIVIL DIVISION CACY OF COLORADO, Petitioner, No. 04-5254 vs. AFFIDAVIT OF SERVICE FOR RULE RETURNABLE BARBARA KLINGENSMITH, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF TillS 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#0451 0193 E)(H\B\'t (l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, Petitioner, No. 04-5254 vs. BARBARA KLINGENSMITH, 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 Rule on the Respondent, Barbara Klingensmith, on December 14, 2005, at her last known address of 42 Eastwick Lane, Carlisle, PA 17013. The Rule Return Date is December 27, 2005. A true and correct copy of the cover letter which was sent to Respondent, Barbara Klingensmith, enclosing a copy of the Rule Returnable is attached hereto, marked as Exhibit "1" and made a paJ1 hereof. Service of the Rule is deemed to be perfected as of December 14,2005, the date of mailing. WELTMAN, WEINBERG & RBIS CO., L.P.A. ~i~, .VV---- By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & RBIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me this ar day.ortSl::- ~ ,22S;' ,/ I '_,I ,/, j'.....,. / \~/ '" /NOTARYP IC / r-------p. . i I ! ".- ~,-"i.; , ~'._'. :=:.~ \..A' '--'.",' , ._.~~;:::~~~t -".v" EXHIBIT '3 BROOKLYN HIS.. OB 216,739.5100 BVRUNGTON, NJ 609.9]4.0437 anOlGO,IL 312782.9576 CINONNAn DB 513m= CUVElAND, OH 216.685.1000 ~lMAN, \\EJ:NBERG&RErs (b., LPA A'I"lORNE\'SATlAw .~""'::l't. 7h ._~ OOt,.."".....uucn COUlMBUS, DB 6]4.228. 7Il2 DEERFIElD, IL 847.940.9g12 DEIROlT, 1'111 248.362.6100 GROVE CllY, DB 614J!OL2f:OO PHIlADElPHIA, PA ZI5.599.15OO December 14, 2005 Barbara Klingensmith 42 Eastwick Ln Carlisle,Pa 17013 Re: CACV of Colorado vs. Klingensmith Case No. 05-5254 Our file No. 04510193 Dear Ms. Klingensmith: Enclosed please a Rule issued upon you, the Respondent, to show cause why the arbitration award in the amount of $27,183.48 entered on June 9, 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 December 27,2005. 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. Ki Enclosure THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXH~IT . CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Rule Absolute was served on Respondent this 6l'J1:l day of -JY\' )arc) 2006, by first class, U. S. Mail, postage-prepaid, addressed as follows: Barbara Klingensmith 42 Eastwick Ln Carlisle,Pa 17013 :) -'n ....q C';"l 0'1 OJ i""") ,-0 '. ) 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, os- No.~-5254 Petitioner, vs. BARBARA KLINGENSMITH, Respondent. ORDER OF COURT AND NOW, to-wit, thisCday of ~ , 2006, 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 $27,183.48, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being June 9, 2005, plus costs. ,/ ) r:HE. COURT:/" ~.... .........-../ ~ A 4~ J. :1 \~ -'2 ~~ ~. ~ s ~~ ( t~ ~p>-> , :;; c , ;(: , I :[] iN II! ti].:l soaz jO . IN THE COURT OF COMMON PLEAS Or CUMB2RLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, Petitioner, No. 05-5254 vs. PRAECIPE FOR JUDGMENT PER ORDER OF COURT BARBARA KLINGENSMITH, Respondent. FILED ON BEHALF OF Petitioner COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & RBIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (4\2) 434-7955 WWR# . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, Petitioner vs. Civil Action No. 05-5254 BARBARA KLINGENSMITH, 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. ln that regard, pursuant to the Order of Court, dated February \3,2006, kindly enter judgment in favor of Petitioner, CACV of Colorado, and against the Respondent, Barbara Klingensmith, individually, in the amount of $27,183.48 with continuing interest thereon at the statutory interest rate of6% per annum from June 9, 2005 and costs. A copy of the aforesaid February 13,2006 Order of Court is attached hereto. WELTMAN, WEINBERG & RElS CO., L.P.A. By/UJL.F William T. Molcim PA 1.0. #47437 WELTMAN, WEINBERG & REfS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PAl 5219 (412) 434-7955 Petitioner's address is: c/o Weltman, Weinberg & Reis 2718 Koppers Building, 436 7" Avenue, Pittsburgh, PA 15219 The last known address of the Respondent is: 42 Eastwick Ln Carlisle,Pa 17013 WWR# ) y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, os- NoAl4-5254 Petitioner, VS. BARBARA KLINGENSMITH, Respondent. ORDER OF COURT ~ AND NOW, to-wit, this C day of ~ ' 2006, upon consideration of Petitioner's Motion for Rule Absolnte, 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 $27,183.48, with continuing interest thereon at the statutory interest rate of 6% per annum from the date of the award, being June 9. 2005, plus costs. IW THE COURT: L.:::;?\/! J. ~, -- < ~ . ~ ; c, '...... . ,~ .'" I!1Y~""i:" .- ~ ....,i~."ty l')l~t:\ ,~l : ~~'[i';; )i,:::, H..>'.J ,;t"O !'1J~ i/~ .1'-4, ,i~,', .., '>,,', ,~ Tlu~ :yG- ~~",~~ " ;~J~: .":'~'Ck';~(. ( /,'-<1";' (l---:~, ~. Prothonotllr~ C: x:) ~ ~ 9- 1:t- ~ :-G \) F '- ~ \) (-, r-...' . r:'..'" ,--, ~ p:J ;--... -n ~ ~.... ()J c, ,-" - ~ CI( , ........ .- K" 0- 0( l:: --.... --.... - -'-- ,'-j-; /' C,' --...... C"") c::.; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, Petitioner vs. Civil Action No. 05-5254 BARBARA KLINGENSMITH, Respondent NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff/Petitioner (xx) Defendant/Respondent ( ) Garnishee You are hereby notified that the following order'tifr Jud~ment was entered against you on __" d "f cl.CDi:, I (xx) Judgment in the amount of $27, 183.48 with continuing interest thereon at the statutory interest rate of6% per annum from June 9, 2005 and costs. () Trespass Judgment in the amount of$_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 Traftlc Safety, Harrisburg, PA. (xx) Barbara Klingensmith 42 Eastwick Ln CarIisle,Pa 17013 WWR#