Free Proposed Supersedeas Bond - District Court of Colorado - Colorado

Case 1:02-cv-02220-PSF-PAC

Document 114

Filed 07/12/2005

BOND NO. 929338906

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO
Civil Case No. 02-cv-02220-PSF-PAC . ,, ,,._. Appell^rr_

RAY LEVELLE, Plaintiff,

V.
PENSKE LOGISTICS, a subsidiary of Penske Truck Leasing,

Defendant
SUPERSEDEAS BOND

Appell_£*L_

We, the appellant, as principal, and Western Surety Company , sureties, are held and firmly bound to the appellee in the sum of$ 225,000. to be paid to appellee (his heirs, executors, administrators, or assigns or its successors or assign), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, or assigns, jointly and severally, by this instrument. Whereas, on June 21 , 2005 , in an action pending in the above court, between the plaintiff and the defendant, judgment was rendered against Penske Logistics , and the appellant having filed a Notice of Appeal from such judgment to the United States Court of Appeals for the Tenth Circuit and having applied for and obtained an order of the District Court staying enforcement of such judgment during the pendency of the appeal. Now, therefore, the condition of this obligation is that if the appellant shall prosecute his appeal to effect and shall satisfy the judgment in full, together with costs, interest, and damages for delay if the appeal is finally dismissed or the judgment is affirmed or shall satisfy in full such judgment as modified together with such costs, interests, and damages as the Court of Appeals may adjudge and award, this obligation shall be void; otherwise it shall remain in full service and effect. Pursuant to Rule 8(b) of the Federal Rules of Appellate Procedure, Western Surety Co. hereby submit themselves to the jurisdiction of the District Court. Dated this 29th day of June
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as the sureties,

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COMPANY Attorney-In-Fact ^

Penske Logistics LLC Appell Atft RT. 10, GREEN HILLS, P.O. BOX 563 READING. PA 19603-0563 Address

Suretyn. Edmond Smith CNA PLAZA Chicago. IL Address

_!____ 60685

APPROVED:

United States District Judge

Case 1:02-cv-02220-PSF-PAC

Western Surety Company

Document 114

Filed 07/12/2005

Page 2 of 3

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint

James R Loomis, H Edmond Smith Jr, Edward J Cavanaugh, James R Stonaha, Eric L Henry, Marian L Zaffary, Dennis T Bowman, Rebecca A Klemmer, Joseph J Reedy, Individually

of Wyorrrissing, PA, its true and lawful Attomey(s>tn-Fact with full power and authority hereby-conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature

- In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of July, 2003.

WESTERN SURETY C O M P A N Y

Paul XBruflat, Senior Vice President State of South Dakota County of Minnehaha

}

On mis 23rd day of July, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; mat he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; mat he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.

My commission expires
November 30,2006

**·

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D. KRELL

J

J/gSTfSNOTARY PUBLIC/ JVSf$ysOUTH DAKOTAlS^x
4>>HH<
i Public CERTIFICATE

I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29th day of June , 200S .

WESTERN

SURETY COMPANY

Of
/
FormF4280-01-02

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Assistant Secretary --> L. Nelson, ,Assistant Si

Case 1:02-cv-02220-PSF-PAC

Document 114

Filed 07/12/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 12th day of July, 2005, a true and correct copy of the foregoing SUPERSEDEAS BOND was sent via CM/ECF electronic filing, addressed to the following party. : Patricia S. Bangert Patricia S. Bangert, L.L.C. 3773 Cherry Creek Drive North, Suite 575 Denver, CO 80209 Teresa Zoltanski 709 Clarkson Denver, CO 80218

s/Gale S. Antczak Gale S. Antczak
Firmwide:80133044.1 025981.1020