Loading...
HomeMy WebLinkAbout08-1949NC029525 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 NCO PORTFOLIO MANAGEMENT ASSIGNEE OF MBNA 1804 WASHINGTON BLVD BALTIMORE, MD 21230 LYNN J TROUTMAN 918 SUSAN CIRCLE ENOLA PA 17025-1830 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: o$ - lg41 Civ l -&P.% NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. According to the terms and conditions governing the use of the credit card, defendant and plaintiff agreed to submit all disputes to a binding arbitration forum. 4. The plaintiff filed a claim with the National Arbitration Forum that defendant(s) defaulted on payments due. The claim was properly served upon the defendant(s). 5. On about March 28, 2007 the National Arbitration Forum conducted a hearing regarding the plaintiff's claims that defendant defaulted on the terms of the card agreement and returned an award in favor of the plaintiff in the amount of about $7,093.22. 6. Plaintiff has made demand upon the defendant(s) for payment of the award in the amount of about $7,093.22 but the defendant(s) has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant(s) is/are liable to plaintiff in the amount of $7,093.22 pursuant to the private Arbitration Award, a copy of which is attached hereto, if available, as Exhibit "A". WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,093.22. GORDON & WEINBERG, P.C. r r BY: FREDERIC WEI RG, ESQUIRE JOEL M. FL SQUIRE Attorney for Plaintiff PO1K VERIFICATION Frederic I. Weinberg, Esquire and JOEL M. FLINK, ESQUIRE, hereby state that they are attorneys for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of their knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. INBER , ESQUIRE JOEL M. FLINK ES RE EXHIBIT "A" 0 )4 ! NATIONAL ARBITRATION FORUM NCO Portfolio Management, Inc. c/o NCO Financial Systems, Inc 1804 Washington Blvd. Department 500 Baltimore, MD 21230 ......... ... ........ ...... ..... __..._ CLAIMANT(s), AWAR RE: NCO Portfolio Management, Inc.. v Lynn J I routman File Number: FA0702000912968 Claimant Account Number: 22-JTD01'7C549099,7999641866 Lynn J Troutman 918 Susan Cir Enola, PA 17025 RESPONDENI(s).. The undersigned Arbitrator in this case FINDS and CONCLUDES: Case Summary 1 the Claimant has filed a Claim with the National Arbitration Forum.. 2. After Proof of Service of the Claim was filed with the Forum, the Forum mailed to Respondent a Second Notice of Arbitration 3. An arbitration heating notice was duly delivered to the Parties as required by the Forum Rules. 4. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 5 The Arbitrator has reviewed all evidence submitted in this case Decision I The Arbitrator knows of no conflict of interests that exist. 2 This matter involves interstate commerce and the Federal Arbitration Act governs this arbitration. 3 The Claim was properly saved on the Respondent by Claimant in accordance with Rule 6, including a Notice of Arbitration 4 On or before 02/082007 the Parties entered into a written agreement to arbitrate their dispute. 5 No Party has asserted that this Arbitration Agreement is invalid or unenforceable. 6 The Parties' Arbitration Agreement is valid and enforceable and governs all the issues in dispute 7 This matter is arbitrable under the terms of the Parties' Arbitration Agreement and the law 8 This matter has proceeded in accord with the applicable Forum Code of Procedure Rules 9. The evidence submitted supports the issuance of this Award. 10 the applicable substantive law supports the issuance of the Award Iherefore, the Arbitrator, ISSUES: An Award in favor of the Claimant, for a total amount of $7,093.22.. Entered and Affirmed in the State of Pennsylvania Bum CHRismNsm, W. ARarrimroR ACKNOWLEDGEMENI AND CERITFICAIE OF SERVICE This Award was duly entered andthe Forum hereby certifies that pursuant to the Parties' Aion?me?rrt, a copy of this Award was sent by first class rpatl postage pre#id to t?e Parties at the above referenced addresses-;or their Reores?lntativ,es, on this date. r Date: 0328/2007 :; _.Y.. Director;/ x?. ` = ?.+ .C d 7 r O -fl cV -,- ; __ ?' N) J SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01949 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NCO PORTFOLIO MANAGEMENT VS TROUTMAN LYNN J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TROUTMAN LYNN J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , TROUTMAN LYNN J 918 SUSAN CIRCLE NOT FOUND , as to ENOLA, PA 17025-1830 PER POST OFFICE, DEFENDANT'S ADDRESS IS 398 KINGS HWY LOT 11 MARYSVILLE, PA 17053. - PERRY COUNTY Sheriff's Costs: Docketing 18.00 Service 15.00 Not Found 5.00 Surcharge 10.00 Postage /? 58 ,??? y J? 4 c /vim 48.58 So answer?s-? R. Thomas Kline Sheriff of Cumberland County GORDON & WEINBERG 04/02/2008 Sworn and Subscribed to before me this day of A. D.