The URL can be used to link to this page

Home My WebLink About08-7019iJ 2053180 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 FIA CARD SERVICES, N.A. F/K/A COURT OF COMMON PLEAS BANK OF AMERICA CUMBERLAND COUNTY 1825 E. BUCKEYE RD. PHOENIX, AZ 85034 vs . DOCKET NO . Q ~- ~ D ~ / Cn! I ~~ !-,+~ CYNTHIA L GAISIOR 409 SHELLY LANE Mechanicsburg PA 17050 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 8/13/08the 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 $13,347.29. 6. Plaintiff has made demand upon the defendant(s) for payment of the award in the amount of about $13,347.29but 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 $13,347.29 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 $13,347.29. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB RG, ESQUIRE JOEL M. FLIN QUIRE Attorney for Plaintiff P01K 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 INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE EXHIBIT "A" NATIUNAi. ARB17'RATION FORUM FIA Card Services, N.A. Frederick J. Hanna 8: Associates, P.C. 1427 Roswell Rd Marietta, GA 300b2 CLAfMANT(s), AWARD RE: FIA Card Services, N.A. v C nthia L Gaisior Fite Number:~~~ Claimant Account Number: Cynthia L Gaisior 409 Shelly Lane Mechanicsburg, PA ] 7050 RESPONDENT(S). The undersigned Arbitrator in this case FINDS and CONCLUDES: . Case Summary 1. 'fhe 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 hearing notice was duty 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 contiict of interests that exist. 2. Phis matter involves interstate commerce and the Federal Arbitration Act govems this arbitration. 3. The C.'laim was properly served on the Respondent by Claimant in accord with Rule 6, including a Notice of Arbitration. 4. On or before June 25, 2008 the Parties entered iota a written agreement to arbitrate their dispute. ~. No Party has asserted that this Arbitration Agreement is invalid or unenforceable. (i. 7~hc Parties' Arbitration Agreement is valid and enforceable and governs all Ills issues in dispute. 7. This matter is arbitrable under the terms of the Parties' Arbitration Agreement and the ]aw. 8. 'T'his matter has proceeded in accord with the applicable Code of Procedure Rules. 9. 7?te evidence submitted supports the issuance of this Award. 10. The applicable substantive law supports the issuance of the Award. Therefore, the Arbitrator ISSUF,S: An Award in lavor of the Claimant, for a total amount of $13,347.29. l:ntcred and At7inned in the State of Pennsylvania (,~lG• ~~Cl~\ Cole l3. Silver, Fsq. Arbitrator ACKNOWliEDGEMENTA°1VD CERTIFfCATE OF SERVICE 't'his Award was duly entered and the Forum hei•cby certifies that pursuant to the Parties' Arbifiation.Agteetnent, acopy ofthis Award was sent by first class mails postage prepaiik to the Parties at the above referenced addresses;:oi their R~~resi~»tatires. nn this date. f~ ~ ~. G C+~~.. Date: August 13.200x Hooorxble Harold ICalina, Ret. Directbr August 14. 2008 rtA ~ ~ ~„ na V' l_ ~\S 4- K d'~;a C' .T V Q (~ {wv ` ~ ... ~ ~1'..~~ 1 r -„.-~4 ` ~ ~ ! v( _ , fJ ~ ern ~: :~ { CrJ ~.L7 ~ ~ =-C a ~' a F n u- ~l David D. Bueff (Prothonotary lUrkS. Sohonage, Solicitor Wrnee X Simpson Ft Deputy Prothonotary Irene E. Worrow 2"d Deputy Prothonotary Office of the 1Tyothonotary umderlandCounty, Pennsylvania ( Ja - !Z101? CIVILTERM AND NOW INTENTION ORDER OF TERMINATION OF COURT CASES IS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 9 Su* 100 0 Carlisle, P-A 17013 • (717)240-6195 • Fax (717 240-6573