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HomeMy WebLinkAbout06-3052c NCO17119 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 NCO PORTFOLIO MANAGEMENT, INC 1804 Washington Blvd. Baltimore, MD 21230 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DIANE HUEY 1106 LAUREL AVE CAMP HILL PA 17011 DOCKET NO. : Q `- 36 S2 C" T? 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 was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 2. Defendant 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 defaulted on payments due. The claim was properly served upon the defendant. 5. On about September 13, 2005 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 $8,952.57. 6. Plaintiff has made demand upon the defendant for payment of the award in the amount of about $8,952.57 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant is liable to plaintiff in the amount of $8,952.57 pursuant to the private Arbitration Award, a copy of which is attached hereto as Exhibit "A" WHEREFORE, plaintiff claims of the defendant the sum of $8,952.57. GORDON & WEINBERG, P.C. BY: FREDERIC I. FPlal G, ESQUIRE PAUL M. SCHOLD, JR., ESQUIRE Attorney for tiff PO1K VERIFICATION Frederic I. Weinberg, Esquire and Paul M. Schofield, Jr., Esquire, hereby state that they are attorneys for the Plaintiff 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. INB G, ESQUIRE PAUL M. SCH FI , JR., ESQUIRE rw NATIONAL ARBITRATION FORUM e NCO Portfolio Management, Inc. c/o NCO Financial Systems, Inc. 1804 Washington Blvd. Department 500 Baltimore, MD 21230 CLAIMANT(S), AWARD RE: NCO Portfolio Management, Inc. v Diane Huey File Number: FA0412000378247 Claimant File Number: UM1259C4264297841141067 Diane Huey 1106 Laurel Ave Camp Hill, PA 17011 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 12/08/2004 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 $8,952.57. Entered and Affirmed in the State of Pennsylvania E. raid Donnelly, Esq. Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered ._and the Forum hereby certifies that a co?was sent by fast class mail post a p? d to he P ies at the above referenced addr Date: 09/13/2005 r on Honorable Harold Kalina, Ret. Director C7 c?_-a--. O 1 Cy_ m 'f 1 Tf 1?: N nL ,p r F -{t?a -A -TI b `c C3 a SHERIFF'S RETURN - REGULAR CASE NO: 2006-03052 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NCO PORTFOLIO MANAGEMENT INC VS HUEY DIANE STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUEY DIANE the DEFENDANT at 1415:00 HOURS, on the 16th day of June 2006 at 1106 LAUREL AVENUE CAMP HILL, PA 17011 by handing to DIANE HUEY a true and attested copy of COMPLAINT & NOTICE - together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18.00 Service 12.32 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.32 ? 06/19/2006 GORDON & WEINBERG Sworn and Subscibed to / By: before me this day De uty Sheriff of A. D. Curtis R. Long Prothonotary (Office of the Protbonotarp Curnberlanb UCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor `JL -,3(05' Pk- , CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573