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
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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