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Home My WebLink About06-4996 . , NC021506 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. DOCKET NO. : 01.. -l/Wb CIO~tr~ DEANNA L SAWYER 330 GETTYSBURG PIKE MECHANICSBURG PA 17055-5170 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 April 24, 2006, 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 $15,723.66. A copy of said arbitration award is attached hereto as Exhibit "A." 6. Plaintiff has made demand upon the defendant for payment of the award in the amount of about $15,096.21, but the defendant has failed to pay the same in full a there remains a balance of $8,304.51 plus interest. WHEREFORE, plaintiff claims of the defendant the sum of $8,304.54, together with interest, costs and attorney fees. r GORDON & BY: RIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff POlK 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. WEINBERG, ESQUIRE '- i JR., ESQUIRE EXHIBIT "A" III National Arbitration Forum.. NCO Portfolio Manag.ment, Inc. c/o NCO Financial Systems, Inc. 1804 Washington Blvd Deportm.nt 500 Baltimore, MD 21230 CLAIMANT(s), AWARD RE: NCO Portfolio Man.g....nt. Inc. v Dean.. L S.wy.r FiI. Number: F Atl508OOO54OlI64 Clalm.nt Account Number: 22-VU5099C5424180122999664 DeannaLSawyer 330 Gettysburg Pike M.chanicsburg, PA 17055 RESPONDENT(s). Th. undersigned Arbitrator in this case FINDS: 1_ That no known conflict ofint.rest exists. 2. That on or before 08/15/2005 the Parti.s entered into a valid, wrinen contract providing that this maner shall be resolv.d through binding arbitration in accordance with the Forum Cnde of Procedure. This maner is arbitrable under the terms of the parties' arbitration contract and the law. 3. That this maner involves interstat.commerci: and the Federal Arbitration Act governs this arbitration. 4. That the Claimant has filed a Claim with llie Forom: 5. That the Claim was properly se",ed on the Respondent by Claimant in accordance with Rule 6, including a Notice of Arbitration. . 6. That the matter has proceeded in accord with the applicable Forum Code of Procedure rules. A Second Notice of Arbitration was sent to tbe R.spondent by the Forum. 7. That the Parties have had the opportunity'io present all evidence and information to the Arbitrator. An arbitration hearing notice was duly delivered to the Parties as required by the Forum Rules. 8. That the Arbitrator has reviewed all evidence submitted in this case. 9. That the evidence submined supports the issuance of this A ward. 10. That applicable substantive law supports the issuance of this Award. Th.r.fore, the Arbitrator ISSUES: An Award in favor ofthe Claimant, for a total amount ofSI5,096.21. ~..# A/~ H JackM. Mardeo AlII. r ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly ente.~dand.~ Forum h.reby c.rtifi.s that a copy of this A~,ar/f~_~.!lY~ class mail postage prepaid to the Partiel,1\t th~60v~'td addresses, or their R I ". th d \ 'j4>fe v ate. ""'I \~\ ... - , ~ . ,,<~/ ,~ -4R?iIR.~<""'-' Entered and Affirmed in the State of Pennsylvania Oat.: 04/24/2006 ~ ~~~ ~Vl ~~';; ~~i a c -~ ~. ""'Cd..,' f"l'<" >--7'1 ~,\ u~\ ;~-: _...~ -;' (- ~ - ~'-~ ~\~ :pC ?: :2 ~ ~ ~ <::> ~ q, ~..,-, ~,...-::: -oh:. -.,,({ 00 ~:~r_5;\ "i'.}f:; ",:-~01 C> .--o...\, ". ~ G -0 -;$- v:> .' <.1' -- SHERIFF'S RETURN - REGULAR CASE NO: 2006-04996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NCO PORTFOLIO MANAGEMENT INC VS SAWYER DEANNA L ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon SAWYER DEANNA L the DEFENDANT , at 0019:50 HOURS, on the 14th day of September, 2006 at 330 GETTYSBURG PIKE MECHANICSBURG, PA 17055 by handing to DEANNA SAWYER a true and attested copy of NOTICE together with COMPLAINT and at the same time directing Her attention to the contents thereof. ~ 18.00 10.56 .00 10.00 R. Thomas Kline .00 38.56 -;/ 09/15/2006 q/~~JD& GORDON & WEINBERG By: ~~+~\.L-- eputy sher~/{f So Answers: ~M'~4t!e Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this day of A.D. .., 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-4996 DEANNA L SAWYER PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, DEANNA L SAWYER, and assesses the damages s per statement below. Principal Interest from 10/04/02 @27.99% Costs (Complaint & Service) $8,304.54 $7,433.80 $164.50 Total: $15,902.84 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. PAUL M. SCHO Attorney for Filed: By the Prothonotary: AND NOW, this dL --1"-- day of ~(",PJ'V\.~".12 , 2006 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $15,902.84 as per the above certificatio . ~ 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-4996 DEANNA L SAWYER CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; NCO PORTFOLIO MANAGEMENT, INC. and that the last known address of defendant, DEANNA L SAWYER, 330 GETTYSBURG PIKE, MECHANICSBURG PA 17055-5170. GORDON & WEINBERG, P.C. BY: .. 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-4996 DEANNA L SAWYER AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 330 GETTYSBURG PIKE, MECHANICSBURG PA 17055-5170; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this /S~ Day ~~ . 2006. ?-b';/ ~ {/~ Notary Public ..."" Of PENNSYLVANIA MMONWeAL.;. NOT ARIA!.. SEAL Public RISTINE M. COLON, NotarY CHCily of Phllade'~hia, Phlla. county 1OQ9 M Co .' FREDERIC I. PAUL M. SCHO Attorney for , ESQUIRE ESQUIRE . - GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: PAUL M. SCHOFIELD, JR., Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 NC021506 ESQUIRE 41360 ESQUIRE 81894 NCO PORTFOLIO MANAGEMENT, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-4996 DEANNA L SAWYER TO/PARA NOTICE OF INTENTION TO TAKE DEFAULT DEANNA L SAWYER 330 GETTYSBURG PIKE MECHANICSBURG PA 17055-5170 DATE OF NOTICE/FECHA DEL AVISO: October 11, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 GORDON & WEINBERG, P.C. BY: PI0D-2 G iCJ ~ ..&q IJ-. It:- ~ ~ ~ ~ ~ ~ ~ ~ ~ F r-'~ fJ ~ ~ k ~ 0 ,......, = 0 c (:::::') -;~~ c:r" .1 CJ ~ r'1 'JJ n rUt1 .- 1'\.) rT"'; C; 0' - ~._: -0 '" -...". ,;~:. () ~;I.... (,...) ~,) rei ::-,-J ~D N .< NC021506 f 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-4996 DEANNA L SAWYER NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $15,902.84. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. FREDERIC ERG, ESQUIRE PAUL M. S LD, JR.,ESQUIRE Attorney for Plaintiff BY: Dated: December 15, 2006