1. Written Response from Daniel M Rosenblum,  receiving mails at PO Box 3377 NY NY 10163, regarding US Dept of Education Account Number 1021981006 letter dated April 16 2015, alleging  default by DMR on total balances of  $131 ,083.05 (Principal Balance   $120,287.28  Interest   $10,795.77) plus  $49,460.41 (Principal balance $45,733.88 Interest $3,726.53). The DOE 4/16/2015 letter(s) signed by Dwight Vigna of US DOE states DMR should make checks payable to: U.S. DEPARTMENT OF EDUCATION and SEND PAYMENT TO: US DEPARTMENT OF EDUCATION NATIONAL PAYMENT CENTER PO BOX 105028 ATLANTA GA 30348-5028 for USDOE debts 24295148, 24295156, 24295153, 24295157, 24295151, 24302224, 24302229, 24295159, 24295164, 24302228, 24304133, 24304137. Here are copies of the letter(s):

  2. This letter also responds to alleged debt by DMR for any other debt listed in the name of DMR listed on NSLDS, DOE, NYHESC presently, which can be viewed in a rendition of accounts filed at NY State Supreme on ____ and available on webpage _____

  3. NYHESC should cease and desist from Wage Garnishment mechanism in full portfolio of accounts immediately.

  4. NYHESC should cease and desist from Wage Garnishment mechanism as it pertains to the person of Daniel M Rosenblum immediately.

  5. NYHESC should cease and desist from Wage Garnishment mechanism as it pertains to the person of Daniel M Rosenblum immediately, and, immediately refund to DMR monies garnished to date, plus interest.

  6. DMR alleges scienter can be deemed to exist on the part of DOE in possession of funds possessed by virtue of misappropriation from custodian of such funds, and, owner of such funds, when DOE or NYHESC has appropriated such funds through garnish of wages with Due Process commensurate to such appropriation of funds throughh custodian.

  7. - once knowledge of manipulative flaw is established if the parties do not quit such action of larceny by fraud built into the system which purports to qualify as just adjudication through due process. The party here has represented to Congress that it has developed an administrative system which is adequate as substitute for a Court of General Jurisdiction, and, the party here performs all contracts to be so adjudicated . Here, payments made to call centers presently where such call centers do not affirm per individual with indubitable certainty that during a several year period of servicing loan, servicer has not been party to any uteerance from the adverse party which utterance should be deemed a defense in contract but thereafter DOE or NYHESC garnished wages upon belief that adverse party had failed to put forth defense therefore conducted no on the record administrative evaluation bearing in mind the alleged defense, and proceeded without trial or inquiry or expectation of joinder issue.  This, with the expectation that the full portfolio of accounts could not possibly have any record whatsoever of the several year term of utterances, including such utterances at the processing of deferments and other legal mechanisms by call centers entrusted to uphold during performance all facets of contract, which, in turn, is the contract Sallie Mae Navient ACS provide to NYHESC or USDOE as proof that there has been no record of such utterance due to the manner in which DOE has structured the contract and acceptable operational policies which comport with performance of such  contractual requisites.

  8. 2015 Documents begin December 2014/AFFIDAVITOFSERVICE/AffidavitofServicePresidentsDay2015.php

  9. NYSCEF_Certificate_of_Signature_Amex_v_Rosenblum_Suffolk_NY_12032014_Affidavit.pdf

  10. NYSupreme_Manhattan_PaperFiling_Amex_v_Rosenblum_04152015_for_12032015Affidavit.pdf

  11. NYSCEF_Certificate_of_Signature_Amex_v_Rosenblum_Suffolk_NY_12032014_Affidavitxxxxxx

  12. Public Notice Published President's Day Monday February 16 2015

  13. C:\Users\Dan Rosenblum\Documents\2015 Documents begin December 2014\2015NYSCEFfilingbeginMarch232015\April15201560CentreFiling

  14. C:\Users\Dan Rosenblum\Pictures\april 15 2015 60 centre street

  15. Privacy Impact Assessment For Debt Management and Collection System (DMCS) Date: June 30, 2014

  16. Point of Contact: Consuelo Johnson Consuelo.Johnson@ed.gov System Owner: Keith Wilson Keith.Wilson@ed.gov

  17. http://ifap.ed.gov/presentations/attachments/04EACSession09.pdf

  18. http://www2.ed.gov/notices/pia/pia-nco-031909.pdf
  19. Dwight.vigna@ed.gov Cynthia.battle@ed.gov and Gary.hopkins@ed.gov
  20. \Privacy Impact Assessment for the NCO Financial Systems (NCO) Date: 03/19/2009 Contact Point System Owner: Rich Amos Author: Paul Lagacey Information Owner: Dwight Vigna, U.S. Department of Education, Federal Student Aid System Security Officer: Greg Plenty, U.S. Department of Education, Federal Student Aid

2009

2. Why is this information being collected? All information received from the Department is used for the sole purpose of contacting the consumer and collecting owed funds on behalf of the Department of Education. NCO Financial Systems will utilize the information to (1) Facilitate the repayment of the loan, and (2) Identify the current status of the borrower.

 

4. Will this information be shared with any other agency or entity? If so, with which agency or agencies/entities? Relevant information will be shared with NCO’s dedicated software providers, credit history providers, letter printing providers and data scrubbing providers: - Ontario Systems LLC: Muncie, Indiana 3rd Party software supplier of Collections Systems Software (FACS), Supplies core application code and enhancements - First Data Resources: Denver, Colorado, 3rd Party "data scrubbing" - TransUnion: Chicago, IL., 3rd party Credit Reporting - PSC Info Group: Oaks, PA., 3rd party print and mail solutions - Lexus Nexus: Miamisburg, Ohio, 3rd Party "data scrubbing" Privacy Impact Assessment FEDERAL STUDENT AID (FSA) PRIVATE COLLECTION AGENCY NCO Financial Systems 20 March 2009 page 3 US Department of Education - Corporation: St. Louis, Missouri, verify employment - Central Research: Lowell, AR, gather/verify incarceration information.

http://www2.ed.gov/notices/pia/pia-nco-031909.pdf

  • 27 See also:
  • Publication Date: May 31, 2012
  • Posted Date: May 31, 2012

    Subject: Privacy Act of 1974, as Amended; Renewal of Computer Matching Program Between the U.S. Department of Education and the Internal Revenue Service.FR Type: Notice[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)] [Notices][Pages 32085-32086] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-13105] <http://ifap.ed.gov/fregisters/FR053112ComputerMatchIRSED.html>

    27

    1. 27
    2. And http://www.ifap.ed.gov/dlbulletins/attachments/DLB0502.pdf

    And http://www2.ed.gov/about/offices/list/ogc/ogcethics.html

     

    UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF INSPECTOR GENERAL AUDIT SERVICES May 8, 2013 FINAL ALERT MEMORANDUM To: James W. Runcie Chief Operating Officer Federal Student Aid From: Patrick J. Howard /s/ Assistant Inspector General for Audit Subject: Verbal Complaints Against Private Collection Agencies Control Number ED-OIG/L06M0012

    http://www2.ed.gov/about/offices/list/oig/auditreports/fy2013/l06m0012.pdf

     

     

    Handling of Borrower Complaints Against Private Collection Agencies FINAL AUDIT REPORT ED-OIG/A06M0012 July 2014

    http://www2.ed.gov/about/offices/list/oig/auditreports/fy2014/a06m0012.pdf

     

     

     

     

     

     

    Paragraph:

     

    ¶ system built by contract; requisites and performance of contract relied upon in several ways by agency,  and/or BHC , and, in dispute, by courts. Cite part in Amex v Dan

     

    ¶accountability in person with official responibilities of office associated with such commercial activity, for example, Dwight Vigna. The deliberate operational decisions are made following extensive career  {insert recommendation/experience from LinkedIn.} Anyone in such office is purportedly in the Office with knowledge of responsibility in commerce to facilitate "just results" in Operational Policy as a whole. There are rewards associated with having risen to the experience to handle such office- the appointment o the position or the rise to such office does not reward such individual given the manner by which the position can be manipulated; the appropriate rewards and honors associated with such elevated corporate or public office come at a price- and the full benefit is due only if the entity  functions appropriately in the market, including at the nexus to the public, and the justice system.

     

     

    For example, in DOE department ENB:

     

    ENB    Business Operations

     

    ENB

    Chief Business Operations Officer, William Leith

     

    111I1

    UCP

    5138

    377-3676

    ENB

    Chief of Staff, Tim Branner

     

    111G5

    UCP

    5138

    377-4012

    ENBG

    Program Management Services Group, Sue O’Flaherty

     

    64E1

    UCP

    5453

    377-3393

    ENBG2

    Default Division, Dwight Vigna

     

    41F2

    UCP

    5320

    377-3436

     

    Pasted from <file:///C:\Users\Dan%20Rosenblum\Documents\2015%20Documents%20begin%20December%202014\2015NYHESC\USDepartmentofEducationorg_directory.doc>

     

    ¶ the

     

     

     

     

     

    Mr. Vigna as   ENBG2 has signed the HE2142-BV (07/2-014) for a variety of reasons, states here June 15 2015.

     

    ¶   In one very strong regard, Mr. Vigna signs the  HE2142-BV (07/2-014)  so that DOE can affirm to IRS and DOJ that Notice has been given. Thereafter, if DOE does not receive an item of record from contractee within 60 days, DOE will assert "right" of wage garnish or IRS offset etc, plus, will make adverse reports to CRA. However, Mr. Vigna's signature, in the ENGBG2 Office at the US Department of Education must also assert positive knowledge that in fact DOE is indubitably knowledgea ble that contractee has not put forth defenses to allegation of breach of contract in a Court of General Jurisdiction, be it State or Federal, subject to Rules of Evidence, Discovery, Issues of Joinder, Statutes of Limitations, Rules of Civil Procedure

     

    ¶ The contracts listed below should in fact allocate funds to a system of public case adjudications on defaults in the Educational Loan Market, and or any related subject matter, at a click of a button, as if any member of the public had walked into the appropriate court of general jurisdiction's library.

     

     

     

     

     

    {see also Vigna Las Vegas presentation}

     

     

     

     

     

     

     

    ¶Current Wages of Daniel M Rosenblum, include all expenses, include accounting of effect on garnishment at current wages, and, of additional from DOE. Statement that but for instant DMR inquiry, none of data put on record by DMR during 60 day period following Dwight Virgil

     

     

     

     

     

     

    Search Private Collection Agency Contracts:

     

     

    Search Private Collection Agency Contracts:

     

     

    Windham Professionals, Inc.

    ED-FSA-09-0-0021

    Base Contract

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/WindhamBaseContract.pdf

     

    President and CEO Erin WS Zaldastani  2009 $ 1 .00 contract

     

     

     

     

     

     

     

     

     

    Search Private Collection Agency Contracts:

     

     

     

     

    West Asset Management, Inc.

    ED-FSA-09-0-0019

    Base Contract

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/WestAssetBaseContract.pdf

     

    See Wage Determination

    Attachment B

     

     

     

     

    The CBE Group, Inc.

    ED-FSA-09-0-0018

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/TheCBEGroupBaseContract.pdf

    President CEO Thomas Penaluna 4/7/2009

     

     

     

    Progressive

    ED-FSA-09-0-0017

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/ProgressiveFinancialServicesBaseContract.pdf

    Robert J. Pres CEO  4/7/2009

     

    Premiere Credit of North America, LLC

    ED-FSA-09-0-0016

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/PremiereBaseContract.pdf

     

    Pioneer Credit Recovery, Inc.

    ED-FSA-09-0-0015

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/PioneerBaseContract.pdf

     

     

     

    Van Ru Credit Corporation

    ED-FSA-09-0-0007

    Base Contract

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/VanRuCreditBaseContract.pdf

     

     

     

     

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/NationalRecoveriesBaseContract.pdf

    National Recovery Contract Page 41:

    "Prepare Eligible Cases for administrative  resolution"

     

    Private Collection Agency Task Order No. ED-FSA-09-0-0025

     

    Task Order No. ED-FSA-09-0-o025

     

     

    1.1 INTRODUCTION

     

     

    Attachment A - Statement Qj Work Private Sector Collection Activity For Student Related Debts

     

    The U.S. Department of Education (ED), Federal Student Aid, performs collection and administrative

    resolution activities on debts resulting from non-payment of student loans made under the Federal Family Education Loan (FFEL) Program: Stafford Loans (formerly the Guaranteed Student Loan Program and including Federally Insured Student Loans), Supplemental Loans for Students, PLUS Loans (formerly

    Parental Loans for Undergraduate Students), and Consolidation Loans; the William D. Ford Federal Direct Student Loan (Direct Loan) Program (formerly known as the Federal Direct Student Loan Program): Federal Direct StaffordIFord Loan Program, Federal Direct Unsubsidized StaffordIFord Loan Program, Federal Direct Consolidation Loan, and Federal Direct Plus Loans; and Federal Perkins Loans (formerly National Direct/Defense Student Loans). ED conducts similar collection and administrative resolution activities on debts resulting from a student's failure to fulfill grant requirements under the Pell Grant Program, the Supplemental Educational Opportunity Grant Program, the Academic Competitiveness Grant (ACG) and the National Science and Mathematics Access to Retain Talent (National SMART) grant. [Background information on each of these programs may be found in the website library http://fsacollections; or at http://ifap.ed.gov.]

     

    Document begins with Section B...

    {{

    SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

    B.l GENERAL

    This Task Order is issued in accordance with the General Services Administration's (GSA)

    Financial and Business Solutions (F ABS) Schedule under Special Item Number (SIN) 520-4 for

    private collection services.

    B.2 TYPE OF CONTRACT

    This is a Performance-Based, Firm Fixed Price Task Order award, with provisions for pricing

    arrangements.

    B.3 ORDERING PERIODS

    The first Ordering Period for the Task Orders will be from July 1,2009 (the effective date)

    through twenty-four (24) months, with multiple, optional ordering periods. The total Ordering

    Period, excluding any award term(s) earned, will not exceed 60 months from the date of initial

    data transfer, or October 22,2009. This is not a multiyear contract as defmed in FAR 17.1 .

    I) In addition, each contractor shall continue to work on accounts it retains during the InRepayment

    Retention Period. Upon expiration of the Ordering Period(s) of this Task

    Order, the in-repayment retention period will begin. If the Government exercises one or more

    Optional Ordering Periods, the In-Repayment Retention Period shall begin subsequent to the

    last Optional Ordering Period exercised. The in-repayment retention period will run for

    twenty-four (24) months, except that upon return, recall or transfer of all accounts from this

    Task Order, the in-repayment retention period will end. During the in-repayment retention

    period, the Contractor may retain, except as provided in paragraph (3) below, accounts that

    remain in repayment in accordance with the SOW. No transfer of accounts to the Contractor

    will occur during the in-repayment retention period.

    2) Prior Private Collection Agency (PCA) Task Orders-

     

    }}

     

    {{

    National Recovery Contract Page 41:

    "Prepare Eligible Cases for administrative  resolution"

    Private Collection Agency Task Order No. ED-FSA-09-0-0025

     

    "

    • Prepare eligible cases for administrative resolution, Administrative Wage Garnishment (AWG) and

    litigation, based on the criteria in the Task Order, and meet established goals set by ED. The

    Contractor shall be responsible for obtaining documentation in accordance with administrative

    resolution procedures [as outlined in the Procedures Manual], or as requested by ED, and the

    forwarding of all such materials upon request."

     

    }}

     

    Here, importantly, relying on the operator in the Philipines whose auto dialer happened to call the party to a contract during the time period that the issue at bar is not "stale" - here, utilizing the word 'stale' in the legal context used by DOE when seeking to justify why it is that the 60 day period following the Notice from DOE time bars litigation on the Garnishment effectuated following such 60 day period which follows, allegedly by DMR, 100 such 60 day periods wherein Notice by party to contract DMR has been given to DOE regarding fact of non-payment and related issues such as non-enforceablility of contract.

     

    DMR states that DOE has demonstrated inability to build system which upholds rights of parties to contract, should cease and desist from avoidance of Courts of General Jurisdiction for dispute of contract, including allegations of non-payment and/or default. Note in addition that the Notice of Default states feasible increase of 25% of principal in collection costs. Such revenues should be, where meritorious, revenues associated with the State and Federal Judicial systems if indeed the task at hand in to actually adjudicate non performance on contract in the US Economy. The DOE should cease and desist in payments on contract resulting in illegality immediately. The call centers utilized by the Processors in the Student Loan market deserve no revenues from Student Loan Market and DOE should cease and desist from provision of revenues from adjudications and garnishments to such Call Centers which cannot make the affirmation that systems are designed to make of record information received by such processor verbally and digitally which information responds to Paragraph ____ of National Recoveries Contract during the time period that National Recoveries is purportedly fulfilling the performance requirements of the Omnibus Contract here cited. In the Case of DMR, it appears that presently DOE would assume DMR had not previously presented defenses on contract et al if DMR were not to respond to the Dwight Virgil  April 16 2015 materials sent with signature to PO Box 3377 NY NY 10163.

     

     

     

     

     

    NCO

    ED-FSA-09-0-0014

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/NCOFinancialBaseContract.pdf

    SVP Michael Noah

     

     

     

    National Recoveries

    ED-FSA-09-0-0025

    Base Contract

     

     

    https://studentaid.ed.gov/sa/about/data-center/business-info/contracts/collection-agency#national>

     

    Steven Cundiff CEO  4-07-2009

     

     

    Immediate Credit Recovery Inc.

    ED-FSA-09-0-0024

    Base Contract

    Felipe Yanes CEO March 26 2009, april 7 2009 Mike Wisher Contracting Officer

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/ImmediateRecoveryBaseContract.pdf

     

     

    GC Services

    ED-FSA-09-0-0012

    Base Contract

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/GCServicesBaseContract.pdf

    Linda Spellicy, Mike Wisher

     

     

    FMS Investment Corp

    ED-FSA-09-0-0011

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/FMSBaseContract.pdf

    Balaji Rajan Mike Wisher

     

    Financial Asset Management Systems, Inc. (FAMS)

    ED-FSA-09-0-0010

    Base Contract

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/FinancialAssetManagementBaseContract.pdf

    Jenny Hozar ??   MW ?

     

    Enterprise Recovery Systems, Inc.

    ED-FSA-09-0-0020

    Base Contract

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/EnterpriseRecoverySystems.pdf

     

     

    Performant

    formerly known as Diversified

    ED-FSA-09-0-0009

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/Performant_FKADiversifiedCollection_BaseContract.pdf

    Lisa Im CEO

     

    Delta Management Associates, Inc.

    ED-FSA-09-0-0023

     

    Base Contract

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/DeltaBaseContract.pdf

     

    Christopher Riordan CEO April 2009

     

    Con Serve

    ED-FSA-09-0-0004

    Base Contract

     

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/ConServeBaseContract.pdf

    Mark Davitt CEO

     

     

    Collecto, Inc. dba Collection Company of America (EOS)

    ED-FSA-09-0-0007

    Base Contract

    https://studentaid.ed.gov/sa/about/data-center/business-info/contracts/collection-agency#collecto

     

    Collection Technology, Inc.

    ED-FSA-09-0-0008

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/CollectTechnologiesBaseContract.pdf

     

    Coast Professional, Inc.

    ED-FSA-09-0-0022

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/CoastalBaseContract.pdf

     

    Iqor

     

    Formerly known as Allied

    ED-FSA-09-0-0013

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/Iqor_FKAAlliedInterstate_BaseContract.pdf

     

    Account Control Technology, Inc.

    ED-FSA-09-0-0005

    Base Contract

    https://studentaid.ed.gov/sa/sites/default/files/fsawg/datacenter/library/contracts/AccountControTechBaseContract.pdf

     

     

     

     

    NOTE:

    OIG re NCO and NYHESC

    http://www2.ed.gov/about/offices/list/oig/invtreports/ny082005.html

     

    UNITED STATES v. BARBARA SZCZUBLEWSKI

    Acting United States Attorney Kathleen M. Mehltretter announced that Barbara Szczublewski, 43, of Lancaster, New York, was sentenced yesterday by United States District Judge William M. Skretny to three months home detention, four years probation and ordered to make restitution in the amount of $25,394.

    Assistant U.S. Attorney Gregory L. Brown stated that on April 6, 2005, Szczublewski pled guilty to participating in a scheme that falsely consolidated $3.8 million in defaulted federal student loans and in doing so, earned bonus compensation from her employer, NCO Financial Systems, Inc, (NCO), located in Getzville, New York.

     

    Pasted from <http://www2.ed.gov/about/offices/list/oig/invtreports/ny082005.html>

     

     

     

     

    UNITED STATES v. BARBARA SZCZUBLEWSKI

    Acting United States Attorney Kathleen M. Mehltretter announced that Barbara Szczublewski, 43, of Lancaster, New York, was sentenced yesterday by United States District Judge William M. Skretny to three months home detention, four years probation and ordered to make restitution in the amount of $25,394.

    Assistant U.S. Attorney Gregory L. Brown stated that on April 6, 2005, Szczublewski pled guilty to participating in a scheme that falsely consolidated $3.8 million in defaulted federal student loans and in doing so, earned bonus compensation from her employer, NCO Financial Systems, Inc, (NCO), located in Getzville, New York.

     

    Pasted from <http://www2.ed.gov/about/offices/list/oig/invtreports/ny082005.html>

     

     

     

    Privacy Impact Assessment for the BFrame Collection System (PCA-BCS) Providing Private Collection Agency Services on behalf of the: US Department of Education Federal Student Aid

    http://www2.ed.gov/notices/pia/pia-bframe-063009.pdf