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Home My WebLink About07-2915GREGG L. MORRIS, EsQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412)429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, ) INC ) Plaintiff, ) v. ) JOSEPH GEMBUSIA , ) Defendant(s). ) NO. OBI - 02 Q~ ~~ (J t (, l E2„~ COMPLAINT IN CIVIL ACTION Filed on behalf of: MIDLAND CREDIT MANAGEMENT, INC, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412)429-7675 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC, NO. Plaintiff, v. JOSEPH GEMBUSIA , Defendant. NOTICE TO DEFEND 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 ftling 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 judgment 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 HIItING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC, Plaintiff NO. O'7 - l~. t c~ ~ 1,., v. JOSEPH GEMBUSIA , Defendant COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, MIDLAND CREDIT MANAGEMENT,INC the purchaser and assignee of the obligation under suit, by and through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, MIDLAND CREDIT MANAGEMENT, INC, is a corporation, maintaining a place of business at 8875 AERO DRIVE ,SAN DIEGO, CA 92123. 2. Defendant is JOSEPH GEMBUSIA , an adult individual, believed to currently reside at 3510 RAINTREE LN , MECHANICSBURG, PA 17050. 3. Defendant owes the sum of $6,188.83 for credit extended by FLEET to Defendant at Account No. 5491000122133684 4. FLEET sent Defendant monthly billing statements setting forth the nature and amount of all charges made by Defendant, and the transactions between FLEET and Defendant give rise to an account stated, upon which Plaintiff and FLEET have relied. The Defendant made payments on the account, but has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $6,188.83, plus interest and costs. 6. Defendant is in default for failing to make payments on the aforesaid account when payments were due. 7. Plaintiff purchased and now owns the aforesaid account. A copy of a Billing Statement is attached hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference. 8. Plaintiff has demanded payment but Defendant has failed or otherwise refused to pay the aforesaid sum due. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $6,188.83, plus legal interest from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Respectfully Submitted: Felix, A.P.C. ~GREGG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 MIDLAND CREDIT MANAGEMENT, INC. San Diego, CA 92193-9019 ~RBWNHLTH ~roooo oa5o s4i~ ossz,~ JOSEPH T GEMBUSIA 3510 RAINTREE LN MECHANICSBURG, PA 17050.2259 Contact Information: Tel (800) 939-2353 Fax (800) 306-4443 Hours of Operation: MTh Gam - 7pm; Fri Gam - Spm; Sat Gam - 2:30pm PST STATEMENT MCM Account #: 8508417033 Prmczpal Bahince: $6,188.83 Original Account #: 5491000122133684 Interest ~~= 12.49% Statement Date: 06-29-2005 Due Date: NOW Accrued Interest: $995.56 Current Owner: MRC Receivables Corp. Original Creditor: FLEET New Balance: $7,184.39 Due Date Date Received Transactions Amount NOW 06-29-2005 The above referenced account was purchased by $7,184.39 MRC Receivables Corp. and is serviced by Midhmd Credit Management, Inc.("MCM"). The balance of $7,184.39 is due now. Please direct all correspondence to: Midhmd Credit Management, Inc. New Balance: $7,184.39 rlease understand this is a communication from a debt collector. This is an attempt to collect a debt Any information obtained will be used for that purpose. Please detach the payment slip below and enclose it with your $7,184.39 payment in the em~elope provided. JOSEPH T GEMBUSIA 3510 RAIlVTREE LN MECHANICSBURG, PA 170502259 mcm Midland Credit Management, Inc. Department 8870 Los Anggeles, CA 90084.8870 II~I~~II~~~II~~~I~~I~~I~~III~~~II~~~II~~~~~~III~I~~I~I~~II~~~I Payment Slip MCM Account Number: 8508417033 Current Balance: $7,184.39 Anio®t Enclosed: please indicate new mailing addreaa and phone number, if incorrect. ~ic~u h~ I~ ~ MIDLAND CREDIT MANAGEMENT, INC. ~~P.O. Box 939019 San Diego, CA 92193-9019 IIIIIIIIIIIIII IIIIIIIIIIHIIIII IIII III IIIII III ADDRESS SERVICE REQUESTED 06-29-2005 ~BWNSLTS ~YOOW 08bo 8417 OSS2jP JOSEPH T GEMBUSIA 3510 RAINTREE LN MECHANICSBURG, PA 17050-2259 Dear JOSEPH T GEMBUSIA, Contact II1fOIIIlatlon: Hours of Operation: Current Owner: Original Creditor: Tel (800)939-2353 Fax (800)306-4443 M-Th 6am - 7pm; Fri Gam - Spm; Sat Gam - 2:30pm PST MRC Receivables Corp. FLEET Account No: 5491000122133684 MCM Account No: 8508417033 Current Balance: $7,184.39 Payment Due Date: NOW Letter Code: 04248007 Midland Credit Management, Inc. bas made several attempts to contact you regarding the following account: Current Owner : MRC Receivables Corp. Original Creditor : FLEET MCM Account No: 8508417033 Current Balance: $7,184.39 This letter is to inform you that Midland Credit Management, Inc. is considering forwarding this account to an attorney with the intent to initiate legal action to satisfy the debt. Please contact our office immediately at (800) 939-2353 to make arrangements to pay this debt and prevent a~ legal action on your account. SEE REVERSE SIDE FOR 1MPORTANT INFORMATION. Sinoprely Ivfidland Credit Management, Inc. Please tear of,~`'and return lower portion with payment in envelope provided Account Summary MCM Aooount No: 8508417033 Current Balance: $7,184.39 Amount Due: $7,184.39 Make Check Payable to: Midland Credit Management, Inc. Payment Duc Date: NOW 08 8508417033 2 0718439 072905 9 JOSEPH T GEMBUSIA 3510 RAINTREE LN MECHANICSBURG, PA 17050-2259 111C1Yi Midland Credit Management, Inc. Department 8870 Los Angeles, CA 90084.8870 II~I~~II~~~II~~~I~~I~~I~~II~~I~I~~I~I~~~III~~~~II~~I 1311 3A88 VERIFICATION AND NOW, GREGG L. MORRIS, verifies the statements made in this Complaint that are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided to him by the Plaintiff. The verification of the party will be provided if requested. Date: May 10, 2007 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 r w ~~ ca 0 `~ _ ~. r ; ~ "-I ry :e x, _ ~~ i'll _~ - - y '', t- ~' ~`~ iii{ ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-02915 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDLAND CREDIT MANAGEMENT INC VS GEMBUSIA JOSEPH MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon r_"RMRTTCTZI ,T(IfiFP~T the DEFENDANT at 1450:00 HOURS, on the 18th day of May 2007 at 3510 RAINTREE LANE __ MECHANICSBURG, PA 17050 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge S/31ID~ ~ / Sworn and Subscibed to before me this of So Answers: 18.4 4 ~ t' .--' ~,, ~~~ ~;,~.-~, .00 ~ 10.00 R. Thomas Kline .00 41.44 05/21/2007 PATENAUDE & FELIX By: day Deputy S iff A.D. .r GREGG L. MORRIS, EsQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412)429-7675 FACSIMILE (412} 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC NO. 07-2915 CIVIL TERM Plaintiff, v. JOSEPH GEMBUSIA Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of: MIDLAND CREDIT MANAGEMENT, INC, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 1 S 106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC, NO.07-2915 CIVIL TERM Plaintiff v. JOSEPH GEMBUSIA Defendant(s) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the Defendant(s), above named, for failure to file an Answer to Plaintiff s complaint. Amount claimed in Complaint Interest from August 08, 2005 Attorney's fees TOTAL $6,188.83 $1,075.31 $0.00 $7,264.14 With continuing interest on the principal amount of $7,264.14, with interest at the legal rate, plus costs of suit. I hereby certify that a written notice of intention to file this praecipe was mailed to the Defendant(s) and Defendant(s) counsel (if known), after the default had occured and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the Notice is attached. Patena~i~ & Felix, A.P.C. By: Patl;naude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, ) INC, } Plaintiff } v. ) JOSEPH GEMBUSIA ) Defendant(s) ) NO.07-2915 CIVIL TERM PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P.1037(b) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and State, Personally appeared Gregg L. Morris, Attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the Defendant(s), JOSEPH GEMBUSIA AND NANCY GEMBUSIA , is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. P Sworn to and subscribed before me this j~day of ~~1~. 20 0~ , ~~ Notary Public Felix, A.P.C. G .MORRIS, ESQUIRE Pa nau e & Felix, A.P.C. 2 3 ain Street arnegie, PA 15106 X412) 429-7675 By: NOTARIAL SERI. ~ ERIN N Bp,LTZELI Notary Public ALLEGHENY COUNN CAftNEG1E BOROUGH, Ues ~uI 21 2010 My Commission Exp GREGG L. MORRIS, EsQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412}429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC Plaintiff, NO. 47-2915 CIVIL TERM v. JOSEPH GEMBUSIA Defendant(s). IMPORTANT NOTICE Filed on behalf of: MIDLAND CREDIT MANAGEMENT, INC Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, TNC, NO. 07-2915 CIVIL TERM Plaintiff v. JOSEPH GEMBUSIA Defendant(s) To: JOSEPH GEMBUSIA 3510 RAINTREE LN MECHANICSBURG, PA 17050 Date of Notice: June 08, 2047 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PEROSONALLY OR BY 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 NOTICE TO A 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 , A.P.C. ate ~ Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 ~~ I, GREGG L. MORRIS, attorney for Plaintiff, MIDLAND CREDIT MANAGEMENT, INC, hereby certify that a true and correct copy of the foregoing document was served this day by US First Class Mail, postage prepaid upon the following: JOSEPH GEMBUSIA 3510 RAINTREE LN MECHANICSBURG, PA 17050 Date: June 08, 2007 Attorneys for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 ~` 7C) ?~ ~ V ~„ b. '~ ~•., "",. .~ ~ 1 jJ "{.J (/'2 ,6"' (M.'. s 4`T'~ ~ rr ~.~~F~. tj ~; f~ ~ U ~ -n ~~~ t.? 'j ~ ~~r, ~ ~~ ~ ~'_ r„ c..~ :~a ,` GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC NO. 07-2915 CNIL TERM Plaintiff, v. JOSEPH GEMBUSIA Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: MIDLAND CREDIT MANAGEMENT, INC, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND CREDIT MANAGEMENT, INC, NO.07-2915 CNIL TERM Plaintiff v. JOSEPH GEMBUSIA Defendant(s) NOTICE OF ORDER DECREE OR JUDGMENT TO: ( )Plaintiff (X) Defendant ( )Garnishee ( )Additional Defendant You are he~jeby notified that the following Order, Decree, or Judgment has been entered against you on .J~,~,,~ £`,~,~ ,~~7 ( )Decree Nisi in Equity ( )Final Decree in Equity (X) Judgment of ( )Confession ( )Verdict ( )Court Order ( X) Default ( )Non-suit ( )Non-Pros ( )Arbitration Award (X) Judgment in the amount of $7,264.14, plus cost. ( )District Justice Transcript of Judgment in the amount of $ , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license wil be suspended by the Department of Transportation. Prothonotary By _---_ If you have questions concerning the above, please contact: Name of Attorney: GREGG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675