HomeMy WebLinkAbout06-4176
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P .C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT,
INC
Plaintiff,
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C'UlLI€JL~
v.
ROY BISHOP,
Defendant(s).
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
MIDLAND CREDIT MANAGEMENT, INC,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa LD. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant.
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)
) NO.
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MIDLAND CREDIT MANAGEMENT,
INC,
Plaintiff,
v.
ROY BISHOP,
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 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 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 TffiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TffiS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ffiRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TffiS 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,
PENNSYL VANIA
MIDLAND CREDIT MANAGEMENT, INC,
Plaintiff
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~ NO. ~ -J../l"1fo
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)
)
)
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Ciex-L ~L
v.
ROY BISHOP,
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 attomey,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 ROY BISHOP, an adult individual, believed to currently reside at
93 2ND ST # 1 ,ENOLA, PA 17025.
3. Defendant owes the sum of$1,290.70 for credit extended by BANK FIRST to
Defendant at Account No. 4532173500804335 .
4. BANK FIRST sent Defendant monthly billing statements setting forth the nature
and amount of all charges made by Defendant, and the transactions between BANK FIRST
and Defendant give rise to an account stated, upon which Plaintiff and BANK FIRST have
relied.
5. 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$1,290.70,
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 $1,290.70, 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:
GG L. MORRIS, ESQUIRE
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
m em MIDLAND CREDIT MANAGEMENT, INC.
P.O. Box 939019
San Diego, CA 92193-9019
UIIWIIII IIIUIIIII 111I 111111
ADDRESS SERVICE REQUESTED
04-30-2005
Conllll:l Infonnation: Tel (800) 939-2353
Fax (800) 306-4443
Hours ofOpelatioD: M-Th 6am -7pm:
Fri 6am - 5pm;
Sat 6am - 2:30pm PST
Cummt 0wIm: MidIaDd Funding NCC-Z Corp
0rigi.Dal Creditor: BANK FIRST
0rigi.Dal kcount No: 453217350080433'
MCM Aa:ount No: 8'09977301
Cummt BaImK:e: $1,303.24
Payment Due Date: NOW
Letter Code: 04107007
tBWNBLTH
tIOOOO 0850 l1lY17 80lllf
ROY J BISHOP
93 2ND ST# 1
ENOLA, PA 17025.3202
Dear ROY 1 BISHOP,
MidIaJld Cnldit t;!""R!l""""'t. Inc. has IlI8lIe IlllYCllll attempts to contact YOIl IeglIIding the following account:
CarreDt Owner : MidIaDd FwIding NCC-Z Corp
OrildDaI CrodiCDr : BANK FIRST
HCM Aceaant No: 8'09977301
CarreDt BaIa:Dee : $I,303.Z4
This Ida is to infom1 ,.,U !bat MidIaJld Credit Mlmapmcol, Inc. is considoriDg forwanIiDg this account to an attomey
with the inmm to initiam legal actkm to mtisfy the detii:.
P1case COIItact our oftil:e nn",..!iRlely at (BOO) !l39-2353 to IIllIb llITRn8""""'ts to pay this ddll and JIl"WIIt lIDY legal. action
lIIl your lICCOWlt.
SEE REVERSE SIDE FOR lMPORTANT INFORMATION.
~Ctecu.t Mlmagmneot, Inc.
Please tear off and relll", lower portion with payment in envelope pruvided
Account Summary
ROY I BISHOP
932NDST#1
ENOLA, PA 1702'-3202
MCM Ac:co1mt No:
Cummt BaImK:e:
Amount Due:
850997730 1
$1,303.24
$1,303.24
Make Cbllck Payable to: MidIaDd Credit
t;!Rn"ll""""". Inc.
Payment D1Ie Date: NOW
ffiCiii
Midland Credit Management, Inc.
Department 8870
Los Angeles, CA 90084.8870
11.1"11",11",1,.1"1,,11,.1.1..1,1,,,111,,,.11,,1
728
10 /1509977301 3 0130324 053005 1 C.l(hth+ 'Ii"
3AIl8
. .
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 ofPa.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: July 14,2006
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GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, AP .C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT,
INC
Plaintiff,
)
)
) NO. 06-4176-CIVIL-TERM
)
)
)
)
)
)
)
v.
ROY BISHOP,
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 1.D. #69006
Patenaude & Felix, AP.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,
Plaintiff
)
)
) NO.06-4176-CIVIL-TERM
)
)
)
)
)
)
)
v.
ROY BISHOP,
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 Plaintiffs complaint.
Amount claimed in Complaint
Interest from June 06, 2005
Attorney's fees
TOTAL
$1,290.70
$0.00
$0.00
$1,290.70
With continuing interest on the principal amount of $1 ,290.70, 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 ofthe filing of this praecipe. A copy of the Notice is attached.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT,
INC,
Plaintiff
)
)
) NO.06-4176-CIVIL-TERM
)
)
)
)
)
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)
v.
ROY BISHOP,
Defendant( s)
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. l037(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), ROY BISHOP, 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 ofIntent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1,
as evidenced by the attached copy.
.0,
e & Felix, A.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
Sworn to and subscribed before me
this 2Jl day of A-~J ":,\- 200"",
~M.."\02..
Notary Public
"
NOWIW. lEAL
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IIIlllaIVNIID
~....IOfW"L'lt\...r_ ~
MvComl,' II ......~al...
GREGG L. MORRIs, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT,
INC
Plaintiff,
)
)
) NO. 06-4176-CIVIL-TERM
)
)
)
)
)
)
)
v.
ROY BISHOP,
Defendant(s).
IMPORTANT NOTICE
Filed on behalf of:
MIDLAND CREDIT MANAGEMENT, INC,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa LD. #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,
Plaintiff
)
)
) NO.06-4176-CIVIL-TERM
)
)
)
)
)
)
)
v.
ROY BISHOP,
Defendant(s)
To: ROY BISHOP
139 3RD STREET
ENOLA, PA 17025
Date of Notice: August 17,2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN
APPEARANCE PEROSONALL Y OR BY ATIORNEY 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 MAYBE 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 OFFICECAN
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 ELIGffiLE 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
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:
ROY BISHOP
139 3RD STREET
ENOLA, PA 17025
E Ulre
aude & Felix, A.P.C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Date: August 17, 2006
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A 1D#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT,
INC
Plaintiff,
)
)
) NO. 06-4176-CIVIL-TERM
)
)
)
)
)
)
)
v.
ROY BISHOP,
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 LD. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT,
INC,
Plaintiff
)
)
) NO.06-4176-CIVIL-TERM
)
)
)
)
)
)
)
v.
ROY BISHOP,
Defendant( s)
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant
You are h y no ified that the following Order, Decree, or Judgment has been entered
against you on
( ) Decree Nisi in Equity
( ) Final Decree in Equity
( X ) Judgment of ( ) Confession
( X) Default
( ) Non-Pros
( ) Verdict () Court Order
( ) Non-suit
( ) Arbitration Award
(X) Judgment in the amount of$1,290.70, 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.
p~~not
By
If you have questions concerning the above, please contact:
Name of Attorney: GREGG L. MORRIS, ESQUIRE
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-04176 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDLAND CREDIT MANAGEMENT INC
VS
BISHOP ROY
JESSICA HERMANSEN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BISHOP ROY
the
DEFENDANT
, at 1028:00 HOURS, on the 27th day of July
, 2006
at 139 3RD STREET
ENOLA, PA 17025
by handing to
ROY BISHOP
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
18.00
13.20
.00
10.00
.00
41. 20 v
't/~ 810(, ~
Sworn and Subscibed to
S~~~~
R. Thomas Kline
07/27/2006
PATENAUDE & FELIX APC
before me this
day
BY'~
De u y Sheriff
of
A.D.