HomeMy WebLinkAbout06-5809
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GREGG L. MORRIs, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s).
)
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)
)
)
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MIDLAND CREDIT MANAGEMENT,
INC
Plaintiff,
v.
MARC DAVENPORT,
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, P A 15106
(412) 429-7675
AI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
MIDLAND CREDIT MANAGEMENT,
INC,
Plaintiff,
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)
) NO.
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v.
MARC DAVENPORT,
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 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRING A LAWYER.
IF YOU CANNOT AFFORD TO illRE A LAWYER, TillS 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, P A 17013
717-249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
MIDLAND CREDIT MANAGEMENT, INC,
Plaintiff
)
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)
)
v.
MARC DAVENPORT,
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 MARC DAVENPORT, an adult individual, believed to currently
reside at 65 CHERRY LANE, CARLISLE, P A 17013.
3. Defendant owes the sum of $4,609.96 for credit extended by EMERGE
MASTERCARD to Defendant at Account No. 5181890001185481
4. EMERGE MASTERCARD sent Defendant monthly billing statements setting
forth the nature and amount of all charges made by Defendant, and the transactions between
EMERGE MASTERCARD and Defendant give rise to an account stated, upon which
Plaintiff and EMERGE MASTERCARD 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 $4,609.96,
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 $4,609.96, 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:
GL.M
13 E. Main Street
Carnegie, P A 15106
(412) 429-7675
hi P.o. Box 939019
me San Diego, CA 92193-9019
1111111111I 1111I 1111" 111111111111111111111
ADDRESS SERVICE REQUESTED
10~1-2005
Contact lIIformation: Tel (800) 939-2353
Fax (800) 306-4443
Hours of Operation: M- Th 6am - 7pm;
Fri 6am - 5pm;
Sat 6am - 2:30pm PST
Current 0wIler: Midland. Funding LLC
Original Creditor: EMERGE MAS'IERCARD
Original Account No: 5181890001185481
MCM Account No: 8511311659
Current Balance: $6,191.83
Payment Due Date: NOW
Letter Code: 04474007
#BWNHLTH
1000O 085118116590#
MARC A DAVENPORT
65 CHERRY LN
CARLISLE, PA 17013.7805
Dear MARC A DAVENPORT,
Midland Credit Management. Inc. has made several attempts to contact you regarding the following account:
Current Owner: MidIand Fundin.e; UC
O...m.~a1 Creditor: EMERGE MASTERCARD
MCM Account No: 8511311659
Current Balance: $6,191.83
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 any legal
action on your account
SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
~Credit Management. Inc.
Please tear off and return lower portion with payment in envelope provided
Account Summary
MARC A DAVENPORT
65 CHERRY LN
CARLISLE, P A 17013-7805
MCM Account No:
Current Balance:
Amount Due:
8511311659
$6,191.83
$6,191.83
Make Check Payable to: Midland Credit
M~n~ent. Inc.
Payment Due Date: NOW
ffiCffi
Midiand Credit Management, Inc.
Department 8870
Los Angeles, CA 90084.8870
11.1111111I1111I1111..11111.11.1..1.111I11I111111111
11-8-8
12 8511311659 5 0619183 103105 5 [),;nibil "Ill<
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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 25, 2006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
Defendant( s)
)
)
) NO. 2006-05809
)
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)
)
)
)
)
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MIDLAND CREDIT MANAGEMENT,
INe.,
Plaintiff
v.
MARC DAVENPORT,
PLAINTIFF'S PRAECIPE
FOR CONSENT TO
ENTRY OF 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, P A 15106
(412) 429-7675
..
....
...
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
,
Defendant( s)
)
)
) NO. 2006-05809
)
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)
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)
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MIDLAND CREDIT MANAGEMENT,
INC.,
Plaintiff
v.
MARC DAVENPORT,
CONSENT TO ENTRY OF JUDGMENT
The undersigned Defendant, having been served with a Complaint in Civil Action in the
matter captioned above, hereby admits the averments contained in said Complaint, waives any defect
of service, waives any applicable time period for the filing of a responsive pleading, waives service
of a Ten Day Notice or Notice of Default, and hereby consents to the entry of judgment against him
in the amount of $4,609.96 plus interest at the legal rate per annum, and the costs of suit. The
parties agree that execution will be stayed, and the judgment will be satisfied provided Defendant
pays $4,609.96 at the rate of$175 .00 due on or before November 27, 2006 and subsequent payments
of$175.00 due every thirty (30) days thereafter. Time is of the essence. Defendant hereby waives
Notice of Entry of Judgment.
Date: / / jq /lJ b
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Marc
PRAECIPE TO ENTER JUDGMENT
To the Prothonotary:
Please enter judgment against the Defendant in the amount of $4,609.96, plus interest and
costs of suit.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT,
INC.,
)
)
) NO. 2006-05809
)
)
)
)
)
)
)
)
Plaintiff
v.
MARC DAVENPORT,
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 J.D. #69006
Patenaude & Felix, A.P.c.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
~ -' 1-
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~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
)
)
) NO. 2006-05809
)
)
)
)
)
)
)
)
MIDLAND CREDIT MANAGEMENT,
INC.,
Plaintiff
v.
MARC DAVENPORT,
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( )Plaintiff ( x )Defendant ( ) Garnishee ( ) Additional Defendant
(X) Judgment in the amount of$4.609.96 , plus costs.
( ) District Justice Transcript of Judgment in the amount of $
plus costs.
( ) Ifnot satisfied within sixty (60) days, your motor vehicle operator's license will be
suspended by the Department of Transportation.
You are hereby notified that the following Order, Decree, or Judgment has been entered
against you on -D~c ~ :/.Dub .
I
( ) Decree Nisi in Equity
( ) Final Decree in Equity
(X ) Judgment of ( X ) Consent
( ) Default
( ) Non-Pros
( ) Verdict ( ) Court Order
( ) Non-suit
( ) Arbitration Award
Prothonotary
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: 2006-05809 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDLAND CREDIT MANAGEMENT
VS
DAVENPORT MARC
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
DAVENPORT MARC
the
DEFENDANT
, at 2042:00 HOURS, on the 18th day of October
2006
at 65 CHERRY LANE
CARLISLE, PA 17013
by handing to
MARC DAVENPORT
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
So Answers:
18.00
6.16
.00
10.00
.00
34.16:/ 10/19/2006
/1/ ~S/(; (, PATENAUDE &
r~~
R. Thomas Kline .
~
~
Sworn and Subscibed to By:
before me this day
of A.D.
~.
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~?~' 'TI-f~ 1'~~?''r~~lk:iiARY
2010 i'r~Y 13 Fri 2~ 5th
CUM,.;,=r~ ~x~~•~~ .~:;~tdTY
tic Nl~y S'tL.~'~~~.4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EMERGE MASTERCARD
Plaintiff
NO. 06-5809
v.
MARC DAVENPORT
Defendant(s)
PRAECIPE FOR
SATISFACTION OF
JUDGMENT
Filed on behalf of:
EMERGE MASTERCARD
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa LD. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA ].5106
(412) 429-7675
~8.0o PA A7t"(
12~'a~aa~o
PA_147 Prcp Sat Jg
P&F File No. 3600.8032
IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY,
PENNSYLVANIA
EMERGE MASTERCARD
Plaintiff
NO. 06-5809
v.
MARL DAVENPORT
Defendant(s)
PRAECIPE TO SATISFY JUDGMENT
TO: PROTHONOTARY
Please satisfy the Judgment at the above captioned action of record upon payment of your
costs, only. Thank you.
Patenaude,~i Felix, A.P.C.
Date: Apri128, 2010
PA_147 Prcp Sat Jg
°cJregg . Mo s, Esquire
213 .Main treet:
Ca egie, P 15106
(4 ) 4 -7675
P&F File No. 3600.8032
~-
I, GREGG MORRIS, attorney for Plaintiff, EMERGE MASTERCARD ,hereby certify
that a true and correct copy of foregoing document was served this date by ordinary mail upon
the following:
Marc Davenport
65 Cherry Lane
Carlisle PA 17013
Date: Apri128, 2010
Gregg L.
213 E.
& Feli~c, A.P.C.
Carne e, PA 1 106
(412) 4 9-767
PA_147 Prcp Sat Jg P&F File No. 3600.8032