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Home My WebLink About04-0853PAULA MUMBAUER, :IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, :PENNSYLVANIA V. :NO.: D`1- 3-5.3 Ts.- CREDIT PROTECTION ASSOCIATION, LLP., Defendant. NOTICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: 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 is 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A_veuue 3 Z S N"` f°"` Carlisle, PA 717-249-3166, 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de is fecha de la excrita o en persona o por abogado y archivar en la corte en forma excrita sus defensas o sus objectiones a las demande, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAD00 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. PAULA MUMBAUER, Plaintiff, V. CREDIT PROTECTION ASSOCIATION, LLP., Defendant. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA :NO.: OY - IS 3 04,x) lw COMPLAINT COUNTI Jurisdiction for this Action is asserted under the the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-3.1, particularly, the Debt Collection Practices Regulations issued under 37 Pa.Code §303.1 et seq. 2. Plaintiff is a debtor as defined by 37 Pa.Code §303.2. 3. Defendant is a debt collectors as defined by 37 Pa.Code §303.2. 4. That provisions of the Pennsylvania Debt Collection Practices Regulations are virtually identical with the FDCPA and the conduct of defendant violated plaintiff s rights under Pennsylvania law. 5. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL, including but not limited to, violations of 37 Pa.Code §§303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. §201-2(4). 6. Defendant's acts as described herein were done with malicious, intentional, willful, reckless, negligent and wanton disregard for Plaintiffs rights with the purpose of coercing Plaintiff to pay the alleged debt. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on his behalf and against defendants for a statutory penalty pursuant to 73 P.S. §201-9.2(a), treble damages pursuant to 73 P. S. §202-9.2(a), punitive damages, costs and attorney's fees pursuant to 73 P.S. §201-9.2(a). COUNT II 8. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692, et seq. ("FDCPA"), particularly 15 U.S.C. §1692k(d) and 28 U.S.C. §1337. 9. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 10. Plaintiff is an individual and consumer pursuant to 15 U.S.C. §1692a(6). 11. Defendant is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 13355 Noel Road, Dallas, Texas, 75240. 12. Defendant is a debt collector as defined by 15 U.S.C. 11692a(3). 13. Defendant sent letters to Plaintiff, dated in October, 2003, which is a "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a(5). 14. At all pertinent times hereto, the defendant was hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 15. Defendant communicated with plaintiff on or after one year before the date of this action, in connection with collection efforts, by letters, telephone contact or other documents, with regard to plaintiffs alleged debt. 16. On or about October 14, 2003, defendant drafted and mailed, to the Plaintiff, via U.S. mail, a collection or "dunning" letter, which attempt to coerce Plaintiff into paying the alleged debt. 17. Defendant's letters are all signed by I W. Preston. 18. Plaintiff believes and therefore avers that said individual did not review her account. 19. Defendant's letter stated that, "the time afforded you for validation of this debt under the Fair Debt Collection Practices Act has now expired." 20. Plaintiff believes and therefore avers that the FDCPA expressly states that a consumers failure to request validation in the original 30-days from the initial communication, may not be construed as an admission. 21. Plaintiff believes and therefore avers that the time to request validation on the alleged debt never expires. 22. Defendant's letter contains false, misleading, confusing or otherwise deceptive language. 23. The FDCPA states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U.S.C. § 1692f. Defendant violated this section of the FDCPA. 24. The FDCPA states, a debt collector may not use false, deceptive or misleading representation or means in connection with the collection of any debt. 15 U.S.C. § 1692e. Defendant violated this section of the FDCPA. 25. The FDCPA states, a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. 15 U.S.C. § 1692d. Defendant violated this section of the FDCPA. 26. The FDCPA states, it is unlawful to design, compile and furnish any form knowing that such form would be used to create the false believe in a consumer that a person other than the creditor of such consumer it participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 15 U.S.C. §1692j. Defendant violated this section of the FDCPA. 27. The FDCPA states, it is unlawful to add interest, charges, fees or other costs unless authorized by law or contract; Plaintiff does not have a contract with Defendant. 15 U.S.C. §1692f and § 1692e(2)(A) and (B). Defendant violated this section of the FDCPA. 28. The FDCPA provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. § 1692g. Defendant violated this section of the FDCPA. 29. Defendant's collection communications were intentionally confusing, misleading and otherwise deceptive to the Plaintiffs, in violation of 15 U.S.C. §1692e(5) and (10), §I692f(8) and §1692j, e also, In re Belile, 208 B.R. 658 (E.D. Pa 1977). 30. Defendant's communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. Tolentino v. Friedman, 833 F. Supp. 697 (N.D. Ill. 1993); S]u ys v. Hand, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gaynor, 784 F. Supp 1 (D. Conn. 1989). 31. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Bently v. Great Lakes Collection Bureau, 6 F.3d 62 (2d Cir. 1998). See also, 15 U.S.C. §I692e(5), 15 U.S.C. §I692e(10). 32. At all time pertinent hereto, the defendant was acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the defendants herein. 33. At all times pertinent hereto, the conduct of defendant as well as their agents, servants, and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton disregard for federal and state law and the rights of the Plaintiff herein. 34. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 35. Defendants threat of litigation was false because defendant does not routinely file suit against consumer debtors, in violation of 15 U.S.C. §1692e(5) and (10). 36. Defendants letters were intentionally confusing and deceptive, in violation of 15 U.S.C. §1692e(5) and (10), §1692f(8) and §1692j. 37. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 38. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 39. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 40. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 41. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment on his behalf and against defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FDCPA or each separate and discrete incident in which defendants have violated the FDCPA. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at him in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. (C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $300.00/hour for hours reasonably expended by his attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. §1692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equi?k may provide. Dated: 2/25!04 By: / eann Sara p? (j Deanna Lynn Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com CREDIT PROTECTION ASSOCIATION, LP - A NATIONWIDE COLLECTION COMPANY - This Is an attempt to collect a debt and any infornlatfon obtained will be used for that purpose. #BWNFMBY ^"°^"AUTO^3-0IGIT 180 #00843151222# IIIII@Iolilllll@@111IIIIIIiIIIIIIIIIIIhIiIIIIIIIII/IIIIIIIII Paula Mumbauer 1822 E Tremont St Allentown, PA 18109-1681 Imo:: Ybur account with Blockbuster - 90332 Phone a 2102 Union Blvd (610) 776-1938 Allentown PA 18109-1670 17ear Paula Mumbauer: fll11l1111111111111 00943151222 10114/2003 05-090332-29033246079-03 This is the third time we have contacted you on behalf of Blockbuster regarding your cverdue balance of $25.36, According to y our membership agreement, you will not be able to rent any further product until the amount is paid in full. Blockbuster appreciates your business and is anxious to serve your future rental needs, but must ask that this amount be paid in full immediately. At this time. the balance due is over 100 days past due and ou have had anipte tune to resolve this amount. In addition, the time afforded you for validation of this debt under the Fair Ihbt Collection Practices Act has now expired. Please pay the amount in full immediately at the store located at 2102 Union Blvd or mail In the envelope included. Include the bottom portion of the letter to insure proper credit. Very truly yours, 1 W Preston 0003-0050 Credit Protection Association, L.P. 13355 Noel Rd., Dallas, TX 75240 FOLD, TEAR AND RETURN THIS PORTION WI7H YOUR PAYMENT Paula Mumbauer 05-090332-29033246079-03 Extended viewing tees: $25.36 00943151222 10/142{03 Remit to: Total amount due: $25.36 An*.aunt Paid. IILIIIILIIIIIhIIIId IIidI111NllllIILLIIILJIJ,IIIIIIhh IIIII Blockbuster - 90332 Check One ° 2102 Union Blvd 0 0 ® 0 Allentown PA 18109-1670 IIIIIIIIIIIIIIIIIIII/IIIII IIIIIIIIIIIiI IIIIIIIIII IIIIIIIIIIII 0'? _ ..? 111110 iyd cdea. FneloxA 0 Credit Card Account Number: [771_1 1 1 1 111111111 Exp. Oats (MofYr) SIGNATURE i11 I I E-- 1 \ ''l I G op 1[_) I V PAULA MUMBAUER Plaintiff. V. CREDIT PROTECTION ASSOC., LLP Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Civil Action No.: 04-0853 Civil Term IMPORTANT NOTICE TO: RICHARD J. PERK, ESQUIRE FINEMAN KREKSTEIN & HARRIS P.C. United Plaza 30 South 17" Street, Suite 1800 Philadelphia, PA 19103 DATE OF NOTICE: MAY 6, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY 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 (10) DAYS FROM THE DATE OF THIS N OTICE, A JUDGEMENT 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 717-249-3166 800-990-9108 Deanna Lynn Saracco 76 Greenmont Drive Enola, PA 17025 (717) 732-3750 Attorney fir Plaintiff No. 77414 42w?? c? a p r ? m Y c: co ?m Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0J4 - S 5.3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573