HomeMy WebLinkAbout05-4858
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDY MUMBAUER,
Plaintiff,
v.
Civil No,:
05
tI fS <6 &tJ
WEST ASSET MANAGEMENT. INe.
And ATTENTION FUNDING TRUST,
Defendants.
JURY TRIAL DEMANDED
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
32 S. Bedford Street, Carlisle, P A
1-800-990-9108,717-249-3166
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 la fecha de la excrita 0 en persona 0 por abogado y
archivar en la corte en forma excrita sus defensas 0 sus objectiones alas
demande, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO 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.
,'"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDY MUMBAUER,
Plaintiff,
v.
Civil No.: 0 !./- l{ J S'fJ'
WEST ASSET MANAGEMENT, INC.
And ATTENTION FUNDING TRUST-
Defendants.
.IUR Y TRIAL DEMANDED
COMPLAINT
COUNT 1- PENNSYL V ANIAF AIR CREDIT EXTENSION UNIFORMITY ACT
1. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P,S. S2270 et seq.
2. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P,S. S2270.4(a),
3. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by FCEU and the regulations, including but not limited to, violations
of37 Pa.Code SS303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. S201-2(4).
4. Defendant's acts as described herein were done with malicious, intentional, willfuL
reckless, negligent and wanton disregard for Plaintiff's rights with the purpose of
coercing Plaintiff to pay the alleged debt.
5. 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. treble damages, punitive damages, attorney fees
and costs pursuant to 73 P.S. 92270.5.
, -
COUNT II - FAIR DEBT COLLECTION PRACTICES ACT
6. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
7. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act,
IS U.S.C. S1692, et seq. ("FDCPA"), particularly IS U.S.c. SI692k(d) and 28 U.S.C.
S1337.
8, Venue lies in this District pursuant to 28 U.S.c. 1391(b).
9. Plaintiff is an individual and consumer pursuant to 15 U .S.C. S 1692a(3).
10. Defendant West Asset Management Inc., is a business entity(ies) engaged in the business
of collecting debts in this Commonwealth with its principal place of business located at
P. O. Box 723477, Atlanta, GA 31139.
II. Defendant Attention Funding Trust, is a business entity engaged in the business of
collection debts in this Commonwealth, additionally, purchasing accounts in default, with
its principal place of business located at P. O. Box 723477, Atlanta, GA 31139.
12. Defendants are debt collectors as defined by 15 U.S.c. 1 I 692a(6).
13. Defendant, West Asset Management Inc., sent a letter to Plaintift~ dated July 13,2005,
and August IS, 2005, which are "communications" relating to a "debt" as defined by 15
U.S.C. II692a(2).
14. Defendant Attention Funding Trust caused the letters to be sent, dated, July 13,2005,
and August IS, 2005, which are communications relating to a debt as defined by IS
U.S.C. sI692a(2).
15. At all pertinent times hereto, the defendants were hired to collect a debt relating to a
consumer transaction as defined by 15 U,S,c. S I 692a(5).. (Hereinafter the "alleged
debt.")
16. 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.
17. Defendant West Asset Management Inc. 's, letter dated July 13, 2005, stated that Plaintiff
owed $7,817.41, to Attention Funding Trust. Capital Management Services, Inc.'s, May
2005, letter stated that, Plaintiff owed $2,541. 74, to Sherman Acquisition LP.
18. Defendant West Asset Management Inc., letter dated August 15,2005, stated that
Plaintiff owed $7,963.94, to Attention Funding Trust.
19. Plaintiff believes and therefore avers that defendants are adding interest, fees and costs in
violation of state and federal law.
20. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCP A, 15 U.S.c. ~ 1692f(]) and] 692e(2)A and B.
21. The FDCP A states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. Without limiting the general application of the
foregoing, the following conduct is a violation of this section: (I) The collection of nay
amount (including any interest, fee, charge or expense incidental to the principal
obligation) unless such amount is expressly authorized by the agreement creating the debt
or permitted by law. 15 U.S.c. S 1692f~ I).
22. The FDCP A states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any debt. Without limiting
the general application of the foregoing, the following is a violation of this section, (2)
The false representation of (A) the character, amount or legal status of any debt, or (B)
any services rendered or compensation which may be lawfully received by any debt
collector for the collection of a debt. 15 U.S,C. ~ 1692e(2)A and B.
23. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to West Asset Management, Inc., or to Attention Funding Trust or any of its debt
collectors.
24. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c.
91692n. Pennsylvania law states, in pertinent part, 18 Pa.C .S. ~ 7311 :
"Unlawful collection agency practices,
(a) Assignment of claims. It is lawful for a collection agency, for the purpose of
collecting or enforcing the payment thereof, to take an assignment of any such
claim from a creditor. if all of the following apply:
1. The assignment between the creditors and collection agency is in writing;
2. The original agreement between the creditor and debtor does not prohibit
assignments.
3. The collection agency complies with the act of December 17, 1968...
(b.l )Unfair or deceptive methods. It is unlawful for a collector to collect any
amount, including any interest, fee, charge or expense incidental to the principal
obligation, unless such amount is expressly provided in the agreement creating the
debt or is permitted by law."
25. Plaintiff believes and therefore avers that the defendants do not have proper assignment
of her claim, in violation of Pennsylvania law.
26. Plaintiff believes and therefore avers that defendants do not have proper assignments
and/or documentation permitting said defendants to charge interest, fees and/or costs.
27. The FDCP A states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 U.S.C, 91692f. Defendant violated this section
of the FDCPA.
28. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U.S.c.
s1692n. Defendant violated this section of the FDCP A.
29. The FDCP A 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. s1692e.
Defendant violated this section of the FDCP A.
30. The Fair Credit Reporting at, 15 U.S.c. S1681 b prohibits the improper use of a
consumer's credit information, defendants violated this section.
31. Plaintiff believes and therefore avers that defendants are misrepresenting the amount of
Plaintiff's alleged debt to the credit reporting agencies by adding unlawful interest, fees
and charges.
32. The FDCP A 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. S 1692d. Defendant violated this section of the FDCP A.
33. The FDCP A 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. S1692j. Defendant violated this section of the FDCP A.
34. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 U .S.c. S 1692g. Defendant violated this section of the FDCP A.
35, The FDCP A 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. S 1692f and S 1692e(2)(A) and (B). Defendant violated this section of the
FDCP A.
36. Defendant's collection communications were intentionally confusing, misleading and
otherwise deceptive to the Plaintiffs, in violation of 15 U.S,c. sI692e(5) and (10),
S 1692f(8) and S 1692j, see also, In re Belile, 208 B.R. 658 (E.D. Pa 1977).
37, 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); Sluys
v. Hand, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gaynor, 784 F, Supp 1 (D.
Conn. 1989).
38. 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. sI692e(5). 15 U.S.c. sI692e(10).
39. 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.
40. 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.
41. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.c.
sI692e(5) and (10), S1692f(8) and S1692j.
42. Plaintiff was confused, deceived and believed that litigation was imminent if settlement
was not made.
43. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages.
44. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
45. Defendant, in its collection etlorts, used false or deceptive acts and intended to oppress
and harass plaintiff.
46. 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 PlaintitI statutory damages in the amount of One Thousand Dollars
($1,000.00) for each violation of the FDCP A or each separate and discrete
incident in which defendants have violated the FDCP A.
(8) 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.
(Q) Award Plaintiff costs of this litigation. including a reasonable attorney's fee at a
rate of $350.00/hour for hours reasonably expended by his attorney in vindicating
his rights under the FDCPA, permitted by 15 U.S.c. SI692k(a)(3).
(D) Award declaratory and injunctive relief: and such other reliefas this Honorable
Court deems necessary and proper or law or equity may provide,
COUNT III - CLASS ACTION
47. Plaintiff hereby incorporates the foregoing as if fully set forth herein,
48. Federal Rule of Civil Procedure, 23, permits a class action if certain criteria are met.
49. The FDCPA permits class action, 15 U.S.c. S1692k(a)(2)(B).
50. In this case, both defendants charged unlawful interest fees and/or charges, in violation
of state and federal law.
51. In this case, both defendants failed to comply with Pennsylvania law, 18 Pa.C.S. 97311 et
seq.
52. In this case, defendants' letter contained false, deceptive and misleading statements.
53. This action seeks a declaration that the form of defendants' collection letter violated the
FDCPA
54. This action seeks a declaration that defendants' collection practices violated the FDCP A.
55. The Class consists of all persons who received a collection letter identical or similar to
the letters attached as Exhibit A and B.
56. Plaintiff's claims are typical of the claims of the Class.
57. It is unknown how many letters were sent by each defendant, as such, Plaintiff believes
and therefore avers that the number exceeds 100 persons.
58. Common relief is therefore sought on behalf of all members of the Class,
59. This Class Action is superior to other available methods for the fair and efficient
adjudication of this controversy.
60. The prosecution of separate action by individual members of the class would create a risk
of inconsistent or varying adjudications with respect to the individual members of the
Class, and a risk that any adjudications with respect to the interests of the other members
of the Class would, as a practical matter, either be dispositive of the interests of other
members of the Class not party to the adjudication or substantially impair or impede their
ability to protect their interests, Defendants acted in a manner applicable to the Class as a
whole that warrants declaratory relief.
61. The Plaintiff will fairly and adequate protect and represent the interests of the Class. The
management of the Class action proposed is not extraordinarily difficult and the factual
and legal issues raised will not require extended contact with the members of the Class
because defendant's conduct was perpetrated on all members of the Class and will be
established by common proof. Plaintiff's counsel. attorneys Saracco and Rosen,
participated as attorneys in class actions brought pursuant to the FDCP A.
62. Given the nature of defendants' practices, it is likely that other consumers in
Pennsylvania have been harmed by these practices.
63. The law firm of Krevsky & Rosen, located at 1101 North Front Street, Harrisburg,
Pennsylvania, have agreed to enter its appearance as co-counsel to ensure that Plaintiff's
counsel will have adequate resources to represent the class.
64. This action could be handled as a no-notice class, and is superior to the alternative,
hundreds of Pennsylvania residents tiling separate FDCP A actions.
65. Piaintiff respectfully requests that this Honorable Court consider the frequency and
persistence of defendants' non-compliance, the nature of defendants' non-compliance,
and the obvious intentional nature of the defendants by failing to verify whether the
collection amount is valid, as required by Pennsylvania law, failure to secure the proper
authorizations as required by Pennsylvania law and in general, attempting to deceive
Pennsylvania consumers.
66. Plaintiff respectfully requests that this Honorable Court certify the class and award such
amount for each named Plaintiff, $1,000.00, plus such amount as this Honorable Court
may allow for all other class members, without regard to a minimum of $500,000.00 or
-
one percent of the net wroth of the debt collector, and attorney fees of$350.00 per hour,
and costs as reasonably determined by this Honorable Court.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
a. Certify the class,
b. Appoint Plaintiff to represent the members of the class,
c. Appoint Deanna Lynn Saracco and the law firm of Krevsky & Rosen as counsel
for the class,
d. Declare that defendants' practices of adding unlawful collection fees violated
Pennsylvania law and the FDCP A.
e. Enter judgement in favor of Plaintiff and the Class and against Defendants, for
statutory damages, costs and reasonable attorney fees in the amount of $350.00
per hour,
f. Grant such further relief as this Honorable Cou
Dated: 9/19/05
By: DO
Deanna Lynn Saracco
Attorney for Plaintiff
76 Greenmont Drive
Enola, Pennsylvania 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
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Sharon M. O'Donnell
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B I'tnJl'!lWA I
Harrisburg, PA 17112 "nIU/~ I.
(717)651-3503
Attorneys for Defendants, West Asset Management, Inc. and Attention Fnnding Trust
JUDY MUMBAUER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
WEST ASSET MANAGEMENT, INC.,
and ATTENTION FUNDING TRUST,
Defendants
CIVIL ACTION NO.: 05-4858 Civil
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONATARY:
Kindly enter the appearance of the undersigned on behalf of Defendants, West Asset
Management, Inc. and Attention Funding Trust, in the above captioned matter.
Respectfully submitted,
BY:
ALL, DENNEHEY, WARNER,
& --..,
Date: /0/)- sf 0 S'
RON M, O'DONNELL, ESQ,
I. ,NO, 79457
4200 Crums Mill Road, Suite B
Harrisburg,PA 17112
(717) 651-3503
\ .
, .
CERTIFICATE OF SERVICE
I, Sharon M, O'Donnell, do hereby certify that I have served upon all parties a true and
correct copy of the foregoing document this date via First Class United States mail, postage
prepaid as follows:
Deanna Lynn Saracco
76 Greenmont Drive
Enola, P A 17025
Date: ! i) I cx,;/o S
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\05_ A \LIAB\SMOISLPG\20 1564\JNK\15000\50000
on M. O'Donnell
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ORIGINAL
JUDY MUMBAUER.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
WEST ASSET MANAGEMENT, INC.,
and ATTENTION FUNDING TRUST,
Defendants
CIVIL ACTION NO.: 05-4858 Civil
JURY TRIAL DEMANDED
NOTICE
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 tiling 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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle. P A 17013
(800)990-9108
A VISO
USTED HA SIDO DEMANDADO/A EN CORTE, Si usted desea defenderse de las demandas que se presentan
mas adelante en las siguientes paginas, debe tamar accion dentro de los proximos veinte (20) dias despues de la
notiticacion de esta Demanda y A visa radicando personalmente 0 par media de un abogado una comparecencia
escrita y radicando en 1a Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra
suya, Se Ie advierte de que si usted falla de tamar ace ion como se describe anteriormente, el caso puede proceder
sin listed y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier atra reclamacion 0 remedio
solicitado par el demandante puede ser dictado en contra suya par la Corte sin mils aviso adicional. Usted puede
perder dinero 0 propiedad u alTos derechos importantes para usted,
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE, SI USTED NO TlENE
UN ABOGADO, LLAME 0 V A Y A A LA SIGUlENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUlR UN ABOGADO,
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSlBLE QUE ESTA OFICINA
LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO 0 BAJO COSTa A PERSONAS QUE CUALIFlCAN,
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle. PA 17013
(800\990-9108
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
JUDY MUMBADER,
Plaintiff,
v,
Civil No.: 05-4858 Civil Tenn
WEST ASSET MANAGEMENT, INe.
Defendant.
JURY TRIAL DEMANDED
AMENDED COMPLAINT
COUNT I - PENNSYL VANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
1. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension
Unifonnity Act, 73 P.S. 92270 et seq,
2, Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCED, 73 P.S. 92270.4(a),
3. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by FCED and the regulations, including but not limited to, violations
of37 Pa.Code 99303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P,S, 9201-2(4).
4. 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.
5. 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, treble damages, punitive damages, attorney fees
and costs pursuant to 73 p.s, 92270,5,
COUNT II - FAIR DEBT COLLECTION PRACTICES ACT
6. Plaintiff hereby incorporates the forgoing as iffully set forth herein,
7, Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act,
15 V.S,C. 1}1692, et seq, ("FDCPA"). particularly 15 V,S,c, 1}1692k(d) and 28 V,S.C,
1}1337, Venue lies in this District pursuant to 28 V.S,c. 1391(b).
8. Plaintiff is an individual and consumer pursuant to 15 V.S.C. 1}1692a(3).
9. Defendant West Asset Management Inc" is a business entity(ies) engaged in the business
of collecting debts in this Commonwealth with its principal place of business located at
P. O. Box 723477, Atlanta, GA 31139. and is a debt collector as defined by 15 V,S.C,
11692a( 6),
10. Defendant, West Asset Management Inc" sent a letter to Plaintiff, dated July 13,2005,
and August 15,2005, which is a "communication" relating to a "debt" as defined by 15
V,S.C, I 1692a(2).
I L At all pertinent times hereto, the defendant was hired to collect a debt relating to a
consumer transaction as defined by 15 V.S,c. 1} 1692a(5)..
12, Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCPA. IS V.S,C. gI692f(l) and 1692e(2)A and B, inter alia. Sections 1692, b, c, d, e,
f, g, h, and/or n.
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) A ward 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.
~) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
rate of $350.00/honr for hours reasonably expended by his attorney in vindicating
his rights under the FDCPA, permitted by 15 U.S,C, ~1692k(a)(3).
(D) A ward declaratory and injunctive relief, and such other relief as this Honorable
Court deems necessary and proper or law or equity may ~rovide,
Dated: 1117105 By: IslDeann
Deanna Lynn aracco
Attorney for Plaintiff
76 Greenmont Drive
Enola, Pennsylvania 17025
Telephone 717-732-3750
Fax 717-728"9498
Email: SaraccoLaw@aol.com
co
,
Certificate of Service:
I hereby certifY that a true and correct copy of the foregoing was served, via hand delivery, to
attorney for West Asset Mgt., as follows:
Sharon M. O'Donnell
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
1117105
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
JUDY MUMBAUER,
Plaintiff,
v.
Civil No.: 05-4858 Civil Term
WEST ASSET MANAGEMENT, INe.
Defendant.
JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW. WITH PREJUDICE
And now comes Plaintiff, by and through her attorney, Deanna Lynn Saracco, and files this
Praecipe to Withdraw, with Prejudice, the above captioned matter as the parties have amicably
settled their dispute, This case is now discontinued, please mark this case CLOSED,
\
Dated: 11129/05
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By: /s e acco
Deanna Lynn Saracco
Attorney for Plaintiff
76 Greenmont Drive
Enola, Pennsylvania la025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aoLcom
I hereby certifY that a true and correct copy was served upon defendant, via U.S, First Class Mail,
as follows:
Sharon M. O'Donnell
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
11119/05
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/s/Dea' a L~Saracco
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