HomeMy WebLinkAbout06-3728
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Paula Mumbauer
76 Greenmont Drive
Enola, P A 17025
Receivables Management Solutions
260 E. Wentworth Avenue
West St. Paul, MN 55118
Plaintiff( s) & Addresses
Defendant( s) & Addresses
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued
and fOIwarded to (X ) Attorney ( ) Sheriff.
~
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025
Phone 717-732-3750
SaraccoLaw@aol.com
Signature of Attorney
Dated:
Mn-/iJ (.,
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HA VE
COMMENCED AN ACTION AGAlNSTYOU, it;;i;;,'J R .~.
Prothonotary
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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TO THE DEFENDANT NAMED HEREIN:
CASE NUMBER: 06-3728
NOTICE TO PLEAD
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 IMMED1ATAMENTE. S1 NO T1ENE ABOGADOO 81
NO T1ENE EL D1NERO SUF1CIENTE DE PAGAR TAL SERV1C10N, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE PUEDECONSEGU1R AS1STENC1A LEGAL.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
PAULA MUMBAUER,
Plaintiff,
v.
Civil No.: 06-3728
RECEIVABLES MANAGEMENT
SOLUTIONS,
Defendant.
COMPLAINT
COUNT I - PENNSYL VANIA FAIR 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
Plaintiff's behalf and against defendant for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. S2270.5.
..
COUNT 11- 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,
15 U.S.C. 91692, et seq. ("FDCPA"), particularly 15 U.S.C. 9 I 692k(d) and 28 U.S.C
91337.
8. Venue lies in this District pursuant to 28 U.S.C. 1391(b).
9. Plaintiff is an individual, residing in Pennsylvania, and consumer pursuant to 15 U.S.C
9 I 692a(3 ).
10. Defendant Receivables Management Solutions is a business entity(ies) engaged in the
business of collecting debts in this Commonwealth with its principal place of business
located at 260 E. Wentworth Avenue, West St. Paul, MN 55118.
11. Defendant is a debt collectors as defined by the FDCPA. 15 U.S.C. 11692a(6).
12. Defendant sent letters to Plaintiff dated May 17,2006, and June 26,2006, which are
"communications" relating to a "debt" as defined by 15 U.S.C. I I 692a(2).
13. 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 9 1692a(5).. (Hereinafter the "alleged
debt. ")
14. 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 plaintiff s alleged debt.
15. Plaintiff believes and therefore avers that defendant added interest, fees and costs in
violation of state and federal law.
16. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
. .
....
FDCPA, 15 U.S.C. 9 I 692f(1) and I 692e(2)A and B.
17. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
18. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U.S.c.
91692n. Pennsylvania law states, in pertinent part, 18 Pa.C.S. S7311:
"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:
I. 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. 1 )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."
19. Plaintiff believes and therefore avers that defendant does not have proper assignment of
the claim, in violation of Pennsylvania law.
20. Plaintiff believes and therefore avers that defendant does not have proper assignments
and/or documentation permitting said defendants to charge interest, fees and/or costs.
21. 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. S1692f. Defendant violated this section
of the FDCPA.
22. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c.
s1692n. Defendant violated this section of the FDCP A.
23. Defendant's initial communication, dated May 17,2006, failed to properly identify the
, , , .
alleged debt, simply stating that defendant's client was "card services."
24. Plaintiff could not respond to defendant's initial communication because she had no
knowledge of a creditor, past or present, named "card services."
25. Plaintiff disputes the alleged debt.
26. 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. S 1692e.
Defendant violated this section of the FDCP A.
27. The Fair Credit Reporting at, 15 U.S.c. S 1681 b prohibits the improper use of a
consumer's credit information.
28. The FDCP A states, a debt collector may not discuss the consumers alleged debt with a
third party. The Defendant violated this section of the FDCP A.
29. 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.
30. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 U.S.C. S 1692g.
31. 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. s1692fand sI692e(2)(A) and (B). Defendant violated this section of the
FDCP A.
32. Defendant's collection communications were intentionally confusing, misleading and
otherwise deceptive to the Plaintiffs, in violation of 15 U.S.c. S 1692e(5) and (10),
91692f(8) and S1692j, see also, In re Belile, 208 B.R. 658 (E.D. Pa 1977).
f 11 . .
.
33. Any threat oflitigation 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 91692e(5), 15 U.S.C 9 I 692e(l 0).
34. 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.
35. 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.
36. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C
9 I 692e(5) and (10), 91692f(8) and 91692j.
37. Defendant's June 26, 2006, letter offered Plaintiff a settlement of her claim, despite the
fact that in the initial communication, she could not dispute the alleged debt because the
original creditor was not identified.
38. Defendant's June 26, 2006, letter offered a settlement which led Plaintiff to believe that
she could no longer dispute the alleged debt.
39. Plaintiff was confused, deceived and believed that litigation was imminent if settlement
was not made.
40. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages.
41. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
42. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
i . '. .,.
and harass plaintiff.
43. 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
for Plaintiff and against defendant and issue an Order:
(A) Award Plaintiff 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.
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at Plaintiff 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/hour for hours reasonably expended Plaintiff's attorney in
vindicating his rights under the FDCP A, permitted by 15 U. S. C. ~ I 692k( a )(3).
(D) A ward declaratory and injunctive relief, and such other relief as this Honorable
Court deems necessary and proper or law or eq
Dated: 7/10/06
By: ISh Saracco
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, P A 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
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KURTZ & REVNESS, P.C.
By: Michael J. Revness, Esquire
Attorney I.D. No. 62752
Three Glenhardie Corporate Center
1265 Drummers Lane, Suite 209
Wayne, PA 19087
(610) 688-2855
Attorney for Defendant,
Receivables Management Solutions,
Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PAULA MUMBAUER
NO: 06-3728
Plaintiff
v.
JURY TRIAL DEMANDED
RECEIVABLES MANAGEMENT
SOLUTIONS, INC.
Defendants
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearances in the above-captioned matter on behalf of
Defendant, Receivables Management Solutions, Inc. A jury trial is demanded.
Respectfully submitted,
KURTZ & REVNESS, P.C.
By: ~~.
MIchael 1. Revness, Esquire
By: ~~.S~
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KURTZ & REVNESS, P.c.
By: Michael J. Revness, Esquire
Attorney I.D. No. 62752
Three Glenhardie Corporate Center
1265 Drummers Lane, Suite 209
Wayne, PA 19087
(610) 688-2855
Attorney for Defendant,
Receivables Management Solutions, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PAULA MUMBAUER
NO: 06-3728
Plaintiff
v.
JURY TRIAL DEMANDED
RECEIVABLES MANAGEMENT
SOLUTIONS, INC.
Defendants
DEFENDANT, RECEIVABLES MANAGEMENT SOLUTIONS, INC.'S,
ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT
Defendant, Receivables Management Solutions, Inc. ("Defendant"), by its attorneys, by
and through its attorneys KURTZ & REVNESS, P.C., file this Answer and Affirmative
Defenses to Plaintiff's Complaint.
COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
1. Denied. The allegations in Paragraph (I) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
2. Denied. The allegations in Paragraph (2) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
Page I of \3
3. Denied. The allegations in Paragraph (3) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
4. Denied. The allegations in Paragraph (4) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
5. Denied. The allegations in Paragraph (5) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent that Plaintiff
alleges that Defendant is liable for any damages, or any alleged injury of Plaintiff, Defendant
denies any and all liability .
WHEREFORE, Defendant, Receivables Management Solutions, Inc., requests that this
Court enter judgment in its favor and against Plaintiff and award it the costs of this action and
such other and further relief as may be just and proper.
COUNT I 1- FAIR DEBT COLLECTION PRACTICES ACT
6. Defendant incorporates its responses to Paragraphs (I) through (5) inclusive as
though fully set forth at length herein.
7. Denied. The allegations in Paragraph (7) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
8. Denied. The allegations in Paragraph (8) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
9. Denied. The allegations in Paragraph (9) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent that Paragraph
(9) of Plaintiff's Complaint refers to parties other than Defendant, no responsive pleading is
required.
10. Admitted.
Page 2 of 13
11. Denied. The allegations in Paragraph (11) of Plaintiffs Complaint constitute
conclusions of law to which no responsive pleading is required.
12. Denied. To the extent that the allegations in Paragraph (12) of Plaintiffs
Complaint constitute conclusions of law, no responsive pleading is required. To the extent a
response is required, it is admitted that on May 17,2006 and June 26, 2006 Defendant sent
letters to Plaintiff regarding a debt.
13. Denied. To the extent that the allegations in Paragraph (13) of Plaintiffs
Complaint constitute conclusions of law, no responsive pleading is required. To the extent a
response is required, it is admitted that Defendant was authorized to collect or settle an account
on behalf of Card Services.
14. It is admitted Defendant's first communication with Plaintiff was the May 17,
2006 correspondence.
15. Denied. To the extent that the allegations in Paragraph (15) of Plaintiffs
Complaint constitute conclusions of law, no responsive pleading is required. To the extent a
response is required, it is specifically denied that Defendant added interest, fees and costs. Strict
proof thereof is demanded at the time of trial.
16. Denied. To the extent that the allegations in Paragraph (16) of Plaintiffs
Complaint constitute conclusions of law, no responsive pleading is required. To the extent a
response is required, it is specifically denied that Defendant added interest, fees and costs. Strict
proof thereof is demanded at the time of trial.
17. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph, and strict proof thereof is demanded at the time of trial. Furthermore, it is
Page 3 of 13
specifically denied that Defendant added interest, fees and costs. Strict proof thereof is
demanded at the time of trial.
18. Denied. The allegations in Paragraph (18) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent a response is
required, it is admitted that Plaintiff quotes in Dart from 18 Pa. C.S. 9 7311.
19. Denied. The allegations in Paragraph (19) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent a response is
required, Defendant denies ever receiving an assignment as alleged. Strict proof thereof is
demanded at the time of trial.
20. Denied. The allegations in Paragraph (20) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent a response is
required, Defendant denies ever receiving an assignment as alleged. Strict proof thereof is
demanded at the time of trial.
21. Denied. The allegations in Paragraph (21) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
22. Denied. The allegations in Paragraph (22) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
23. Denied. It is specifically denied that Defendant failed to properly identify the
alleged debt. "Total due: $281.32" appears at the top right hand comer of the May 17, 2006
letter along with "Account #: 5770912020957920." It is admitted that Defendant's client as it
appears on the May 17, 2006 is "CARD SERVICES." Furthermore, under the heading
"***IMPORTANT NOTICE***" the correspondence advised the following:
Page 4 of 13
Pursuant to provisions in the Federal Fair Debt Collection Practices Act, unless
you notify this office within 30 days after receiving this notice that you dispute
the validity of this debt or any portion thereof, this office will assume this debt is
valid. If you notify this office in writing within 30 days from receiving this
notice, that you dispute the validity of this debt or any portion thereof, this office
will: Obtain verification of the debt or obtain a copy of a judgment and mail you
a copy of such judgment or verification. Also, if you request this office in writing
within 30 days after receiving this notice, this office will provide you with the
name and address of the original creditor if different from the current creditor.
This letter is written for debt collection purposes and any information obtained
will be used solely for that purpose.
A copy of the May 17, 2006 correspondence is attached as Exhibit A.
24. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph, and strict proof thereof is demanded at the time of trial. As the "** *IMPOR T ANT
NOTICE***" above states, however, Plaintiff could have requested from Defendant the name
and address of the original creditor if different from the current creditor by making a written
request within 30 days of receiving the notice. See Exhibit A.
25. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph, and strict proof thereof is demanded at the time of trial.
26. Denied. The allegations in Paragraph (26) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
27. Denied. The allegations in Paragraph (27) of Plaintiff's Complaint constitute
conclusions oflaw to which no responsive pleading is required.
28. Denied. The allegations in Paragraph (28) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent a response is
Page 5 of 13
required, it is specifically denied that Defendant discussed the debt with a third party. Strict
proof thereof is demanded at the time of trial.
29. Denied. The allegations in Paragraph (29) of Plaintiffs Complaint constitute
conclusions of law to which no responsive pleading is required.
30. Denied. The allegations in Paragraph (30) of Plaintiffs Complaint constitute
conclusions oflaw to which no responsive pleading is required.
31. Denied. The allegations in Paragraph (31) of Plaintiffs Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent a response is
required, it is specifically denied that Defendant added interest, charges, fees or other costs.
Strict proof thereof is demanded at the time of trial.
32. Denied. The allegations in Paragraph (32) of Plaintiffs Complaint constitute
conclusions of law to which no responsive pleading is required.
33. Denied. The allegations in Paragraph (33) of Plaintiffs Complaint constitute
conclusions of law to which no responsive pleading is required.
34. Denied. The allegations in Paragraph (34) of Plaintiffs Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent a response is
required, all allegations regarding agency, employment, supervision and control are specifically
denied, and strict proof thereof is demanded at the time of trial.
35. Denied. The allegations in Paragraph (35) of Plaintiffs Complaint constitute
conclusions oflaw to which no responsive pleading is required.
36. Denied. The allegations in Paragraph (36) of Plaintiffs Complaint constitute
conclusions of law to which no responsive pleading is required.
Page 6 of 13
37. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph, and strict proof thereof is demanded at the time of trial. Furthermore, the initial May
17, 2006 correspondence clearly states Plaintiff could have "dispute[d] the validity of this debt
or any portion thereof." See Exhibit A.
38. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph, and strict proof thereof is demanded at the time of trial. Furthermore, neither of the
correspondence Defendant had sent to Plaintiff stated she could not dispute the debt. To the
contrary, the correspondence clearly states Plaintiff could have "dispute[ d] the validity of this
debt or any portion thereof." See Exhibit A.
39. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph, and strict proof thereof is demanded at the time of trial. Furthermore, the
correspondence makes no reference to litigation whatsoever. See Exhibit A.
40. Denied. The allegations in Paragraph (40) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
41. Denied. The allegations in Paragraph (41) of Plaintiff's Complaint constitute
conclusions oflaw to which no responsive pleading is required.
42. Denied. The allegations in Paragraph (42) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required.
43. Denied. The allegations in Paragraph (43) of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent a response is
Page 7 of 13
required, the allegations are denied. The defendant has no knowledge of what if any, injuries or
damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are
serious, permanent or causally related to the incident set forth in plaintiff's complaint.
Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial.
WHEREFORE, Defendant, Receivables Management Solutions, Inc., requests that this
Court enter judgment in its favor and against Plaintiff and award it the costs of this action and
such other and further relief as may be just and proper.
NEW MATTER
1. The Complaint fails, in whole or in part, to state a claim upon which relief may be
granted.
2. No act or omission on the part of Defendant was the cause, whether proximate or
otherwise, of any damages that Plaintiff may have suffered.
3. Defendant maintained reasonable procedures to ensure maximum possible accuracy.
4. Defendant has complied with the provisions of the Pennsylvania Fair Credit
Extension Uniformity Act, 73 P.S. * 2270, et seq.
5. Defendant has complied with the provisions of the Fair Debt Collection Practices
Act, 15 U.S.C. * 1692 et seq.
6. The Complaint may be barred by the fault and negligence of the Plaintiff.
7. Some or all of Plaintiff's claims may be barred or limited by the provisions of the
Fair Debt Collection Practices Act and/or the Pennsylvania Fair Credit Extension Uniformity
Act.
Page 8 of 13
8. At all times, Defendant acted in good faith and without malice or intent to injure or
harm the Plaintiff.
9. Any alleged act or omission of Defendant was not intentional, and to the extent that
any improper action or omission occurred, which is specifically denied, it was the result of a
bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid
such error.
10. Defendant herein incotporates any and all defenses available to it under the Fair
Debt Collection Practices Act, 15 U.S.C. ~ 1692 et seq., and the Fair Credit Extension
Uniformity Act, 73 P.S. ~ 2270 et seq.
11. Plaintiff's Complaint may be barred in whole or in part by settlement, release,
waiver andlor laches.
12. Plaintiff's Complaint may be barred by the Statute of Limitations.
13. Plaintiff's Complaint may be barred in whole or in part by accord and satisfaction.
WHEREFORE, Defendant, Receivables Management Solutions, Inc. requests that this
Court enter judgment in its favor and against Plaintiff and award it the costs of this action and
such other and further relief as may be just and proper.
Respectfully submitted,
KURTZ & REVNESS, P.C.
By:
M~vn~s, Esquire
David A. Shafie, Esquire
Three Glenhardie Cotporate Center
1265 Drummers Lane, Suite 209
Wayne, PA 19087
(610) 688-2855
Page 9 of 13
EXHIBIT A
JUL-25-2005 09'14 FROM:
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JUL-21-2006 is: 38
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95ZB:$073S5
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W. ~,Paul, MNSS!1Il.:mSI,
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Receivable. MalUlgement Solutions
260 E. weatWOlth "\Ill, . Woot sa. Paul. MN S5118
(651) 457-'1:50' "". (bSil 457-3827. 1.aDO-::994301
MaY 17. 2006
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PAttALMUMBAUER ','
16 GREl!NMONI DR
~LA PA 170~02643
RMS Placement Date: 0912712005
RMS a_until: 3313293
Total Doe: $281.32
Client: CARD SEIlVJCES
AcCOIll1l II: 5770912020957920
~ PAULA L MOMBA"lJEil.'
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Ar<iyW tired of ~ing witb[i:opedion agencies Wt ~ouoo imIl;h?
~ SERVICES authori:t.oll.lbcJvabl... MaD"-,,1 SolUtions. me. to settle tilt alIove ~ account for $210.99.
,
:thif cJrOt ~ ~ wi~ilotiCe or be m.'Okod at any time.
~ offers ruauy,payrneot ~ jacJuding ClleCk by PI10M WeJlCm Union's 'Quick Collec(. MancyGram,
VlWMa$terCard SilM<:cs awl tIS POclal mail delillet)l.
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yoJ may COIlQQt'Olll'olb:~ ~g UllllIte t-llOO-299c8301. Please refer to yWt MIS ac:couat 1/3873293, Offiu hours
ur: ~nday tII:. Thursday 7am 10 9pm, Friday'am to 7pm an<! Saturday 'PlIO Upm CelInal time zone.
Sinferdy ,
~los Mlmagc.ment So~lIS,lnc.
11Ii~ collectioll'aFw:y it '~~d by tile Mb,nesou Dcpattmaat at COIIl/IIen;e.
: , , , ' "'IMJ'O:aTANT:~11Cr: ...
P.ll~_t to ..r~, roil:: ill'" ~ rill' Debt Co\l4cdClllcErictku Act, unl:fJ.=z tllls""'~ "tIll 30 WI
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of Ill" cIdIt o~ ' '.... om... 'tIill: Obsah...id&ealioa UIC lIeIihr oIIt..~ JudlllDllat ...a
~ >'!"J ytlI, - ',' , iDGr "'r\!icatioa. Abo. if yell reqalll dlis oft"..e ill W{lt!:' 1JiCIl IJJ'" alter
-- e, ' .. pl'O\'ideY(lUwillltMIIUIII;ahdaddraurlllc I' _el'llatfrOm
~ c , . This \Ctter . ..riftea 1m- debt collectiOit purp_ aDd atIY !;1:'1'lD 0 t ell ..ill be used
soId1 for tbat purpo....
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-aaa tlotadI bouom pOl'dol'ulild NlUnl willi PO)llllCAt ...
UoiE. W~l'lb Avo. i
w. St. Paul. MNS5lIa-:mS '
RMS acco\llll M: 3873293
Total Due: $181.32
Cllent: CAllD SERVICES
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CERTIFICATE OF SERVICE
I hereby certify that on this date I served a true and correct copy of the foregoing
Answer and New Matter, via United States Mail, postage prepaid, addressed as follows:
Deanna Lynn Saracco, Esq.
76 Greenmont Drive
Enola, P A 17025
Attorney for Plaintiff
7/7J)/OC
~A.
Michael Revness, Esq.
Attorney for Defendant,
Receivables Management Solutions, Inc.
Date
Page 10 of 13
KURTZ & REVNESS, P.C.
By: Michael J. Revness, Esquire
Attorney LD. No. 62752
Three Glenhardie Corporate Center
1265 Drummers Lane, Suite 209
Wayne, PA 19087
(610) 688-2855
Attorney for Defendant,
Receivables Management Solutions, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PAULA MUMBAUER
NO: 06-3728
Plaintiff
v.
JURY TRIAL DEMANDED
RECEIVABLES MANAGEMENT
SOLUTIONS, INC.
Defendants
NOTICE TO PLEAD
TO: Plaintiff
You are hereby notified to file a written response to the enclosed New Matter and/or
New Matter Cross-Claims within twenty (20) days hereof or a judgment may be entered against
you.
KURTZ & REVNESS, P.C.
By: ~...{
Michael J. Revness, Esquire
Attorney for Defendant,
Receivables Management Solutions,
Inc.
Page 11 of13
VERIFICATION
I, Michael Revness, Esq. verify that I am the attorney for Defendant, Receivables
Management Solutions, Inc., and am authorized to make this Verification and that the
facts set forth in the foregoing pleading are true and correct to the best of my knowledge,
information, and belief. I understand the foregoing statements are made subject to the
penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn falsification to authorities.
~....,(.
Michael Revness, Esq.
Attorney for Defendant,
Receivables Management Solutions,
Inc.
Page 13 of13
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PAULA MUMBAUER,
Plaintiff,
v.
Civil No.: 06-3728
RECEIVABLES MANAGEMENT
SOLUTIONS,
Defendant.
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER
Paragraphs 1 through 13 of Defendant's New Matter: These paragraphs contain legal
conclusions to which no response is required. To the extent a response is required, it is hereby
denied and strict proof is demanded at time of trial.
By: I~SaracCO
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, P A 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
Dated: 8/4/06'
Certificate of Service:
I hereby certify that a true and correct copy of the foregoing was served on attorney for
defendant as follows:
Michael 1. Revness
Kurtz & Revness, P.C.
1265 Drummers Lane, Suite 209
Wayne, PA 19087
Dated: 8\06
B,&_,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PAULA MUMBAUEK
Plaintiff.
v.
Civil No.: 06-3728
RECEIVABLES MANAGEMENT
SOLUTIONS.
Defendant.
PRAECIPE TO DISCONTINUE
Pursuant to Pa. RC.P. 229
WITHOUT PREJlJDICE
And now comes Plaintiff. by and through her counsel. Deanna Lynn Saracc . and files
this Praecipe to Discontinue, without Prejudice. the above captioned matter. After ' rther
investigation. the Plaintiff believes that the issues in this case will be better served s both an
individual and class action, pursuant to federal law. specifically, 15 U.S.C. 91692 e
as the Fair Debt Collection Practices Act. The Plaintiff intends to drop all state acti s and raise
only the federal causes of action. Defendant will not be prejudiced since the compl i
remain virtually the same and FDCP/\ actions are routinely pursued in federal court his case
should be discontinued and you may mark this case CLOSED.
Dated: 3/26/97
Deanna Lynn Saracco. Attorney for Plaintiff
76 Greenmont Drive. Enola. P A 17025
7 17-732-3750, Fax. 717-728-9498
Certificate of Service:
I hereby certify that I served. via U.S. Mail. postage prepaid. to the defendant as foll \ s:
Michael J. Revness
Kurtz & Revness. P.c.
1265 Drummers Lane, Suite 209
Wayne, PA 19087
Dated: 3/26107
AlM
Deanna Lynn Saracco
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