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HomeMy WebLinkAbout02-3509IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN MASCIOCCHI, Plaintiff, V. CREDIT PROTECTION ASSOC., L.P., And R. J. Simpson, President and J. W. Preston, Collection Manager Defendants. JURY TRIAL DEMANDED COUNT I 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. Venue lies in this District pursuant to 28 U.S.C. 1391(b). Plaintiff is an individual and consumer pursuant to 15 U.S.C. § 1692a(6). Defendants are either individuals or business entity(ies) engaged in the business of collecting debts within this Commonwealth via letters and telephone calls, with its principal place of business located at 13355 Noel Road, Dallas, Texas, 75240. Defendants are debt collectors as defined by 15 U.S.C. § 1692a(3). Defendant sent letters to Plaintiff, dated October 12, 2001, October 18, 2001, November 5, 2001, and December 12, 2001. which are "communications" relating to a "debt." 15 U.S.C. § 1692a(2)and § 1692a(5). At all pertinent times hereto, defendants were hired to collect an alleged debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 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 plalntift's alleged debt. 9. Defendant's letters intentionally contained false, misleading, deceptive and confusing statements which violated the FDCPA. I0. Defendant's letters made false threats in violation of the FDCPA. 1 I. Defendant's initial letter overshadowed the 30-day notice. 15 U.S.C. 1692(g). 12. Defendant's letters misrepresent the character and amount of the alleged debt, in violation of the FDCPA. 13. Defendant's letters failed to inform Plaintiffof his rights under the FDCPA. 14. Defendant's letters were intentionally confusing, deceptive and misleading. 15. Defendant failed to inform Plaintiff that he is entitled to make partial payments, in violation of 15 U.S.C. §1692h. 16. Defendant's letter was intended to intimidate and coerce Plaintiff into paying the alleged debt. 17. Defendant's conduct rises to the level required for punitive damages due to the form and language of its notice and the continuous and repetitive nature of the violations under the FDCPA. 18. At ail time pertinent hereto, the defendants were 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. 19. At all times pertinent hereto, the conduct of the defendants 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 Plaintiffherein. 20. Defendants made false threats of litigation in violation of the FDCPA. 15 U.S.C. §1692e(5) and (10). 21. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. §1692e(5) and (10), §1692f(8) and §1692j. 22. As a result of each defendant's intentional false, misleading, confusing and deceptive practices, Plaintiff suffered and is entitled to damages for emotional distress. 23. Defendants, in their collection efforts, violated the FDCPA, inter alia, Sections 1692b, c, d, e, f, g, h, and/or n. 24. Defendants, in their collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 25. That, as a result of the wrongful tactics of defendants as aforementioned, plalntiffhas been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment on her 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. Kashak v. Raritan Valley ~L~al[~l~, F. Supp. (D.N.J. May 23, 1959), and ~ Manaeement Adjustment Bureau, 805 F. Supp. 1086, 1095 (W.D.N.Y. 1992) (B) Award Plaintiff 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 Plalntiffcosts of this litigation, including a reasonable attorney's fee at a rate of $250.00/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 Plaintiff damages for emotional distress in an amount of not less than Ten Thousand Dollars ($10,000.00). (E) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. Dated: 7/22/02 By:_ Deanna Lynn Smith Lawrence J. Rosen Attorneys for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 DLSMITHLAW~AOL.COM CREDIT PROTECTION ASSOCIATION, L.P. - A NATIONWIDE COLLECTION COMPANY - THiS IS AN ATTEMPT TO COLLECT A DEBT AND ANY iNFORMATION OBTAINED WILL BE USED FOR THAT PuRPosE. #BWNFM BY ........ MIXED ADC A170 #00592478312# h,,llh,,llh,,,hhlh,.h,,ll Brian Masciocchi 5868Hillside Ln Mechanicsburg, PA 17050 10/18/2001 RE: Your account with Blockbuster - 90368 Phone # 5250 Carlisle Pike (717) 795-8820 Mechanicsburg PA 17050-2431 Dear Brian Masciocchi: 05-090368-29036840379.00 The records of rental transactions from Blockbuster indicate that your account in the amount of $23 46 is seriously past due. · The Fair Debt Collection Practices Act requires that we, as the debt collector, inform you that: unless you, within thirly days after receipt of this initial notice, dispute the val dity of the debt, or any portion thereof, the debt will be assumed vahd by the debt collector. If you notify the debt collector in writing within the thirty-day period that the debt, or any portion thercoI; is disputed, the debt collector will obtain verification of the debt or a copy of judgment against you and mail it to you. Ifre0uested in writing within thirty days, the debt col!~ctor ~v)ll also provide you with the name and address of the original creditor, if differcot from Ire corrent creditor. Very truly yours, JWP/AD 0001-0050 J.W. Preston Collection Manager ............................................. .C...r~...d..!~ Protection Asso~iatlon, L P. 13355 Noel Rd, Dallas TX 752~n FOLD, TEAR AND RETURN THIS PORTION WITH YOUR PAYMENT Brian Masciocchi 05-090368-29036840379-00 Extended viewing fees: $23.46 00592478312 10/18/2001 Remit to: Total amount due: $23.46 Amount Paid: . Ma~ler Blockbuster - 90368 5250 Carlisle Pike Mechanicsburg PA 17050-2431 h,,llh.,llh.,hhlh.,,hhh,h,lh.,llh. II Check One Credit Card Account Number: Exp. Date (Mo/Yr) SIGNATURE TTII-III [q-FTq Credit Protection Association, L.R 13355 Noel Rd., Dallas, TX 75240 CREDIT PROTECTION ASSOCIATION, L.P. A NATIONWIDE COLLECTION COMPANY NOTICE OF REPORT TO CREDIT BUREAUS' 10/12/2001 #BWNFMBY *"AUTO--MIXED AADC 752 0005448~'/280# I.,llI.Jih.,I,l,II, ,I,IIk, .ll,.i,l,di.,I,l,,dhl Brian MaSCiocchio 5865 Hillside Ln Mechanicsburg, PA 17050-2065 Acct # 01-0245t 5-8780120400016130-00 Be advised that we are in the process of requesting written authority to refer your name and address and the amount due of $261,76 to major national credit re_~ing bureaus with local offices throughout the United States. Since this could have a serious impact on your credit nationwide and may prevent you from obtaining credit for as long as seven (7) years, we are offering you one last chance to pay the balance of $261.76 before this serious action is taken. Only your full payment forwarded directly to us by 10/19/01 in the enclosed envelope will prevent the probable reporting of your past due account to these credit reporting agencies. PLEASE RETURN AT ONCE J~ Credit Protection Association, L.P. 13355 Noel Rd., Dallas, TX 75240 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO INSURE PROPER CREDIT, PLEASE DETACH AT PERFORATION AND RETURN WITH ~'~ffR-,~E-MTT'~ATV~.~ ....... ACCOUNT NUMBER 01-024515-8780120400016130-00 00544807280 I=r~an Masciocchio ¥¢ ;~ s~ ~ uC'~:Tn nW~c om m u .,cations L 10/12/2001 ~ $261.76 REMIT TO: 0006-0001 Remit to: (717) 846-4551 Susquehanna Communications Frmly York Cable Tv 1050E KJng St York PA 17403-1855 I-,III.,I,I.IIh,,.,II,,,,III,,I,,M,,M.II.I Credit Protection Association, L. P. 13355 Noel Rd. Dallas, TX 75240 fl,! II II]It]]Ili[IIH 01-024515-87'801204000161304)0 YOU ARE HEREBY NOTIFIED that unleSS you cause payment to be made to the Business Office of: Susquehanna Communications Frmly York Cable Tv 1050 E King St York PA t7403;-18-55 :(717) 846-4551 on or before the 24th day of Nov, 2001 or direct a check or mortey order in the amount of $261;76 to said credito[, ooStmarked not later than midnight Of that date, we' shall recommend to your creditor that CPA be given full authority to take all appropriate action to collect this account, 1(3 Credit Protecdo, Association, I,.R 13355 Noel Rd., Dallas, TX 75240 FOLD, TEAR AND RETURN THIS PORTION WITH YOUR PAYMENT 01-024515-8780120400016130-00 00544807280 Bdan Masciocchio Service balance: Equipment at: Total amount due: Amount paid: $111.76 $150.00 $261.76 11/05/2001 Remit to: Susquehanna Communications Frmly York Cable Tv 1050 E King St York PA 17403-1855 I,.llh.hh,llh..ll.,,lll.l.l,h,l,h,lh,I CREDIT PROTECTION ASSOCIATION, L.P. - A NATIONWIDE COLLECTION COMPANY - THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. #BWNFMBY ........ I~IXED AADC Al?0 ~00592478312# h,,llh,,llh,,,hhlh,,h,,ll Brian Mascioochi 5868hillside Ln Mechanicsburg, PA 17050 12/11/2001 RE: Your account with Blockbuster - 90368 Phone # 5250 Carlisle Pike (717) 795-8820 Mechaniesburg PA 17050-2431 Dear Brian Maseiocehi: 05-090368-29036840379-00 This is the third time we have contacted you on behalf of Blockbuster - 90368 regarding your overdue balance of $23.46. A review of our records reveals that you have: Refused to pay your outstanding debt. Repeatedly disrel~arded our past notices. Violated terms of membership agreement. Pursuant to the Fair Debt Collection Practices Act, the thirty (30) day validation period concerning the validi~ of your debt has now passed without you seeking to verify the debt. According to the laws govermng credit information, Credit Protection Association and Blockbuster can now take all appropriate steps permitted by law to collect this outstanding debt. S ' end your payment in full to prevent further collection efforts and avoid jeopardizing yonr rental privileges. JWP/AD 0003-0050 Very truly yours, ,4j. W. Preston ........................................................ .(~.d. RE~O.~.i.a.!!O~, L~..P. !33...5.5 Noel Rd ~ D~TX 75240 FOLD, TEAR AND RETURN THIS PORTION WITH YOUR PAYMENT Brian Masciocehi Extended viewing tees: $23.46 05-090368-29036840379-00 00592478312 12/11/2001 Remit to: Total amount due: $23.46 Amount Paid: Blockbuster - 90368 5250 Carlisle Pike Mechaniesburg PA 17050-2431 h,,llh,.llh,.hhll,..hhh,Mh..llh.ll credit Card Acc°unt Number: Exp. Date (Mo/Yr) SIGNATURE Credit ProteotionAssoeiation, k.g~ '13356 Noel Rd., Dallas, IX 75240 BRIAN MASCIOCCHI, Vo Plaintiff CREDIT PROTECTION ASSOC., L.P., And R.J. Simpson, President and J.W. Preston, Collection Manager, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : : : : No. 02-3509 NOTICE OF REMOVAL TO: THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TO: THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deanna Lynn Smith, Esquire 76 Greenmont Drive Enola, PA 17025 Defendants above named, by and through their counsel, MARSHALL, DENNEHEY, WARNER,COLEMAN AND GOGGIN, hereby notice their intention to remove the above- captioned litigation to this Honorable Court, and provide notice of such removal to counsel representing Plaintiff, and to the Prothonotary of the Court of Common Pleas of Cumberland County, and in support thereof assert the following: 1. This action appears to have been commenced by the filing of a Complaint on or about July 24, 2002, a true and correct copy of which is attached hereto and marked Exhibit "A". 2. Defendants were served with a copy of the Complaint at their offices in Houston, Texas, by regular mail, which was received on August 6, 2002. A true and correct copy of an interoffice memorandum regarding receipt of service is attached hereto and marked Exhibit "B". 3. The Complaint purports to set forth a cause of action under the Federal Debt Collection Practices Act, 15 U.S.C. §1692(a), et seq. 4. There are no pendent state claims. 5. No other pleadings have been filed in this action. 6. This Court has proper jurisdiction and venue over Plaintiffs claim. 7. This Notice of Removal has been filed within thirty (30) days after Defendants' receipt of Plaintiffs Complaint. 8. Written notice of the filing of this Notice has been provided to all parties in accordance with 28 U.S.C. § 1446(d) as reflected on the attached Certificate of Service. 9. Promptly following the filing of this Notice with the Court and upon receipt of a civil action number, a copy of this Notice of Removal will be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania pursuant to the applicable Federal Rules of Civil Procedure and 28 U.S.C. §1446(d). WHEREFORE, Defendants, Credit Protection Association, L.P., R.J. Simpson and J.W. Preston, request this Honorable Court to issue a civil action term and number and to take all steps necessary to effectuate and full and proper removal of this action from the Court of Common Pleas, Cumberland County, Pennsylvania. MARSHALL, DENNEHEY, WARNER, /SH a ON M. O'DOm,mLL, ESQ. / Attorney for Defendants 4~00 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 DATED: Exhibit A IN ~ COURT OF COMMON PLEAS CUMB£RLAND COUNTY, pENNSYLVANIA BRIAN MASCIOCCHI, Plaintiff, ¥. CREDIT PROTECT[ON ASSOC., L.P., And R. I. Simpson, President and I. W. Preston, Collection Manager JURY TRIAL DEMANDED COUNT I Surisdiction for this sction is ~se~ted pursuant to ~ Fair Dcbl Collection Practices Act, 15 U.S.C. §1692, et seq. ("FDCPA"), pnrtioularly 15 U.$,C, §1692k(d) and 28 U,9.C. §1337 ',..,-:' -..~ '' -- F'J ,I ', V~nue Ues ~ ~ ~Ui~ ~ ~,,~t to 28 U.S.C. 139I~). ~" .- ' .:-' :'*'~ .-' ~-.. ~ Pl~nfiffis ~ ~d~ ~ c~er ~s~t to li U S C 1692~6) -~ ~ ~fmd~ ~ ei~ ~&vid~s or ~i~ss enfi~(i,~) ~d in ~e busine~of ~ collecting debt~ within th~s Commonwenhh via letters end telephone calls, with its principal place of business located at 13355 Noel Road, Dallas, Texaz, 75240. Defendants arc d~bt collectors ~s defined by 15 U.S.C. §1692a(3), 6. Dcf-e~a_*,mt sent teuers to Plaintiff, dated October 12, 2001, O~mber 18, 200), November 5, 2001, and December 12, 2001. which are %ommunications" minting to a "debl." 15 u.s.c, §t692a(2)an 7. At all pcrtincnt t~m~s hcrcto, dafm~lants were hired to collect an alleged debt ~lating to a consumer transaction. (Hercinnft~ ~hc "alleged debt.'9 g. Defendant conununlcated with plaintiff on or after one year before the d:~te of this action, SO'd dt[:~O ZO-tZ-§nv in connection with collation efforts, by l~ters, t~l~phone con~act or other documents, with regard ~o plaintiflr s alleged debt. 9. Defendant's letters intentiongly cent~incd false, misleading, deceptive and confusmz stau:ments which violated thc FDCPA. 10, Degendant's 1criers made false threals in violation of the FDCPA. 11. Defendant's initial letter overshadowed the 30-day notice. 15 U.S.C. 1692(g). 12. Defeodn~t's letters mistept~ent the character and amount of thc allcl~d debt, hi violation of the FDCPA. 13. D~fendant's lett~'s failed to inform Plaingffof his rights und~ ~e FDCPA. 14. Defendant's let~rs were intentionally ~onfusin/, deceptive and misleading. 15. Defendant failed ~o inform Plaintiff that he is entitled to mnke pnrtial payments, in violation of 15 U.$.C. §1692h. 16. Defendant's letter was intended to intimidate and coerce Plnintiffinto paying the alleged debt. 17. Defendant's conduct rises to the level rrxluir~d for punitive damages due To the form and lan/u~e of its notice and the continuous and repetitive nntur~ of ~hc violations ~rtdcr FDCTA. I S. Ai a~l time peflinent heieto, the defendants were acting by and flnmlgh its agents, servant~ and/e~ employees, who were a~fing wiibin ~he scope and course of their ~mployraent, and under the direct supervision and control of the defendants basin. 19. At all times pertinent hereto, the conduct of the defendants as well as ~heir agents, secants, and/or employees, was malicious, i~tentionai, willful, tecidcss, n~l~lit~nt and in wanton disrelard for federal and stat~ law and the rights of the Piaimifl'he~in. 90'd d~:gO ZO-~Z-6n~ 20. Defendanls made fa]~c thi'cais of litiEa~ion in violation of thc FDCPA. 1 $ U.S.C. §1692e(5) and (10). 21. Defendant's letters were intentionally confosinl~ and deceptive, in violation of 15 U.S.C. §16~2~(51 and (10), §~692f(8) and §16921. 21l. As a result of each defendant's intan~ional false, misleading, confusinl~ and deceptive practices, Plaintiffsuffel~ and is entitled ~ damages for cmotiona| distress. 23. Defendants, in their colleciion efforts, violated thc FDCPA, Inr~- ~li~, Sections ! 692b, ¢, d, ¢, f, g, h, and/or n. 24. Defendants, in their collection cfi'om, used false or deceptive a~-ts and imended to oppress and harass ptni,,tiff. 25. That, as a ~sult of the wrongful tactics of defend-~ts as aforementioned, plaintiff has ~en subjected to anxiety, harassment, intimidation and annoyance for which WHEREFORE~ P1,,h,t/ff re. sl~ctfuHy ~equests that his Honorab]e Cour~ e~ter judgment on h~ behalf and against dd__,~__nnts and issue an Order: (A) Award Platnt/ff statutory dnmages in the mount of One Thousand Dollars ($1,000.00) for each vioP, iion of the FDCPA ot each s~:parat¢ and discrete incident in which defe~n,~ts have violated the Fi)CPA. K~sh~k v. Rarimn Valley ~ F. Supp. (D.N.J. May 2~, 1989), and Rabideau v. Ma~n_o~nt Ad_itlslm~nt Rurenu. ~05 F. S~p. 1056, 1095 (W.D.N.Y. 1992) Award Plsin~iff datnages for anxiety, harassment, nnd intimidation directed at him in an amount not less ~han Ten Thousand Dolhrs ($I0,000.00), ns well ns the rcpeli~iv~ nature of dt, fandants form lctten. £O'd dII:fO (C) Award Plain~iffcosts or,his litita~ion, includin~ a reasonable a~tomey's fee a~ a late of $250.00/hour for hours t~asonably cxp~nded by his a~tom~"ff in vindicaling his rlght~ under ~he FDCPA, petrnitzed by 15 U.S.C. §1692k(a)(3)- (D) Award Plaintiff damages for emotional dis~zss in an amoun~ of not lcss than Ten Thousand Dollnrs ($10,000.00). Award declaratory and injunaive relief, nnd such other relief as this Honorable Court d~ems necessary and proper or law or equity may provide. Dennna Lynn Smith La~,~,~ $. Rosen Attorneys for Plaintiff' 76 Greenmont Drive Enola, permsylvn~nln 17025 Tcl~honc 717-732-3750 Fax 717-725-94911 DLSMITHI. AWI~AOL.COM 80'd dII:§O ~O-I~=§n~ t~lfl~Ul'l' I"-IIU'I'ISU'I'IUIN /-k~Ut~l/t'l'iUIN, b.l-'. - A NATIONWIDE COLLECTION COMPANY - THIS I,,~ AN ATT~-I~ TO COLL_~? A DF..~T ~qO ANY IMFORMAT]ON OBTAINE0 WILL BE USED FOR THAT PURPOSE. tI~INNF MBY ....~-,-tmx~o al~: A171 I.JtI.JIi..I,i,ll,.h,JI B~i~n ML~io~hi Illlllllllllll 10/1W2001 Rli: your aceountwilh Bloekbusler.90~68 05-090~6~.L~036840379-00 Phonr # 5250 Carlisle Pike ('717)795-8820 lVledmniosbur~PA 17050-2431 l')gar Brian Ma,v:k~hi: The moords oF ~tsi t~nsacdofls ~om Blockbuslet iratic~t¢ IbM your s_ccounl in the amount or' $23.46 is serio~ly ,,~,t duc Tim Fab- De, bi Colle~lion Practice, Act re:q. ?ims, that.,we, as t?= de..b~.?ll??.??rm you Iha~.: within thid'y days al1~r r~oi~ olr this iniliil no~, aLs, pure ~e .v. al~y.o.l _,~e ,?e .oL ? the debt will b~ a~sumed valid by Ihe debt?oll.ecec ?. yo..u not,iX C.~¢ ~ co!.ek'~?r m._wn?& ~m.~ Ihir~-day period Ibm! the. d.cbt, or any,oomofl the?l,.?..~!~uma,.t? c~el~C.eO},l.~l~'._?.l_l o~i~.ll of the dcb! or a cop!(_~ o£judsmenl qams! )?u_ eno mau ~t .m .y~.u. u~uest.ea, m,wn,~.8 ~!~-'-~-~[1~ thc dcbt collector ~v~l! also p~ovidc you ~lt~ the name and adclZCSS ozme original cr~aor, ~[omcr m lmm lite etllTel~l creditor. Vea7 tab, yours, ,I'WP/~ O001.G050 ul, W. Pmslon Collecdon Manager .................................................... C_...~_!&~.~.,.L..!. ] ~._~L.~----.~.!.X-...?..~-- ...~. - ................................. Brian Mascioechi Exlendod ~icwing $23.46 05.090368-2~036840379-00 0059'2.4781112 10/l $!200l Remit 1o: Total amount du~.. Amouut Paid: ~ [] ,-- [] Bloekbusk~r - 90368 $23.46 52 ~ C _~lislc Pike Med~niabu~ PA 17050-2431 , I,.ItI,,JII,.,I, IJL,,.I,I,L,I.II..III,,,II [ I t I I ! I I I I l_J i I I I I I I I i ]~.,,.~ ~,.A'ediJ Pfo~qon~:~, LI~. ~_'~q~_ NC~I Rd., §O'd dZI ;§0 ZO- T~-§nv NOTICE OF REPORT TO CREDIT BUREAUS' I 0/1 ~2001 I,.lll.,lll,,.Id,ll.,,.IJll..ll.dd,,Ih.l,h.!i,I Brian Ma~bcetdo ." 5~65 HlUslde U~ IdechacacsburO. PA 17060-2065 Acct# 01-024~1'5-8~801 ~0400016130..00 illlilllllllll Be advised .q~bi we are in the process or requesting vvritten.a4JthodLy'to refer your nirne and address the Um'~d Stales. Since Ibis could have a serious Imlmet m ~.r. ch~dit' ~Mk, m~le e~i may Ix'~ven~ you from credit f(~ as long as seven (7) years, we ire oRefing you one Fast chance lo I:my lhe balance of $261.76 before thi~ ~emus action is teke~. Only your full Feyment fonNarded directly to'u~ by T0/19/01 in the enck3sed envelope will tm'event the ~hte reporting of your past due eccouM t,, t~e~ credit mpodh~9 agencies. PLEASE RETURN AT ONCE ,,,,, ~ Cmditl~otectlonAnodatioa. L.K 133SSNo~Rd., Mos, T~ ?~:~4~ TM$ iS _AN. ATIEI~T TO U'OfI.ECT d OE~T ~ A~/'/ INFORMA._T~__~_.T._~_I'~...M_.(/__~..D__~___f'I'~,4__T__P~__I~_ .... ACCOUNT NUMBER 000643001 REM~ TO:. 01.024515-6T90120400016130-00 Remit to: (?tT) S46-4551 Credit Pmlecflon AssocJatkm, L. P, 133~S Noel Rd Daih~, TX 7S240 OT'd dZT:~O EO-TZ-§nv I~.?,..'~ ~.. '.,~..?i.~...~_.~,~:. '~....~. :....-'..'.... :.. ;... * . .... . ..... ,~.,.., .... . ,. . : . . .... · .. :; :-~ .. *- ; . ~ '* .- .... ...... . . . ..... . ~,..,:..., . . ; ..- ..* ........ . ~.- 01-0245t 5-8780120400016130-00 00S44807280 Bdan MaSClOcchio Service balance: Equlpmem at: Total arrmunt due: $111 $150.00 S2S1 .T~ 11/~/2001 Retail to; Susquehenn~ Communicelions Frrrdy Yo~k Caln4e Tv 1050 E Killg ~t York PA 17403-1855 I.,lll,.I,l,,lll,,,.ll,.,lll,,I,,hl,,I.l,,Ih,I T['d dET:GO ZO-TE-§nv YHI~ I$ AN ATTEMPT TO COLLliCT A DEeT AND ANY'INFOLRMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MIIIIIIIII 12/11~200! RE: Your a~count %vilh Bl~u~trr- 90368 05.090368-29036140379-0D Phone # 5250 CadirJe ~ LTl?) 795-8820 Medumicabur8 PA 17050243] Delu' Brian Mucioechi: This is the third Um we have conm¢~a_ ~ on behlli'ot'lBl?kbusler - 90368 regarding your ov~u~ balance otr~23.a6, A mvie. v efour records reveals that you taw: Refused ~o I~Y ~ur outstanding debt. Ropea~dty disrcg~d~d .ur ~st V'mlalcd terms olr membership aE, rccmcnL Ptsnu~nt to ~¢ Fair Debt Oollcctlon Practices ~1, ~e thi~ (30) day valida~ ~,~ ~n~& ~idi~ offer ~bt ~ now ~ wi~out ~u ~n~ ~ ~6~ thc ~bt. A~i~ to Ihe Bo~min8 cr~t infomart, C~ P~ ~lMlon ~ ~ster ~n n~ ta~ np~rit(e s~ ~ by I~ m ~t thb ou~ing ~ ~ ~r pa~en; in Init to p~vmt ~cr ~tion eK~ a~ a~id j~patdiz~g your refill J'WP/AD OOO3-OO50 Very uuly J, W. Predon FOLD, 1Tra.q MID RETdl~ THll PMrnMl WITH YOUR PAYMENT Brian Maseieechi F-x~ended viewing rce~: S23.46 05-090368-290368403?9-00 0059247&312 12/11/2001 Remit to: Tota] amount due: $23.46 Amount Paid: , , ,I BIo~kbustm - 90368 Mechanicsbu~ PA 17050-2431 I.,.llh.lllm,ld,ll..dd,l.l,,ll..m,.l] C~IclIIPI~]~c~ii~..LP. 13~No~lJ~d,, DMIa~'TX Z52dO g'E'd dgI ;fO tO- Ig-§nv Exhibit B FAX COVER LETTER fi, om CREDIT PROTECTION ASSOCIATION, L.P. P. O. Box 802068 Dallas, Texas 75380 (9?2) 233.9614 fax (972) $S$-9601 TO: M~qkad Lore FAX NUMBER: FROM: Sue 6Rbert SUBJECT: Brian Maseioecki Enclcscd is a lawsuit rcc, civcd ht our office on Ibc abovc account. Plcasc respond to th~n as soon as possible. Thank you. '7 ~O'd dOI:~O ~O-IZ-§nv BRIAN MASCIOCCHI, Plaintiff Vo CREDIT PROTECTION ASSOCIATION, L.P., R. J. SIMPSON, President and J. W. PRESTON, Collection Manager, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3509 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thi .s~ day of August, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Curt Long, Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 Deanna Lynn Smith, Esquire Lawrence J. Rosen, Esquire 76 Greenmont Drive Enola, PA 17025 Jo~ M. Parr BRIAN MASCIOCCHI, Vo Plaintiff CREDIT PROTECTION ASSOC., L.P., And R.J. Simpson, President and J.W. Preston, Collection Manager, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY gIVIL ACTION- LAW y I~[A~ DEM~]~ ~ ; ; : No. 02-3509 NOTICE OF REMOVAL HARRISBURG, PA MARY E. D'A~ERK Per DepUty ~l~k '; TO: THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TO: THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deanna Lynn Smith, Esquire 76 Greenmont Drive Enola, PA 17025 Defendants above named, by and through their counsel, MARSHALL, DENNEHEY, WARNER,COLEMAN AND GOGGIN, hereby notice their intention to remove the above- captioned litigation to this Honorable Court, and provide notice of such removal to counsel representing Plaintiff, and to the Prothonotary of the Court of Common Pleas of Cumberland County, and in support thereof assert the following: 1. This action appears to have been commenced by the filing of a Complaint on or about July 24, 2002, a tree and correct copy of which is attached hereto and marked Exhibit "A'. 2. Defendants were served with a copy of the Complaint at their offices in Houston, Texas, by regular mail, which was received on August 6, 2002. A tree and correct copy of an interoffice memorandum regarding receipt of service is attached hereto and marked Exhibit "B". 3. The Complaint purports to set forth a cause of action under the Federal Debt Collection Practices Act, 15 U.S.C. §1692(a), et seq. 4. There are no pendent state claims. 5. No other pleadings have been filed in this action. 6. This Court has proper jurisdiction and venue over Plaintiff's claim. 7. This Notice of Removal has been filed within thirty (30) days after Defendants' receipt of Plaintiffs Complaint. 8. Written notice of the filing of this Notice has been provided to all parties in accordance with 28 U.S.C. § 1446(d) as reflected on the attached Certificate of Service. 9. Promptly following the filing of this Notice with the Court and upon receipt of a civil action number, a copy of this Notice of Removal will be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania pursuant to the applicable Federal Rules of Civil Procedure and 28 U.S.C. §1446(d). WHEREFORE, Defendants, Credit Protection Association, L.P., R.J. Simpson and J.W. Preston, request this Honorable Court to issue a civil action term and number and to take all steps necessary to effectuate and full and proper removal of this action from the Court of Common Pleas, Cumberland County, Pennsylvania. MARSHALL, DENNEHEY, WARNER, AND GOGGIN · J /SHARON M. O'DO ,mLL, ESQ. / Attorney for Defendants 4g00 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 DATED: ~-'~\t:~k.~ Yb~l Exhibit A THE COURT OF COMMON PLEAS CUMBI~RLAND COUNTY, PI~NNSYLYANIA BRIAN MASCIOCCHI, Plaintiff, ¥. CREDIT PROTECTION ASSOC., L.P., And R. ii. Simpson, President and J. W. Preston, Collection Manage~ Def~dants, No-: JURY TRIAL DEM.~lqDED COUNT 1 1. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.5.C. §1692, et seq. ("FDCPA'9, particularly 15 U.S.C. §1692k(d) ~nd 28 U.S.C. §1337 ~" ' ;-~'~ k;, ' · r- Venue hes in this Distric~ pul~xxant to 28 U.$.C. 139i(b), ~,:.-: .:., ..-.: --.-~ .- -~, Plaintiff is an individual and consumer pur$,,9~t to 1 Def~danm ~ eitl~ individn~l~ ~ basin,ss collccti~g debts within this Commonwenhh via letters and telephone calls, with its principal place of business located at 13355 Noel Road, Dallas, Texas, 75240. 5. Defendaat~ are debt collectors as defined by 15 U.S.C. § 1692a(]). 6. Defendant sent }euers to Plaintiff, dated October 12, 2001, October 18, 2001, November 2001, and December 12, 2001. which are "communicalions" relating to a "debt." u.s.c. §1692aC2)and At all pc/tincnt times hereto, defendants were ]~ted to collect an alleged debt relating to a consumer transaction. (Hereinafter thc "allcged debt.") Defendallt corn~unicated with plainiiff on or after one year before the date of this action, dI~;~O ZO-IZ-§n~ in connection wilh collection efforts, by letters, lelephone con~act or other docurnen~s, with regard to plaintifi's alleged debt. 9. Defendant's letters intentionally contained false, misleading, deceptive and confusing statements which violaw, d thc FDCPA. 10. Defendant's letters made false 0trea~ in violation or,he FDCPA. I1. Defendant's initial letter overshadowed the 30-dayllotice. 15 U.S.C. 1692(g). 12. Defendant's lctlcrs misrepresent the character and amount of th~ alleged debt, hi violation of~h~ FDCPA. 13. Defendant's letters failed to inform Plainliffof his fights under ~he I;DCPA. 14. Defendant's lct~rs were intentionally confusing, deceptive and misleading. 15. Defendan! failed to inform Plaintiff that he is entitled to make partial payments, in violation of 15 U.S.C. §1692h. 16. Defendam's letter was intended to intimidate and coerce Plaintiff into paying the alleged debt. 17. Defendant's conduct ris~s to the level t~luit~d for punitive damages due to the form and langual~e of its notice and the continuous and rc-petitive natur~ o£~he violations under lhe FI)CPA. I g. At all time pertinent ben, to, the defendants wer~ acting by ap, d through ha agents, servants and/or employees, who were acting within ~he scope and cottr~e of their employment, and under the direct supervision and con~'ol of the defenda,~ts he~in. 19. At all limes periinent hereto, the conduct of ~e defendants as well as their agents, servants, and/or employees, was malicious, intentional, willful, reckler, s, n~l~ligenl and in wanton disregard for federal and stat~ law and the right~ of the Plaimift'he~in. 90'd dlI;§O · 20. Defeadn_r~s made fa]sc threats of litigation ia violation of the I:DCPA. l ~ U.S.C, §1t92e(5) and (10). 2 l- Deftndant'$ letters w~tc ietenfionalIy confusing and deceptive, in violat/on of 1 ~ U,S,C, §1692c(5) anti (10), §1692f(8) and §1692j, 22. As a r~sult of each defendant's intentional false, misleading, confusing and deceplive practiccs, Plaintiff sufl'ered md is entitled xo damages for ~notional distres.~. 23. I~fe~_~_,~ts, in their collection efforts, violated the FDCPA, Inter alia, Sections 1692b, ¢, d, e, f, g, h, and/or n. 24. Defendants. in their collection efforts, used false or deceptive n~ts and imended to opp~ss and hara.~ plaintiff. 25. That, as a msuh of the wrongfi~l tactics of defendants as aforementioned, plaintiff has been subjected Io anxiety, harassment, intimidation and annoyance for which compens~on b WHEREFOREs Plaintiff respectfully xequ~sts that his Honorable Court enter judgment on her behalf and agains~ defendants and issue an (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of tho FDCPA or each separate and discrete incident in which defer~4tnts have violated the FDCPA. ]Cashak v, ~,afimn Valley _Collection A_eency, F. Supp. (D.N.J. May 23, 1989), and Rabideau v. M_ an _n~ement Adjusunent Rutenu_ 805 F. Supp. 1086, 1095 (W.D.N.Y. 1992) Award Plaintiff damages for anxiety, harassmmt, and intimidation directed at him in an amount not less thnn Ten Tho~_~_~d Dollar~ ($I0,000.00), u well ns the repetitiv, namxe of dd'endants form letteas. dII:§O ~O-I~-§n~ (C) Award Plaintiffcosts of this litigation, including a ~easonable anorney's fec a! a rate of ~'250.00/hour for horus t~asonably cxp~ded by his auomey in vindicating his rights m~dcr the FDCPA, permitted by 1 $ U.S.C- § 1692k(a)(3 ). (D) Award Plainliffdamagcs for cmo~ional d/stress in a.n amount ofnot ks~ than Tcn 'l~nousand Dollars ($10,000.00). Award declaralo~, and injunclJve relief, a~d such other relief as this Honorable Court deems necessa~ and proper or ]aw or equity may provide. Dated: 7/22/02 Deanna Lynn Smith Law~n~ ~I. Rosen Attomc~ds for Plaintiff 76 Crreenmont Drive Enola, Permsylw,~in 17025 Tclc-phonc 717-732-3750 Fax 717-7211-94911 DLSIVlITIqLA W~AOL.COM - A NATIONWIDE COLLECTION COMPANY - THIS IS AN ATTEMPT TO COLLECT A DEBT ~ID ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IIIIIIIIiiiiiii 0/18~2001 ILE: Your account with Biocktmsler - 903611 Plxmr it 5250 Carlisle Pike (717) 795-8820 Mechanicsburg PA 17050-2431 0~-090~68-29036840379-00 Dear Bdan Maseioeohi: The records of trots1 transactions from Blockbualet iedicstc Ihat your accounl in thc amotmr of S23.46 is seriously pa,t duc 'l'l~ Fair Dcbl Collection Practices Act requfl'~s that we, as thc debt collector., inform you that: unless you, within thi~/days after r~eil~, of this inili~ notice, dispum Iht validily of'the debt, or any portion thoreol~ the debt vail lac assumed valid by lhe debt collector. ,If you notify thc debt collector in vailing within the Ihirly-day period ~hat the drift, or any portion thcreol, is disputed, the debt eo~lecto~ will obtain v~riFa:ation o1' lhe dc, bt or a col~/ofjudgmen! asalnst )~ou and mail it to you. lf~equested in writin8 within thklydays, Iht debt collector will also provide you with the name and add~¢ss Df thc original creditor, ifditTereul from Ihe eta're,i! creditor. Ve~7 lmb/rout,, JWP/AD 0001.4~050 ~JJ. W. Ptealon Brian Mascioechi 0~-090368-29036840379-00 Exlend~ ~¢wing f~-~: S23,46 00592478~12 10/1 &~200l Remk to: Tola] amount du~. $23.46 Amouut Paid: , , ~fl~d~ ~,eJ~ J~:eol~ NMmbr. Blockbuster - 90368 52~0 Carlisle Pike Mechaniesburs pA 170~0-2431 I,,dlI.JIl,.,I,l,lL..I,l,l,,I,dl.,,lll.,ll IIIll_lillll llllt BO'd dZI:50 NOTICE OF REPORT TO CREDIT BUREAUS' h .lll.,,lll.,~;~ll.,,,.I.IIh.,ll,,,hhdl,,,I,l,,,!i,I Brian Ma~,e!_ _~-.hk) ." 5865 Hillside I.n Me, chardcsbl~g. PA 17050-2065 Acct# 01-024515'8780t 20400016130-00 IIIlilllllllll Be advised .U~.' t we ~re in tha process or reques~ng written.authority'to refer your n~me and address end the amount due.o~ $261,70 I~ r~mjor dark,'credit' kei~lng bureaus with local olfice~ throughout the Un(ted Stales. Since this could have a serious Impa~t on y~u.r..ci~dit'neuom~.. .. . a~l may prevent you From obtaining credit ~or as long as seven (7) yaars, we ara ~rering y~u o~e ~ast chance Io ~ the balance of $2~1.76 before Thi~ ~erious action is taken. Only your full payment forwar~.T~ directly tO'tm by !0/19/01 in the enclosed envelope will i:~event the probable rapordng of your past due acceunl~ to the~.,e om<fit mpoffh~g agencies. PLEASE RETURN AT ONCE ,,, ~ C:rtdit [~rodcctlenAnocblio~ l. IP. I~ No~ ~ Zhdlas, l'X ?9240 ACCOUNTNUMBER 01-02451.5-678012040001613000 ~ TO: 000(~0001 Remit to: (717) 846-4~t Credit Protection Associatlmt, L. P. 13355 Noel Rd Dalhs, TX 75240 O['d dZ[:§O Crodit Prol~-tk~ A.~,,~o~int;on, LP. ]~355 NMI Rd., D'alias, TX 75240 FOKD, ~ AND mmtel'URN THIS PDnnON WITN Y~OR PAYMENT 01-0245t,,6-678{)1~:)4000161~ 11~/2001 00S44807280 : SerVice balance: $111.76 R~mil to; Ecp,dl~'~rd at: $150.~ T~ml a~ ~e: S261 .~ Am~ ~id: ,~ TT'd dZT:SO ?HI~ I$ AN Al'TEMPT TO CO4.1~CT & DEBT ~O &NY'INFORMATION O~TAINED WILL BE USED FOR THAT PURPOSE, mlll lllllll 12/tl/200! RE; Your Kcountsdth Bloc]~bustcr- 90368 05.090368-2~036840379-0D Phone ~ 5250 Carrie ~ {719) 795-8820 ~ani~bu~ PA 1905~243 l ~ B6an ~i~: This is ~ ~ird fi~ we have ~n~ ~ on ~alfofBl~kbustcr - ~368 ~ga~ing your ov~d~ Refused ~ I~Y ~xtr outstanding debt. Rcpml~dty disregard~ our ~st ~mla~d t~s ~m~mhip ap~[ ~u~t ~ thc Fair ~ ~l~on ~nc~ ~i, ~e thi~ (30) day valida~oo ~fi~ con~m~ ~idi~ of your ~bt h~ now ~ wi~ut ~u ~nB to ~fify thc debt. A~Ming t~the governing c~;t infomart, C~ Pm~ ~i=tlon ~ ~ster ~n n~ ta~ all np~itte s~ ~t~ by law to ~t thb o.~ts~in~ debt, ~d ~r pa~cm in [~11 ~ pmvmt ~cr ~l~linn e~ and s~id j~psrdiz~ your rcn~! JWP[~ 0003-~050 Very :rely you~, .................................................... ,~.mltt.t~0~ ~~.~L[3,:~ .~ .e~._~J.~_.. _t~s~.I~,, 7.~.4..o_ ........................................... FOLD. TEAR AND ~ THt~ I'MVTION WI1N VOU~ PAYMENT Brim) Maseiocchi Ex~ended viewing tee. m: $23.46 05-0~036~-29036840379-00 0059247S312 12/11/2001 Remit ToM amount duc: $23.46 Amount Paid: Blockbuster - 90368 S~_~O Cattide Pike MecJumicsbmlt PA 170502431 L,JIi,.III.,,M~B,..I,LM.II,,.IIL.ll .llll]' I..]'-] I I I'1-[ I I I I [ C.m~t Pm~;fion ~..L~ t3__~_ Noel Rd.. Dar, as. *tx T~240 d~[:cJO ~O- [~-§nV Exhibit B ~om ~ ~ c~v;r t'~OT~.CrZO/VASSOCtAr~O~ ~.r. ~ P. O. Box 802068 m ] f~ (972) 385-9601 m ~ ~ ~: Michel Lore ~ ~' F~ ~MBER: ~ .~ ~ ~-closcd is a ~wsuit r~iv~ at o~ o~c~ on ~ ~o~ .~unc Pl~ rexona to ~m ~ ~ BRIAN MASCIOCCHI, Plaintiff Vo CREDIT PROTECTION ASSOCIATION, L.P., R. J. SIMPSON, President and J. W. PRESTON, Collection Manager, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3509 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thi .s:-~ day of August, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Curt Long, Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 Deanna Lynn Smith, Esquire Lawrence J. Rosen, Esquire 76 Greenmont Drive Enola, PA 17025 Jo~_~ M. Parr BRIAN MASCIOCCHI, Plaintiff IN THE UNITED STATES DISTRCT COURT MIDDLE DISTRICT OF PENNSYLVANIA CREDIT PROTECTION ASSOCIATION, L.P., R:: J. SIMPSON, President and J. W. PRESTON, Collection Manager, Defendants HONORABLE JAMES F. McCLURE NO.: 4:CV 02-1534 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of September, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Deanna Lynn Smith, Esquire Lawrence J. Rosen, Esquire 76, Greenmont Drive [fi'ola, PA 17025