Kromelbein v. Envision Payment Solutions, Inc.

Filing 47

ORDER (memorandum filed previously as separate docket entry),1.) The motion for summary judgment, (Doc. No. 18), is GRANTED IN PART and DENIED IN PART. 2.)The motion for summary judgment on plaintiffs 15 U.S.C. §1692d claims will be DENIED.3.) T he motion seeking dismissal of plaintiffs claims under 15 U.S.C. §1692e will be GRANTED as to the claims concerning the failure to identify the original creditor and the false statement that plaintiffs drivers license was recorded but DENIED as to the claims that plaintiffs check writing could be affected and the statement that civil and criminal actions could be filed against plaintiff. 4.)The motion for summary judgment on plaintiffs 15 U.S.C. §1692f claim will be GRANTED. 5.)The mot ion for summary judgment on plaintiffs 15 U.S.C. §1692g(a) claim will be DENIED. 6.)The motion for summary judgment on plaintiffs 15 U.S.C. §1692g(b) claim will be GRANTED. Motions terminated: 18 Signed by Honorable Malachy E Mannion on 8/1/13. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA HAROLD LEE KROMELBEIN, : Plaintiff, : Civil Action No. 3:11-CV-1598 v. : ENVISION PAYMENT SOLUTIONS, INC., : (JUDGE MANNION) : Defendants. ORDER IT IS HEREBY ORDERED: 1.) The motion for summary judgment, (Doc. No. 18), is GRANTED IN PART and DENIED IN PART. 2.) The motion for summary judgment on plaintiff’s 15 U.S.C. §1692d claims will be DENIED. 3.) The motion seeking dismissal of plaintiff’s claims under 15 U.S.C. §1692e will be GRANTED as to the claims concerning the failure to identify the original creditor and the false statement that plaintiff’s driver’s license was recorded but DENIED as to the claims that plaintiff’s check writing could be affected and the statement that civil and criminal actions could be filed against plaintiff. 4.) The motion for summary judgment on plaintiff’s 15 U.S.C. §1692f claim will be GRANTED. 5.) The motion for summary judgment on plaintiff’s 15 U.S.C. §1692g(a) claim will be DENIED. 6.) The motion for summary judgment on plaintiff’s 15 U.S.C. §1692g(b) claim will be GRANTED. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge DATE: August 1, 2013 O:\Mannion\shared\MEMORANDA - DJ\2011 MEMORANDA\11-1598-01-ORDER.wpd 2

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