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Home My WebLink About07-046907 - ~'~~~ ~tvi,~~~iL ~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Thomas Tudor Greenmont Drive Enola, PA 17025 Law Offices of Ross Gelfand, LLC and Ross Gelfand 1265 Minhette Drive Suite 150 Roswell, GA 30075 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 forwarded 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: 1/19/07 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HA /HAVE COMMENCED AN ACTION AGAINST YOU. Pr honotary Dated: ~ '1 By: Deputy ~.Y~ ~ ~ s--' ~~ ~ R~ F'' ~„ Y , x ... ~;~, ~ :~ ~~ N ~ r J `-; ~_ -F-a - Tt~?_ .~" L~ r r7 C :? :~j Cv "~. V ~~~p IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Thomas Tudor, ) Plaintiff, ) Civil Action No. 07-469 COMPLAINT AND DEMAND v, ) FOR JURY TRIAL Law Offices of Ross Gelfand, LLC, and ) Ross Gelfand, an individual ) Defendants. 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, PA 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 o en persona o por abogado y archivar en la Corte en forma excrita sus defensas o sus objectiones a las demande, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO iMMEDTATAMENTE. SI NO TIEPdE ABOGAD00 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Thomas Tudor, Plaintiff, v. Civil Action No. 07-469 COMPLAINT AND DEMAND FOR JURY TRIAL Law Offices of Ross Gelfand, LLC, and Ross Gelfand, an individual Defendants. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to I S U.S.C. § 1692a(3). 2. Defendant Law Offices of Ross Gelfand, LLC., (hereinafter Law Office) is a business entity(ies) engaged in the business of collecting consumer debts in this Commonwealth with its principal place of business located at 1265 Minhette Drive, Suite 150, Roswell, Georgia, 30075. 3. Defendant, Mr. Ross Gelfand, is an individual attorney and is engaged in the business of collecting consumer debts in this Commonwealth, with its principal place of business located at 1265 Minhette Drive, Suite 150, Roswell, Georgia, 30075. 4. On or about December 2006 and January 2007, Defendants contacted Plaintiff by U.S. Mail andlor telephone calls in an attempt to collect an alleged consumer debt. 5. Defendants are debt collectors as defined by the state law and the FDCPA. 15 U.S.C. 11692a(6). 6. Defendants sent letters and/or made telephone calls to Plaintiff in December 2006 and January 2007, which are "communications" relating to a "debt" asdefined by 15 U.S.C. 11692a(2). 7. At all pertinent times hereto, the defendants were collecting an alleged debt relating to a consumer transaction, pursuant to 15 U.S.C. § 1692a(5). (Hereinafter the "alleged debt.") 8. Defendants 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. 9. Plaintiff believes and therefore avers that the letters of the Defendants contained false, misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of Defendants, in its telephone communications made false, misleading, deceptive and/or confusing statements. 11. Plaintiff believes and therefore avers that agents of Defendants, in its telephone communications, were rude, beligerent, insulting and harassing to the Plaintiff. 12. Plaintiff disputes the alleged debt and hereby requests proof of the manner in which the alleged debt was calculated, as is required by state and federal law. 13. Defendant Law Firm and Gelfand are not licensed to practice law in Pennsylvania. 14. Plaintiff believes and therefore avers that Defendants uses its position and title as attorneys in order to add heightened urgency and intimidation to its collection practices. 15. Defendants use their attorney status to make false, misleading and/or deceptive representation and/or implications that it has authority to take legal action in Pennsylvania. 16. Defendants failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania. 17. Consumers are hurt by these tactics. COUNT I -PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 18. Plaintiff hereby incorporates the foregoing as if fully stated herein. 19. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 20. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 21. That defendants 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 of 37 Pa.Code §§303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. §201-2(4). 22. Defendants' 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. 23. 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 respectfully requests that this Honorable Court issue judgment on Plaintiff's behalf and against defendants for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. COUNT II -PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 24. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 25. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et seq. 26. That defendants engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 27. 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 respectfully requests that this Honorable Court issue judgment on Plaintiffs behalf and against defendants for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. §201-902. COUNT III -FAIR DEBT COLLECTION PRACTICES ACT 28. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 29. 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. 30. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 31. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. §1692n. 32. Plaintiff believes and therefore avers that defendants do not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to18 Pa.C.S. §7311(a)(1) and (2). 33. 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. 18 Pa.C.S. §73112(b)(1). 34. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. § 1692n. Defendants violated this section of the FDCPA. 35. Plaintiff believes and therefore avers that defendants added interest, fees and costs in violation of state and federal law. 36. Defendants in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.C. ~1692f(1) and 1692e(2)A and B. 37. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendants or any of its agents. 38. The Defendants violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiff s prior consent. 39. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 40. The Defendants violated 15 U.S.C. § 1692c(c) by contacting the Plaintiff after the Plaintiff had requested the Defendants cease communication with the Plaintiff. 41. The FDCPA states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U.S.C. §1692f. Defendants violated this section of the FDCPA. 42. The FDCPA states, a debt collector may not use false, deceptive or misleading representation or means in connection with the collection of any debt. 15 U.S.C. § 1692e(5) and (10), § 1692f(8) and § 1692j. Defendants violated these sections of the FDCPA. 43. The FDCPA states, a debt collector may not discuss the consumers alleged debt with a third party. The Defendants violated this section of the FDCPA. 44. The FDCPA states, a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. 15 U.S.C. ~ 1692d. Defendants violated this section of the FDCPA. 45. The FDCPA provides certain rights to the consumer regarding his/ her right to dispute the alleged debt, 15 U.S.C. §1692g. Defendants violated this section of the FDCPA. 46. 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. § 1692e(5), 15 U.S.C. § 1692e(10). 47. Courts have held that the threat of litigation is present simply because the letter comes from an attorney; the letter need not explicitly threaten suit. Crossley v. Lieberman, 868 F.2d 566 (3d Cir. 1989). United States v Central Adjustment Bureau, 667 F. Supp. 370, 397 (N.D. Tex. 1986). 48. An attorney's interstate collection contacts must avoid misrepresenting the attorney's authority to sue where he or she is not admitted to practice. Crossley v. Lieberman, 868 F 2d 566 (3d Cir. 1989). 49. Defendants' contacts would easily confuse the least sophisticated consumer and cause the consumer to falsely believe that he/she could be sued in anout-of--state court. Rosa v. Gaynor, 704 F. Supp. 1 (D. Conn. 1989). 50. At all 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. 51. At all times pertinent hereto, the conduct of 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 Plaintiff herein. 52. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 53. Defendants, in its collection efforts, violated the FDCPA, inter aliu, Sections 1692, b, c, d, e, f, g, h, and/or n. 54. Defendants, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 55. 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 defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FDCPA or each separate and discrete incident in which defendants have violated the FDCPA. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $350.00/hour for hours reasonably expended Plaintiff's attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. ~ 1692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this 1-tonorable Court deems necessary and proper or law or equity may provide. COUNT IV -FAIR CREDIT REPORTING ACT 56. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 57. The Fair Credit Reporting at, 15 U.S.C. §1681b prohibits the improper use of a consumer's credit information. a r - 58. Plaintiff believes and therefore avers that the defendants reported false, misleading and/or inaccurate information on Plaintiff s credit report, without first validating the alleged debt. 59. Plaintiff believes and therefore avers that the defendants reviewed Plaintiffs credit report without proper authority or assignment of the alleged debt. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff and against defendant sand issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FCRA or each separate and discrete incident in which defendants have violated the FCRA. 15 U.S.C. § 1681 n(a)(1)(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. C) 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 FDCPA, per fitted by 15 U.S.C. § 1681n(3)C). Dated:2/ 1 /07 By: /s/D n •acco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com r a Q~ C? ~~ K ~ R1 ^.Y^` l \ ~~ ~ in!"" W _i ; 1 . _. ~-1 y,r• . ~ _ P ,~ ~ ~1 ~ f s L ~ ~ . G ,r,.Fj _ .~. ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Thomas Tudor, Plaintiff, v. Civil Action No. 07-469 COMPLAINT AND DEMAND FOR JURY TRIAL Law Offices of Ross Gelfand, LLC, and Ross Gelfand, an individual Defendants. PRAECIPE TO DISCONTINUE/WITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter, with prejudice as the parties have amicably settled their dispute. This case should be discontinued and you may mark this case CLOSED. Respectfully submitted, Dated: 5/7/07 Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 717-732-3750 Certificate of Service: I hereby certify that I served, via hand delivery, a copy of the forgoing, on the defendant as follows: Robert D. Kodak, Esquire Kodak & Imblum, P.C. 407 North Front Street Harrisburg, PA 17108 Dated: 5/7/07 Deanna Lynn Saracco ~ "`' L-;? ~ y _~_ ...."' J t' .} d