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Home My WebLink About07-0805 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Joshua Krevsky Green Street Enola, PA 17025 United Collection Bureau 5620 Southwick Boulevazd, Suite 206 Toledo, Ohio, 42614. Plaintiffs) & 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 forwazded to (X) Attorney ()Sheriff. Deanna Lynn Sazacco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SazaccoLaw@aol.com Signature of Attorney Dated: 2/7/07 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PL TIFF(S) H SHAVE COMMENCED AN ACTION AGAINST YOU. Pro onotary Dated: By: Deputy ~ ,~ f- ~ ~ W N ~ r.7 ~i 1~ --` ~.-' f _ - n --~ T,y r„ ~-= _~ ,, ~> ~ r; :~ ~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Joshua Krevsky, ) Plaintiff, ) Civil Action No. 07-805 COMPLAINT AND DEMAND v. ) FOR JURY TRIAL United Collection Bureau, ) Defendant. ) 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 IMMEDIATAMENTE. SI NO TIENE 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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA Joshua Krevsky, Plaintiff, v. Civil Action No. 07-805 COMPLAINT AND DEMAND FOR JURY TRIAL United Collection Bureau, Defendant. COMPLAINT 1. 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. 2. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 3. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.C. §1692a(3). 4. Defendant is a business entity(ies) engaged in the business of collecting consumer debts in this Commonwealth with its principal place of business located at 5620 Southwick Boulevard, Suite 206, Toledo, Ohio, 42614. S. On or about December 2006 and January 2007, Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 6. Defendant is a debt collector as defined by the state law and the FDCPA. l5 U.S.C. 11692a(6). 7. Defendant sent letters and/or made telephone calls to Plaintiff in December 2006 and January 2007, which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2). 8. At all pertinent times hereto, the defendant was collecting an alleged debt relating to a consumer transaction, pursuant to 15 U.S.C. § 1692a(5). (Hereinafter the "alleged debt.") 9. 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. 10. Plaintiff believes and therefore avers that the letters of the Defendant contained false, misleading, deceptive and/or confusing statements. 11. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading, deceptive and/or confusing statements. 12. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications, were rude, beligerent, insulting and harassing to the Plaintiff. 13. 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. 14. Defendant failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania. 15. Agents of the defendant made telephone calls to the Plaintiff, during which, the agents of the defendant threatened immediate litigation. 16. Agents of the defendant told Plaintiff that if payment in full was not made immediately, that his credit report would go down more than 30 points. 17. Agents of the defendant refused to validate the alleged debt. 18. Consumers are hurt by these tactics. COUNT I -PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 19. Plaintiff hereby incorporates the foregoing as if fully stated herein. 20. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 21. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. ~2270.4(a). 22. 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 of 37 Pa.Code §§303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. §201-2(4). 23. Defendant' 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. 24. 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 Defendant 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 25. Plaintiff hereby incorporates the forgoing as if frilly set forth herein. 26. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et seq. 27. That Defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 28. 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 Defendant 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 29. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 30. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA"), particularly 1 S U.S.C. § 1692k(d) and 28 U.S.C. §1337. 31. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 32. The FDCPA states that a violation of state law is a violation of the FDCPA. 1 S U.S.C. §1692n. 33. Plaintiff believes and therefore avers that Defendant does 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). 34. Plaintiff believes and therefore avers Chat Defendant does not have proper assignments and/or documentation permitting said Defendant to charge interest, fees and/or costs. 18 Pa.C.S. §73112(b)(1). 35. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. § 1692n. Defendant violated this section of the FDCPA. 36. Plaintiff believes and therefore avers that Defendant added interest, fees and costs in violation of state and federal law. 37. Defendant 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. 38. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 39. The Defendant violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 40. The Defendant violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendant. 41. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendant cease communication with the Plaintiff. 42. 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. §1692£ Defendant violated this section of the FDCPA. 43. 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. Defendant violated these sections of the FDCPA. 44. The FDCPA states, a debt collector may not discuss the consumers alleged debt with a third party. The Defendant violated this section of the FDCPA. 45. 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. Defendant violated this section of the FDCPA. 46. The FDCPA provides certain rights to the consumer regarding his/ her right to dispute the alleged debt, 15 U.S.C. § 1692g. Defendant violated this section of the FDCPA. 47. 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 Fad 62 (2d Cir. 1998). See also, 15 U.S.C. § 1692e(5), 15 U.S.C. § 1692e(10). 48. At all time pertinent hereto, the Defendant 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 Defendant herein. 49. 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. 50. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 51. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 52. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 53. That, as a result of the wrongful tactics of Defendant 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 FDCPA or each separate and discrete incident in which Defendant 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 Defendant 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 Honorable Court deems necessary and proper or law or equity may provide. COUNT IV -FAIR CREDIT REPORTING ACT 54. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 55. The Fair Credit Reporting at, 15 U.S.C. ~ 1681 b prohibits the improper use of a consumer's credit information. 56. Plaintiff believes and therefore avers that the Defendant reported false, misleading and/or inaccurate information on Plaintiff s credit report, without first validating the alleged debt. 57. Plaintiff believes and therefore avers that the Defendant reviewed Plaintiff's 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 Defendant have violated the FCRA. 15 U.S.C. § 1681n(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 Defendant 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 Dated:2/ 1 /07 y y S a c Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com vindicating his rights under the FDCP permitted by 15 U.S.C. §1681n(3)C). B / L arco c~? • r-a r~~ ~ ~ _ ~ ~ -- 3 -,~ ( 1 ,.L~ E „ _/ _t ~;. . ~~I' .. ~~ Y _~ ~~ ~V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Joshua Krevsky, Plaintiff, v. Civil Action No. 07-805 COMPLAINT AND DEMAND FOR JURY TRIAL United Collection Bureau, Defendant. PRAECIPE TO DISCONTINUE/WITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through his 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: 5/7/0? 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: Jeffrey C. Turner, Esquire Surdyk, Dowd & Turner Co., L.P.A. Kettering Tower, Suite 1610 40 North Main Street Dayton, OH 45423 Dated: S/7107 Deanna Lynn Saracco ~ t "" ' i..~ C f .. -•-~ ---{ .-C ;-~ ; ' ' _ .~-. - ~ ~ -r'a -r: ~= ° L- 4°w? --1 ~~e ~ f.Sl