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Home My WebLink About03-2633 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: - Plaintiff, MICHAEL HARRISON, ATTORNEy, Defendant. IURy TRIAL DEMANDED NOTI E T PLEAD TO THE DEFENDANT NAMED HEREIM: 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 ~ 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 2 Liberty Avenue Carlisle, PA 717-249-3166, 800-990-9108 NOTICI~A 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 pot 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 pot 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 ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LIJ~ME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, MICHAEL HARRISON, ATTORNEY, Defendant. JURY TRIAL DEMANDED COMPLAINT Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 31692, et seq. ("FDCPA"), particularly 15 U.SC 31692k(d) and 28 U.S.C. 31337. Venue lies in this District pursuant to 28 U.S.C. 1391(b). Plaintiffis an individual and consumer pursuant to 15 USC. 31692a(6). Defendant is a business entity(ies) engaged in the business of collecting debts within this Commonwealth via letters and telephone calls, with their principal place of business located at 102 W. Germantown Pike, PMB C, Norristown, Pennsylvania, 19401. Defendant sent a number of letters to Plaintiff, including the attached letters dated June 9, 2003, and July 14, 2003, which are "communications" relating to a "debt" as defined by 15 U.S.C. 31692a(2) and 31692a(5). At all pertinent times hereto, defendant was 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 plaintiff's alleged debt. 8. On or about May 5, 2002, defendant drafted and mailed a letter to Plaintiff, via United States Mail. 9. On or about June 9, 2002, defendant drafted and mailed a letter to Plaintiff, via United States Mail, which stated, "as set forth in our previous correspondence, this law office has been retained to collect the balance due on the account detailed below." 10. The letter further stated, "While it is not our desire to escalate our collection efforts, nonpayment may leave us no alternative." 11. On or about July 14, 2003, defendant drafted and mailed a letter to Plaintiff, via United States Mail, which stated, "Our client will no longer tolerate the non-payment of this debt... This shall serve as your final written warning." 12. Plaintiffs believe and therefore aver that attorneys are liable for their letters and telephone contacts. Clomon v. Jackson, 988 F.2d 1314, (2~a Cir. 1992). 13. Plaintiffs believe and therefore aver that an attorney did not afford Plaintiff account individual review, otherwise, defendant would have known that Plaintiffwas not liable for the alleged debt, thus violated the FDCPA and Bitah v. Gobal Collection Serv,, 1997 WL 369437. See also, Avila v. Rubin 84 F.3d 222(7th Cir 1996.) 14. Plaintiffs believe and therefore aver that defendant, an attorney, did not adhere to the requirements of their profession as provided by law. Crossley v. Leiberman, 868 F.2d 566 (3d Cir. 1989). 15. Defendant should have indicated to Plaintiffthat he was acting as a debt collector, rather than implying that the defendant received a "retainer" from the original creditor. 16. It is unlikely that the defendant received a "retainer" from the original creditor to collect this debt. 17. Defendant should have indicated to Plaintiff that he had no intention to file a lawsuit for the alleged debt. 18. Defendant made direct and/or indirect threats of litigation was false, in violation of 15 U.S.C. §1692e(5) and (10). 19. Collection letters purporting to be from an attorney when they are from a "claims adjuster" violated the FDCPA, 15 US. C. §§1692e(3) and e(10), y un v. Ciic Re il Svcs., 159 F.3d. 1349 (2d Cir. 1998). 20. Defendant's collection contacts were false, deceptive, misleading and unfair in that they used attorney letterhead for the sole purpose so as to intimidate and coerce Plalntiffinto paying the alleged debt. 21. Using debt collectors to make threatening and false telephone calls to consumers are the actions of a collection agency, not the practice of law. 22. Defendant's acts in connection with the alleged debt involve data entry, record-keeping, accounting and a mailing service, debt collection calls, ail of which are not the practice of law. 23. Consumer debtors are harmed by defendant's tactics. 24. Defendant's collection communications contained false, misleading, deceptive and confusing statements which violated the FDCPA. 15 U.S.C §1692e(5) and (10), and §1692f(8) and §1692j, see also, ~, 208 B.R. 658 (E.D. Pa 1977). 25. Defendant's letters failed to inform Plaintiff that he/she is entitled to make partial payments, in violation of 15 U. SC. §1692h. 26. Defendant added an unlawful sums to the amount allegedly owed by Plaintiff 27. Defendant's communications violated the FDCPA by overshadowing the 30-day notice as required by the FDCPA. 15 U.S.C. § 1692g(4) and (5). 28. Defendant's communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. Tolentino v. Friedman~ 833 F. Supp. 697 (N.D. Ill. 1993); Sluys v H_~_H_.__H~I, 831 F. Supp. 321 (S.D.NY. 1993); and Rosa v, Gaynor, 784 F. Supp 1 (D. Conn. 1989). 29. Defendant added unlawful interest charges or other amounts to the alleged debt, in violation of 15 U.S.C. § 1692f(I) and 1692e(2)A and B. 30. 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. 31. 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. 32. At all times pertinent hereto, the conduct of the defendant as well as its 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 PIaintiffherein. 33. As a result of defendant's intentional false, misleading, confusing and deceptive practices, Plaintiff suffered and is entitled to damages for emotional distress. 34. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692b, c, d, e, f, g, h, and/or n. 35. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff 36. That, as a result of the wrongful tactics of defendant as aforementioned, plaintiffhas been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WltEREFORE, Plaintiffrespectfully requests that his Honorable Court enter judgment on Plaintiff's behalf and against defendant and issue an Order: (A) (B) (c) (D) (E) Dated: 6/2/03 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 Collection Agency, F. Supp. (D.N.J. May 23, 1989), and ~ Management Adjustment Bureau, 805 F. Supp. 1086, 1095 (W.D.NY. 1992) Award Plaintiffdamages for anxiety, harassment, and intimidation directed at Plaintiffin an amount not less than Ten Thousand Dollars ($10,000.00). Award Plaintiffcosts of this litigation, including a reasonable attorney's fee at a rate of $300.00/hour for hours reasonably expended by his attorney in vindicating his rights under the FDCPA, permitted by 15 USC. §1692k(a)(3). Award Plaintiff damages for emotional distress in an amount of not less than Ten Thousand Dollars ($10,000.00). Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. Deanna I~ynn Smith ' ' Attorneys for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 DLSMITHLAW~AOL.COM MICHAEL HARRISON ATTORNEY AT LAW ]02 W. GERMANTOWN PIKE- PMB C NORRISTOWN, PA. 19401 (800) 831-3161 NECTOR MILAN 1619 HUNTER STREET HARRISBURG PA 17100 SEE REVERSE SIDE FOR INFORMATION REGARDING YOUR LEGAL RIGHTS! 9AM- 5 PM M0N - FR I 5/05/02 This is to advise you that this office has been retained to collect your past-due balance in connection with the account detai'led below. This account, which is your legal obligation requires your prompt attention. Kindly send your check indicating your account number and patient name in order to insure proper credit. If you have a valid explanation for nonpayment, please contact this office. It is our desire to help you resolve this matter as quickly and as easily as possible. Thank you for your anticipated cooperation. Yours truly, Michael Harrison THE FAIR DEBT COLLECTION PRACTICES ACT REQUIRES THE DEBT COLLECTOR TO ADVISE YOU OF YOUR LEGAL RIGHTS AND TO INSURE THAT THE STATEMENTS OR REPRESENTATIONS CONTAINED HEREIN SHALL NOT BE FALSE OR MISLEADING. SEE REVERSE SIDE FOR YOUR LEGAL RIGHTS AND FOR FURTHER EXPLANATIONS OF THE CONTENTS OF THIS LETTER. 'r, Please detach at perforation and return in enclosed envelope NECTOR MILAN 1619 HT/NTER STREET HARRISBURG PLEASE REMIT PAYMENT TO: PA 17100 ACCOUNT #: PROVIDER: TYPE OF SERVICE: PLACE OF SERVICE: PAM2525 PA OPEN MRI RADIOLOGIST HARRISBURG PA NECTOR MICHAEL HARRISON, ESQ PATIENT: 102 W. GERMANTOWN PIKE - PMB C 850 00 NORRISTOWN, PA. 19401 BALANCE: ' MILAN PAYMENT MAY BE MADE BY CREDIT CARD - SEE REVERSE SIDE MICHAEL HARRISON ATTORNEYAT LAW 102 W. GERMANTOWNPIKE -PMB C NORRISTOWN, PA. 19401 (800) 831-3161 NECTOR MILAN 1619 HUNTER STREET HARRISBURG PA 17100 SEE REVERSE SIDE FOR INFORMATION REGARDING YOUR LEGAL RIGHTS! 9AM-5PM MON-FRI 6/09/02 As set forth in our previous correspondence, this law office has been retained to collect the balance due on the account detailed below. To date you have failed to satisfy your delinquent account. While it is not our desire to escalate our collection efforts, nonpayment may leave us with no alternative. I trust that you will be 9uided accordingly. Please note your account number and patient name on your check in order to insure proper credit. Thank you for your anticipated cooperation. Yours truly, Michael Harrison THE FAIR DEBT COLLECTION PRACTICES ACT REQUIRES THE DEBT COLLECTOR TO ADVISE YOU OF YOUR LEGAL RIGHTS AND TO INSURE THAT THE STATEMENTS OR REPRESENTATIONS CONTAINED HEREIN SHALL NOT BE FALSE OR MISLEADING. SEE REVERSE SIDE FOR YOUR LEGAL RIGHTS AND FOR FURTHER EXPLANATIONS OF THE CONTENTS OF THIS LETTER. '~ Please detach at perforation and return in enclosed envelope NECTOR MILAN 1619 HUNTER STREET HARRISBURG PLEASE REMIT PAYMENT TO: PA 17100 ACCOUNT #: PROVIDER: TYPE OF SERVICE: PLACE OF SERVICE: PAM2525 PA OPEN MRI P~ADIOLOGIST HARRISBURG PA MICHAEL HARRISON, ESQ 102 W. GERM3LNTOWN PIKE - PMB NORRISTOWN, PA. 19401 C NECTOR PATIENT: BALANCE: 850.00 MILAN PAYMENT MAY BE MADE BY CREDIT CARD - SEE REVERSE SIDE MICHAEL HARRISON ATTORNEY AT LAW 102W. GERMANTOWN PIKE-PMB C NORRISTOWN, PA. 19401 (800) 831-3161 NECTOR MILAN 1619 HUNTER STREET HARRISBURG PA 17100 SEE REVERSE SIDE FOR INFORMATION REGARDING YOUR LEGAL RIGHTS! PLEASE CALL: 9AM-5PM MON-FRI 7/14/02 As you are aware, this office represents the provider of medical services on the account detailed below. You have been given every possible opportunity to resolve this matter and you have failed to do so in a satisfactory manner. Our client will no longer tolerate the non-payment of this debt Payment is hereby demanded. -' ~ ' This shall serve as your final written warning. Yours truly, Michael Harrison THE FAIR DEBT COLLECTIOn;PRACTiCES ACT REQUIRES THE DEBT COLLECTOR TO ADVISE YOU OF YOUR LEGAL RIGHTS AND TO INSURE THAT THE STATEMENTS OR REPRESENTATIONS CONTAINED HEREIN SHALL NOT BE FALSE OR MISLEADING. SEE REVERSE SIDE FOR YOUR LEGAL RIGHTS AND FOR FURTHER EXPLANATIONS OF THE CONTENTS OF THIS LETTER. ~' Please detach at perforation and return in enclosed envelope ~ NECTOR MIIJLN 1619 HUNTER STREET F~ARRISBURG PLEASE REMIT PAYMENT TO: PA 17100 ACCOUNT #: PROVIDER: TYPE OF SERVICE: PLACE OF SERVICE: PAM2525 PA OPEN MRI RADIOLOGIST HARRISBURG PA MICHAEL HARRISON, ESQ PATIENT: NECTOR 102 W. GERM3LNTOWN PIKE - PMB C 850.00 NORRISTOWN, PA. 19401 BALANCE: MILAN PAYMENT MAY BE MADE BY CREDIT CARD - SEE REVERSE SIDE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, No.: 03-2633, Civil Term MICHAEL HARRISON, ATTORNEY, Defendant. PRAECIPE TO WITHDRAW THE CASE AND NOW comes Plaintiff, by and through his counsel, iDeanna Lynn Smith, and files this Praecipe to Withdraw the above captioned matter. The case may now be marked CLOSED. Dated: 8/26/03 Respectfully submitted, By: Attorney for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 SMITHDELYN~aol.com