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Home My WebLink About03-2634IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, No.: .2&3C/ RISK MANAGEMENT ALTERNATIVES, 1NC., D/B/A RMA, Defendant. JURY TRIAL DEMANDED 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 2 Liberty Avenue Carlisle, PA 717-249-3166, 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quire de~enderse 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 LLAME POR TELEFONO A I~ OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, -- &&3¢/ RISK MANAGEMENT ALTERNATIVES, 1NC., D/B/A RMA, Defendant. JURY TRIAL DEMANDED Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.SC. 91692, et seq. ("FDCPA"), particularly 15 U.S.C 91692k(d) and 28 U.S.C. 91337. Venue lies in this District pursuant to 28 U.S.C 1391(b). Plainfiffis an individual and consumer pursuant to 15 U.S.C 91692a(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 11214 Renner Road, Lenexa, Kansas, 66219 and/or P. O. Box 4032 Reynoldsburg, Ohio, 43068. Defendant sent a letter to Plaintiff, dated November 21, 2002, December 26, 2002, and January 30, 2003, which are "communications" relating to a "debt" as defined by 15 U.S.C 91692a(2) and 91692a(5). At all pertinent times hereto, defendant was hired to collect an alleged debt relating to a consumer transaction. (HereinaRer 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 November 21, 2002, defendant drafted and mailed a letter to Plaintiff, via United States Mail, demanding payment $8,548.06, even though, Plaintiffreceived previous letters stating he owed $6,000.00 or less to the original creditor. 9. On or about December 26, 203, defendant drafted and mailed a letter to Plaintiff, via United States Mail, demanding $8,735.43. 10. On or about January 30, 2003, defendant drafted and mailed a letter to Plaintiff, via United States Mail, indicating that Plaintiff actually owed, $8,922.15. 11. With each subsequent letter, defendant misrepresented that Plaintiff owed more money on the alleged debt. 12. Plaintiff has no contract or other agreement for credit with defendant. 13. There are no state or federal statutes that would require Plaintiff to pay additional amounts to defendant. 14. Defendant added an unlawful sum to the amount allegedly owed by Plaintiff 15. 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, In rs Belile, 208 B.R. 658 (E.D. Pa 1977). 16. Defendant's letters failed to inform Plaintiff that he/she is entitled to make partial payments, in violation of 15 U.S.C. §1692h. 17. Defendant's collection communications were confusing, misleading, false and/or deceptive because the defendant misrepresented what Plaintiff owed on the alleged debt. 18. 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). 19. Defendant's communications created a false sense of urgency on the past of Plaintiffin violation of the FDCPA. Tolentino v. Friedman, 833 F. Supp. 697 (N.D. Ill. 1993); Sluys v. Hand, 831 F. Supp. 321 (SD.N.Y. 1993); and Rosa v. Gaynor. 784 F. Supp 1 (D. Conn. 1989). 20. Defendant added unlawful interest charges or other amounts to the alleged debt, in violation of 15 U.S.C. §1692f(1) and 1692e(2)A and B. 21. 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. 22. 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. 23. 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 Plaintiff herein. 24. As a result of defendant's intentional false, misleading, confusing and deceptive practices, Plaintiff suffered and is entitled to damages for emotional distress. 25. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692b, c, d, e, f, g, h, and/or n. 26. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff 27. 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 on Plaintiff's behalf 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 defendants have violated the FDCPA. Kashak v. Raritan Valley Collection Agency, F. Supp. (DN.J. May 23, 1989), and Rabideau v. Management Ad_iustment Bureau, 805 F. Supp. 1086, 1095 (W.DNY. 1992) (B) Award Plaintiff damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00). (C) Award Plaintiff costs 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 U.S.C. § 1692k(a)(3 ). (D) Award Plaintiffdamages 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: 6/2/03 By: Deanna Lynn Smith Attorneys for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 DLSMITHLAW~AOL.COM PO BOX 4032 REYNOLDSBURG, OH 43068 ADDRESS SERVICE REQUESTED November 21, 2002 RISK PlANAGEI~ENT ALTERNATIVES. INC. 11214 RENNER ROAD LENEXA, KS 66219 800-666-8866 #S000000359 02 #TOO0000001 76575281030 FACKAN NECTOR MILAN 1619 HUNTER ST HARRISBURG, PA 17104-1884 If payment is not made, collection efforts as well as interest will continue on this account: Creditor: CITIBANK (SOUTH DAKOTA),NA Balance Due: $8548.06 The above account has not been paid and has now been placed with this company for collection procedures. Please remit the balance shown above to Risk Management Alternatives, Inc. or contact our office at the number(s) listed below to discuss this account. 888-211-8133 Office Hours Mon - Thurs 7:00 A.M. - 9:00 P.M. Fri 7:00 A.M. - 5:00 P.M. Sat 7:00 A.M. - 12:00 P.M. This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. ........... ~ .................. ~ .... & ............................................................... For: Nector Milan Date Owed: 11-15-02 References: 5424180174115375 Account Number: 76575281030 Creditor: CITIBANK (SOUTH DAKOTA),NA Balance Due: $8548.06 Correct Address: City: State: Phone: SSN: Employer: Zip: RISK MANAGEMENT ALTERNATIVES, INC PO BOX 4032 REYNOLDSBURG, OH 43068 0005 See Reverse Side for Federal Validation Notice and Other Important Information. 2030 PO BOX 4032 REYNOLDSBURG, OH 43068 RETURN RECEIPT REQUESTED December 26, 2002 RISK ptANAGEIvIENT ALTERNATIVES. INC. 11214 RENNER ROAD LENEXA, KS 66219 800-666-8866 #S000005413 10 #T000000017 76575281655 FACKAN NECTOR MILAN 1619 HUNTER ST HARRISBURG, PA 17104-1884 h,,llh,,h,,lllh,,,h,h,,llh,hh,h,h,h,,llhh,,Ih,I Creditor: CITIBANK (SOUTH DAKO.T~),NA' .. ................. . ........ - .... =- - :'Balance Due: $8735.43 - -' ........ '- Settlement Offer We have been authorized to offer you a one time settlement. In order to take advantage of this offer, send your check or money order in the enclosed envelope no later than the date listed below. You actually owe: $ 8735.43 Settlement Amount: $ 6988.34 Amount must be received by: 01-09-03 If settlement amount is not received by the date indicated above, the offer will be null and void and the entire balance outstanding will be due. If you wish to discuss this matter, please call us at 800-666-8866. Sincerely, Risk Management Alternatives, Inc. 888-211-8133 Office Hours Mon - Thurs 7:00 A.M. - 9:00 P.M. Fri 7:00 A.M. - 5:00 P.M. Sat 7:00 A.M. - 12:00 P.M. This commurfication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose: ...... (PI~ mmm ~ ~offioa with your paym~t) For: NECTOR MILAN Creditor: CITIBANK (SOUTH DAKOTA),NA References: 5424180174115375 Account Number: 76575281655 Balance Due: $8735.43 Settlement Amount: $6988.34 Settlement Date: 01-09-03 Correct Address: City: State: Phone: SSN: Employer: Zip: RISK MANAGEMENT ALTERNATIVES, INC. PO BOX 4032 REYNOLDSBURG, OH 43068 o0os Notice: See Reverse Side for Important Information. PO BOX 4032 REYNOLDSBURG, OH 43068 RETURN RECEIPT REQUESTED January 30, 2003 RISK I~tANAGEMENT ALTERNATIVES, INC. 1428 S MAIN STREET OTTAWA, KS 66067 800-662-3442 #S000003032 10 #TO00000010 76575281654 FACKAN NECTOR MILAN 1619 HUNTER ST HARRISBURG, PA 17104-1884 Creditor: CITIBANK (SOUTH DAKOTA),NA Balance Due: $8911.15 .... ":-Settlement Offer ..... - - We have been authorized to offer you a one time settlement. In order to take advantage of this offer, send your check or money order in the enclosed envelope no later than the date listed below. You actually owe: $ 8911.15 Settlement Amount: $ 6237.81 Amount must be received by: 02-13-03 If settlement amount is not received by the date indicated above, the offer will be null and void and the entire balance outstanding will be due. If you wish to discuss this matter, please call us at 800-662-3442. Sincerely, Risk Management Alternatives, Inc. 800-662-3442 Office Hours Mon- Thurs 8:00 A.M. - 9:00 P.M. Fri 8:00 A.M. - 5:00 P.M. Sat 8:00 A.M. - 12:00 P.M. This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. 1650 Notice: See Reverse Side for Important Information. _2,,,__ For: NECTOR MILAN Creditor: CITIBANK (SOUTH DAKOTA),NA References: 5424180174115375 Account Number: 76575281654 Balance Due: $8911.15 Settlement Amount: $6237.81 Settlement Date: 02-13-03 Correct Address: City: State: Zip: Phone: SSN: Employer: RISK MANAGEMENT ALTERNATIVES, INC. PO BOX 4032 REYNOLDSBURG, OH 43068 OOO5 Nector Milan, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA lIMA, Inc. Defendant, PRAECIPE TO DISMISS WITH PREJUDICE AND NOW, comes Plaintiff, by and through his counsel, and files this Praecipe to Dismiss the above captioned case, with prejudice. This case may now be marked CLOSED. Dated: 10/7/03 Deanna Lynn Smith 76 Greenmont Drive Enola, PA 17025 (717) 732-3750 Attorney for Plaintiff