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Home My WebLink About03-2635IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, ARROW FINANCIAL SERVICES, LLC. Defendant. JURY 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 NOTICIA Le ban 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 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 LA OFICINA CUYA DIRECCION SE PUEDECONSEGUiR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR M1LAN, No.: Plaintiff, ARROW FINANCIAL SERVICES, LLC. Defendant. JURY TRIAL DEMANDED 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. Venue lies in this District pursuant to 28 U.S.C 1391(b). Plaintiff is an individual and consumer pursuant to 15 U.S.C. § 1692a(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 21031 Network Place, Chicago, Illinois, 60673-1210, and/or P. O. Box 469005, Chicago, Illinois, 60646-9005. Defendant sent a letter to Plaintiff, dated OCTOBER 10, 2002, DECEMBER 12, 2002, FEBRUARY 10, 2003, which are "communications" relating to a "debt" as defined by 15 U.S.C §1692a(2) and §1692a(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 Plaintiffon or at, er 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 October 10, 2002, defendant drafted and mailed a letter to Plaintiff, via United States Mail, demanding payment $2,910.46. 9. On or about December 12, 2002, defendant drafted and mailed a letter to Plaintiff, via United States Mail, demanding $2,996.94. 10. On or about February 10, 2003, defendant drafted and mailed a letter to Plaintiff, via United States Mail, indicating that Plaintiff actually owed, $3,040.89. 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 sums 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, ~, 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. SC. §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. I11. 1993); $1uys ~, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gaynor, 784F. 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, plaintiffhas been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff`respectfully requests that his Honorable Court enter judgment on PlaintiWs behalf and against defendant and issue an Order: Dated: 6/2/03 (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._ (D.N.J. May 23, 1989), and ~ Management Adjustment Bureau. 805 F. Supp. 1086, 1095 (W.D.N.Y~ 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'~ 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 Plaintiff`damages 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. Deanna Lynn Smith Attorneys for Plaintiff` 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 DLSMITHLAW~AOL. COM IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PO BOX 469005 CIIICAGO, IL 60646-9005 ADDRESS SERVICE REQUESTED 15314836 2015 NECTOR MILAN 1619 HUNTER ST HARRISBURG PA 17104-1884 h,,llh,,h,,lllh,,,h,h,,llh,hh,h,h,h,,llhh,,Ih,I ARR O W FINANCIAL SER VICES LL C OFFICE IlO[IRS: MONDAY TIIRU 'I HURSDAY: 9:00 AM - 9:00 PM FRIDAY: 9:00 AM - 5:00 PM SATUKDAY: 8:00 AM - 12:00 PM PI/ONE NUMBER: 800-279-0224 EXT 2404 INVOICE NUMBER: 15314836 AMOUNT DUE: $2910.46 Oclober I (), 2002 RE: Bryn Mawr DEAR NECTOR MILAN: ARROW FINANCIAL SERVICES PURCHASED YOUR Bryn Mawr ACCOUNT. A3 THE NEW O%~ERS OF YOUR AC COU~NT WE WOULD ~ LKE TO GWE YOU ~. ~E"OND CHANCE TO RESOLVE YOUR OUTSTANDING BALANCE. OUR COMPANY PRIDES ITSELF IN WORKING WITtt OUR NEW CUSTOMERS TO PROVIDE SOLUTIGNS TO HELP YOU TAKE A STEP TOWARDS RESOLVING THIS MATTER. ARROW FINANCIAL SERVICES LLC BAS SEVERAL PROGRAMS THAT WILL HELP YOU AR$OLVE YOUR OBLIGATION. WE CAN OFFER YOU EITHER A CASH SETTLEMENT AT A DISCOUNT, OR OUR MONTHLY PAYIvlENT PROGRAM BOTH OF WHICH 'WILL BELP BUILD A NEW Ti~ACK RECORD. PLEASE TAKE IHIS OPPO RTLrNITY TO HELP REGAIN YOUR FINANCIAL FUTURE BY CONTACTING YOUR ACCOUNT REPRESENTATIVE AT OUR TOLL FREE NUMBER 800-279-0224, OR FILLING IN TIlE INFORMATION BELOW. WE LOOK FORWARD TO WORKING WITH YOU. ADDRESS CITY, STATE, ZIP DAYTIME PHONE// EVENING PHONE// I1VIPORTANT NO~ICE REQDIRED BY LAW UNLESS YOU NOTIFY US WITHIN 30 DAYS AFTER RECEIVING THIS LETTER TItAT YOU DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, WE WILL ASSUME THE DEBT IS VALID. IF YOU DO NOTIFY US IN WRITING WITHIN 30 DAYS AFFER RECEIVING TH S NOTICE, THAT THE DEBT, OR ANry PORTION THEREOF. IS DISPUTED, WE WILL OBTAIN VER/EICATION OF THE DEBT OR OBTAIN A COPY OF A JUDGMENT, AND MAIL YOU A COPY OF SUCH VERIFICAllON OR FUDGMENT ALS~UP~NY~LrRWRITTENREQUESTWITHIN3~DAYS~WEWILLPR~V~DE`fOUw~iTHTHENAMEANDADDRESS~FTHE~R~GINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. IMPORTANT NOTICE REQUIRED BY LAW: TltIS AGENCY 1S ENGAGED IN THE COLLECTION OF DEBTS. THiS COMMLINICATION IS AN ATTEMP F TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SINCERELY, NEAL CASH ACCOUNT REPRESENTATIVE 15314836 20~5 NECTORMILAN 1619 HUNTER ST HARRISBURG PA 17104-1884 PHONE # PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please Return this Portion with Your Payment. Thank You! 5416C ARROW FINANCIAL SERVICES LLC 21031 NETWORK PLACE CHICAGO IL 60673-1210 hlh,lh-,Ih,h,,h,lh,,,Ih,hh,,lllh,,,,Ih,,,lllh,,I INVOICE NUMBER: 15314836 ACCOUNT NUMBER: 6030090205087952 AMOUNT DUE: $2910.46 RE: Bryn Mawr If you wish to pay by Visa or Maslercard, fill in the information below and return to i~q. Payment Amount CARDIIOLDER NAME Expiration Date I /==' [ 'SI GNATURE OF CARDHOLDER 0015314836 6030090205087952 2015 0000291046 9 III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PO BOX 469005 CHICAGO, IL 60646-9005 ADDRESS SERVICE REQUESTED 15314836 2006 NECTOR MILAN 1619 HUNTER ST HARRISBURG PA 17104-1884 I,,,lll,,,I,,,llll,,,,I,,I,,,lll,,I,l,,I,,I,,I,,,lll,l,,,ll,,I ARROW FINANCIAL SER VICES LLC MONDAY THRU THURSDAY: 9:00 AM - 9:00 PM FRIDAY: 9:00 AM - 5:00 I'M SATURDAY: 8:00 AM - 12:00 PM PHONE NUMBER: 800-279-0224 EXT 2404 INVOICE NUMBER: 15314836 AMOUNT DUE: $2996.94 December 12, 2002 RE: A.F.S. ASSIGNEE OF BANK ONE YOUR RESPONSE 'FO THIS LETTER, OR LACK OF ONE, WILL DICTATE ALL FUTURE NEGOTLATIONS WITH THIS AGENCY. DESPITE OUR RECENT EFFORTS TO ACCOMMODATE YOU CONCERNING YOUR PAYMENT OF TH~ ABOVE-REFERENCED DEBT, WE HAVE NOT RECEIVED A RESPONSE AND YOUR ACCOUNT REMAINS EXCEEDINGLY DELINQUENT. THE OUTSTANDING SUM IS CHICAGO, IL 60673-1210. DUE IMMEDIATELY AND MUST BE SENT TO MY ATTENTION AT 21031 NETWORK PLACE, 1F YOU ARE LrNABLE TO SATISFY THE FULL BALANCE, CALL ME AT 800-279-0224 EXT. 2404 TO SCHEDULE A SUITABLE PAYMENT ARRANGEMENT. IMPORT.,MNT NOTICE REQUIRED BY LAW: THIS AGENCY IS ENGAGED IN THE COLLECTION OF DEBTS. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SINCERELY, NEAL CASH ACCOUNT REPRESENTATIVE CONAROWO12006 15314836 2006 NECTORMILAN 1619HUNTER ST HARRISBURG PA 17104-1884 PHONE # Please Return this Portion with Your Payment. Thank You! 5416C ARROW FINANCIAL SERVICES LLC 21031 NETWORK PLACE CHICAGO IL 60673-1210 hll,,ll,,,,Ih,l,,,h,lh,,,ll,,hh,,lllh,,,,Ih,,,lllh,,I INVOICE NUMBER: 15314836 ACCOUNT NUMBER: 6030090205087952 AMOUNT DUE: $2996.94 RE: A.F.S. ASSIGNEE OF BANK ONE if you wish to pay by Visa or Mastercard, fill in the information below and return Io tis. Credit Card Number ] Payment Amount Expiration Date J /' [ SIGNATURE OF CARDIqOLDER 0015314836 6030090205087952 2006 0000299694 8 III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PO BOX 4690115 CHICAGO, IL 6(1646-9005 ADDRESS SERV/CE REQUESTED 27718 1 AB 0.301 15314836 2007 NECTOR MILAN 1619 HUNTER ST HARRISBURG PA 17104-1884 h,,llh,,h-IIIh,,,h,h,,llh,hh,h,h,h,,llhh,,Ih,I APR O W FINANCIAL SE R VICES L L C OFFICE ttOURS: MONDAY TtlRU TtlUILSDAY: 9:00 AM - 9:00 PM FRIDAY: 9:00 AM - 5:00 PM SATURDAy: 8:00 AM - 12:00 PM PIIONE NUMBER: 800-279-0224 EXT 2630 INVOICE NUMBER: 15314836 CLIENT ACCOUNT NUMBER: 6030090205087952 AMOUNT DUE: $3040.89 February 10, 2003 RE: Bryn Mawr SPECIAL PAYMENT ARRANGEMENT LIMITED TIME OFFER TO RESOLVE THIS MATTER I WANT TO TAKE THIS OPPORTUNITY TO INTRODUCE MYSELF AS YOUR NEW ACCOUNT REPRESENTATIVE. BASED ON YOUR SITUATION. 1 ltAVE BEEN AUTHORIZED BY THE PRESIDENT OF ARROW FINANCIAL SERVICES LLC TO OFFER YOU THE FOLLOWING OPTIONS: 1) PAY $1976.58 BY February 20 2003 AND ARROW 'WILL ACCEPT THAT PAYMENT AS SETTLEMENT OF YOUR ACCOUNT. 2) CALL ME TO DISCUSS A PAYMENT PLAN THAT BETTER SUITS YOUR NEEDS. YOU MUST ACT NOW TO TAKE ADV,~ITAGE OF THIS OFFER. I CAN'T HELP YOU UNLESS YOU MAIL THE SETTLEMENT PAYMENT OR CALL ME. SINCERELY, JOSEPH FRANK EXT. 2630 ACCOUNT REPRESENTATIVE ONAROW012007 IMPORTANT NOTICE REQUIRED BY LAW IMPORTANT NOTICE REQUIRED BY LAW: THIS AGENCY IS ENGAGED iN THE COLLECTION OF DEBTS. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 15314836 2007 NECTORMILAN 1619 HUNTER ST HARRISBURG PA 17104-1884 PHONE# [~-] Pl~se check hem if this is a new phone # or address Please Return lhis Portion with Your Payment. Thank You! 5416CB ARROW FINANCIAL SERVICES LLC 21031 NETWORK PLACE CHICAGO IL 60673-1210 I,Ih,lh,,h,,h,,Ih,hh,,llh,,llh,,hh,lh,,Ih,,Ih,,i INVOICE NUMBER: 15314836 ACCOUNT NUMBER: 6030090205087952 AMOUNT DUE: $3040.89 RE: Bryn Mawr If you wish to pay by Visa or Maslercard, fill in the information below and relurn to us. Pa~vment Amount Expiration Date ] / I ~]GNATURE OF CARDHOLDER 0015314836 6030090205087952 2007 0000304089 9 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 NL~_RGOLIS EDELSTEIN Mailing Address: P.O. Box 932 Harrisburg, PA 17108-0932 Street Address: 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX: E-mail: (717) 975-8114 {717) 975-8124 sbanko@margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff NO. 03-2635 ARROW FINANCIAL SERVICES, LLC, : Defendant : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, ARROW FINANCIAL SERVICES, LLC, TO PLAINTIFF'S COMPLAINT - PA. R.C.P. NO. 1028(a) (2) 1. Plaintiff commenced the above-captioned action by Complaint filed on or about June 4, 2003. A copy of the Complaint was served upon Defendant by United States Mail, received by Defendant on or about June 30, Plaintiff's Complaint is attached hereto, reference and marked as Exhibit A. 2. The Complaint, by Plaintiff or counsel. 3. Pa. R.C.P. No. 2003. A copy of incorporated herein by as filed, does not include a Verification 1024 provides in relevant part: (a) Every pleading containing an averment of fact not appearing of record in the action shall state that the averment is true upon the signer's personal knowledge or information and belief and shall be verified. (c) The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. 4. Pa. R.C.P. No. 1028(a) (2) provides that: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court .... 5. Plaintiff's Complaint fails to conform to Pa. R.C.P. No. 1024(c) and, therefore, the Complaint is properly stricken. WHEREFORE, Defendant, Arrow Financial Services, LLC, prays this Honorable Court enter an Order striking Plaintiff's Complaint pursuant to Pa. R.C.P. No. 1028(a) (2) for failure to -2- comply with the requirements of Pa. R.C.P. No. 1024(c). are entirety. 7. Pa. II. PRELIMINARY OBJECTION - PA. R.C.P. NO. 1028(a) (2) OR IN THE ALTERNATIVE, PA. R.C.P. NO. 1028(a) (3) 6. The averments contained in paragraphs 1 through 5 hereof incorporated herein by reference as if set forth in their R.C.P. No. 1019 provides in pertinent part: (a) The material facts on which a cause of action is based shall be stated in a concise and summary form. (b) Averments of fraud or mistake shall be averred with particularity .... 8. Plaintiff's Complaint fails to conform to the requirements of Pa. R.C.P. No. 1019(a) in that it does not allege anything more than general, conclusory and boilerplate allegations of wrongdoing on the part of Defendant. It does not set forth, in summary form, or otherwise, which Plaintiff's claim is based. 9. Accordingly, pursuant to Pa. R.C.P. No. 1028(a) (2), Plaintiff's Complaint is properly stricken. 10. In the alternative, pursuant to Pa. R.C.P. No. 1028(a) (3), Plaintiff should be required to file a more specific statement, setting forth in concise and summary form, the facts the material facts upon -3- upon which Plaintiff's alleged cause of WHEREFORE, Defendant, Arrow Financial Services, this Honorable Court enter an Order pursuant to Pa. action is based. LLC, prays R.C.P. No. 1028, rule of law or, in the alternative, more specific statement pursuant to striking Plaintiff's Complaint for failure to conform to requiring Plaintiff to file a Date: July l0 , 2003 Pa. R.C.P. No. 1019. MARGOLIS EDELSTEIN By ~t~e ~ Banko, Jr. Atto~r~y I. D. No. 41727 Counsel for Defendant -4- CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served upon counsel of record on the /0 day of ~ 2003, by United States First Class Mail, postage p~epaid, addressed as follows: Deanna Lynn Smith, 76 Greenmont Drive Enola, PA 17025 Esquire (Attorney for Plaintiff) Barbara J. Smith, S~ecretary NECTOR 1VI~, Plaintiff, IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ARROW FINANCIAL SERVICES, LLC. Defendant. No.: 0.~' o~ ~ 3,~ JURY TRIAL DEMANDED 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. Venue lies in this District pursuant to 28 U.S.C. 1391(b). Plaintiff is an individual and consumer pursuant to 15 U.S.C. § 1692a(6). Defendant is a business entity(les) engaged in the business of collecting debts within this Commonwealth via letters and telephone calls, with their principal place of business located at 21031 Network Place, Chicago, Illinois, 60673-1210, and/or P. O. Box 469005, Chicago, Illinois, 60646-9005. Defendant seat a letter to Plaintiff, dated OCTOBER 10, 2002, DECEMBER 12, 2002, FEBRUARY 10, 2003, which are "communications" relating to a "debt" as defined by 15 U.S.C. {}1692a(2) and {}1692a(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 October 10, 2002, defendant drafted and mailed a letter to Plaintiff, Via United States Mail, demanding payment $2,910.46. 9. On or about December 12, 2002, defendant drafted and mailed a letter to Plaintiff, via United States Mail, demanding $2,996.94. 10. On or about February 10, 2003, defendant drafted and mailed a letter to Plaintiff, via United States Mail, indicating that Plaintiff actually owed, $3,040.89. I 1. With each subsequent letter, defendant misrepresented that Plaintiff owed more money on the alleged debt. 12. Plaintiffhas 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 sums 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 als0, ~, 208 B.K. 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 commllnications 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 3 O-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 Plaintiff in violation of the FDCPA. Tolentino v. Friedman~, 833 F. Supp. 697 (N.D. I11. 1993); ~ v. Hand, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gayn~. 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 witkin 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 w~ll as its agents, servants, and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton disregard for federal and state law and the fights of the Plaintiffherein. 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. 27. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 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 2 sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment on Plaintiffs 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. ~ ~Jllgt~Jldkgl~ll~, F. Supp. (D.N.J. May 23, 1989), and ~ Management Adjustment Burean, 805 F. Supp. 1086, 1095 (W.D.N.Y. 1992) (B) Award Plain'tiff damages for anxiety, harassment, and intimidation directed at Plaintiffin an amount not less than Ten Thousand Dollars ($10,000.00). (C) Award Plaintiff costs of this litigation, including a reasonable attorney'~ fee at a rate of $300.00/hour for hours reasonably expended by his attorney in vindicating his fights under the FDCPA, permitted by 15 U.S.C. §1692k(a)(3). (D) Award Plaintiff damages 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 Deanna Lynn Smith Attorneys for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 DLSM/THLAW~AOL. COM III Illlllllllllllll]lll ,,,ill PO BOX 469005 CHICAGO, IL 60646-9005 ADDRESS SERVICE REQUESTED 15314836 2015 NECTOR MILAN 1619 HUNTER ST HARRISBURG PA 17104-I884 I,,,111,,,I,,,1111,,,,I,,I,,,111,,I,1,,I,,I,,I,,,111,1,,,11,,I OFFICE IIOI!RS: MONDAY THRU TttUKSDAY: 9:00 AM - 9:00 PM FRIDAY: 9:0~ AM - 5:00 PM SATURDAY: 8:00 AM - 12:00 PM PIIONE NUMBER: 800-279-0224 EXT 2404 INVOICE NUMBER: 15314836 AMOUNT DUE: $2910.46 Oelober 10, 2002 15314836 2015 NECTOR MILAN 1619 HLrNTER ST HAR1LISBURG PA 17104-1884 PHONE # PLEASE SEE RE'~rERSE SIDE FOR IMPORTANT INFORMATION Please Relum Ihis Porlion with Your Payment. Thank Youl 5416C ARROW FINANCIAL SERVICES LLC 21031 NETWORK PLACE CHICAGO IL 60673-1210 hlh,lh,..Ih,h,,h,lh..,Ih,hh.lllh,,,,Ih.,lllh,,I 12~VOICE NUMBER: 15314836 ACCOUNT NUMBER: 6030090205087952 A2HOUNT DUE: $2910.46 RE: Bryn Mawr If you wish Io pay by Visa or Maslercerd, fill in the info~mation below and relurn Io L Card Number : Payment Amount Expiration Date L /-. J SIGNATURE OF CARDHOLDER 0015314836 6030090205087952 2015 0000291046 9 2 III IIIIIIIIIIIIIIIIIIIIIIIIIIIIlll PO BOX 469005 CHICAGO, IL 60646-9005 ADDRESS SERVICE REQUESTED 15314836 2006 NECTOR MILAN 1619 HUNTER ST HARRISBURG PA 17104--1884 h,,llh,,I-,lllh.,,M,.,llM,M,,h,h,,llhh,,IM :ARR 0 W FINANCIAL SER VICES L L C OFFICE ItOURS: MONDAY THRU THURSDAY: 9:00 AM. 9:00 PM FKIDAY: 9:00 AM - 5:00 PM SATURDAY: 8:00 AM - 12:00 PM PHONE NUMBER: 800-279-0224 EXT 2404 INVOICE NUMBER: 15314836 AMOUNT DUE: $2996.94 December 12, 2002 RE: A.F.S. ASSIGNEE OF BANK ONE YOUR RESPONSE TO THI~ LE'ufER, AGENCY. OR LACK OF ONE, WILL DICTATE ALL FUTURE NEGOTIATIONS WITH THIS DESPITE OUR RECENT EFFORTS TO ACCOMMODATE YOU CONCERNING YOUR PAYMENT OF THE ABOVE-REFERENCED DEBT, DELINQUENT. WE HAVE NOT RECEIVED A RESPONSE AND YOUR ACCOUNT REMAINS EXCEEDINGLY TH~ OUTSTANDING SUM IS DUE IMMEDIATELY AND MUST BE SENT TO MY ATTENTION AT 21031 NETWORK PLACE, CHICAGO, IL 60673-1210. 1F YOU ARE UNABLE TO SATISFY THE FULL BALANCE, CALL ME AT 800-279-0224 EXT. 2404 TO SCHEDULE A SUITABLE PAYMENT ARRANGEMENT. PURPOSE. , ex ~D~ ,".r~v ,,~ ¥ INI'ORMATION OBTAINED WILL BE USED FOR THAT SINCERELY, NEAL CASH ACCOUNT REPRESENTATIVE 15314836 2006 NECTORMILAN 1619HUNTER ST HARRISBURG PA 1710&1884 PHONE# L'~ PI~s¢ check hem if this is a new pllonc # or addre~ Please Relurn this Portion with Your Payment. 'l~ank Youl INVOICE NUMBER: 15314836 ACCOUNT NUMBER: 6030090205087952 AMOUNT DUE: $2996.94 RE: A~'.S. ASSIGNEE OF BANK ONE 5416C ARROW FINANCL~L SERVICES LLC 21031 NETWORK. PLACE CHICAGO IL 60673-1210 I,IMh,.,Ih,h,,Mh,,,IM,h,,lllh.,,,ll,,.lllh. I you wlsh Io pay by Visa or Maslercard, fill in the information below and return lo t : :: ;.;:;:; ;:':Credit Card Number ;: J Payment Amount Explrallon Date 001531483h 6030090205087952 2006 0000299694 8 III Illlllllllllllllllltmfllllll · ' PO BOX 469005 CHICAGO, IL 60646-9005 ADDRESS SERVICE REQUESTED 15314836 2007 NECTOR MILAN 1619 HUNTER ST HARRISBURG' PA 17104-1884 h,,llh,,h,,lllh,,,h,h,,llh,hh,h,h,h,,llhh,,Ih,I OFFICE HOURS: MONDAY THRU THURSDAY: 9:00 AM - 9:00 PM FRIDAY: 9:00 AM - 5:00 PM SATURDAY: 8:00 AM - 12:00 PM PHONE NUMBER: 800-279-0224 EXT 2630 INVOICE NUMBER: 15314836 CLIENT ACCOUNT NUMBER: 6030090205087952 AMOUNT DUE: $3040,89 February 10, 2003 RE: Bryn Mawr SPECIAL PAY~iENT ARRANGEMENT LIMITED TIME OFFER TO RESOLVE THIS MATTER I WANT TO TAKE TI-US OPPORTUNITY TO INTRODUCE MYSELF AS YOUR NEW ACCOUNT REPRESENTATIVE. BASED ON YOUR SITUATION, I HAVE BEEN AUTHORIZED BY TH3E PRESIDENT OF ARROW FINANCIAL SERVICES LLC TO OFFER YOU THE FOLLOWING OPTIONS: 1) PAY $1976.58 BY February 20 2003 AND ARROW WILL ACCEPT THAT PAYMENT AS SETTLEMENT OF YOUR ACCOUNT. 2) CALL ME TO DISCUSS A PAYMENT PLAN THAT BETTER SUITS YOUR NEEDS. YOU MUST ACT NOW TO TAKE ADVANTAGE OF THIS OFFER. I CAN'T HELP YOU UNLESS YOU MAIL THE SETTLEMENT PAYMENT OR CALL ME. SINCERELY, JOSEPH FRANK EXT. 2630 ACCOUNT REPRESENTATIVE ONAROW012007 IMPORTANT NOTICE REQUIRED BY LAW IMPORTANT NOTICE REQUIRED BY LAW: TI-US AGENCY IS ENGAGED IN THE COLLECTION OF DEBTS. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, 15314836 2007 NECTORMILAN 1619HUNTER ST HARRISBURG PA 17104-1884 Please Relurn this portion with Your Payment. Thank You! INVOICE NUMBER: 15314836 ACCOUNT NUMBER: 6030090205087952 AMOUNT DUE: $3040.89 RE: H~jn Mawr PHONE # 5416CB ARROW FINANCIAL SERVICES LLC 21031 NETWORK PLACE CHICAGO IL 60673-1210 hlh,lh,,h,,h,,Ih,hh,,llh,,llh, hh,lh,,Ih,,Ih,.I I! you wish lo pay by Visa or Mastercard, fill in the inlo~mation below and return lo u~ J :!:, -::: ::::Credit Card :: :l Payment Amount Expiration Date [ / J SIGNATURE OF CARD.OLDER 0015314836 6030090205087952 2007 0000304089 9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, No.: ARROW FINANCIAL SERVICES, LLC. Defendant. JURY TRIAL DEMANDED N TI E T P EAD 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 w n 20 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 71%249-3166, 800-990-9108 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 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 LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, No.: 03-2635, Civil Term Plaintiff, V. ARROW FINANCIAL SERVICES, LLC., Defendant. WITHOUT PREJUDICE PRAECIPE TO WIT}tDRAW TIlE CASE WIT}lOUT PREJUDICE AND NOW comes Plaintiff, by and through his counsel, Deanna Lynn Smith, and files this Praecipe to Withdraw the above captioned matter, without prejudice. The case may now be marked CLOSED. Respectfully submitted, Deanna Lynn Smith Attorney for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 SMITI-IDELYN~aol. corn