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HomeMy WebLinkAbout99-03682 -m W. SCOTT BLISS, JR., Plaintiff V. HAYT, HAYT & LANDAU, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. '9% • 36 PL &:,a T , NOTICE You have been sued in Court. If you wish to defend yourself against the claims set forth in the following papers, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court 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 OUR WHERE YOU CAN GET HELP. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 NOTICIA Len ban demando a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por obogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrara una orden contra usted sin previo aviso o notificacion y por cualquiere queja o alivic que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 Respectfully submitted, q MARTr&IM By Bruce F. Bratton, Esquire Pa. Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff 2 W. SCOTT BLISS, JR., Plaintiff V. HAYT, HAYT & LANDAU, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. qc • 36,P 1 Cc.-;,e 7-c.- COMPLAINT AND NOW comes Plaintiff, by and through his counsel, Martsolf & Bratton, and represents as follows: 1. Plaintiff W. Scott Bliss, Jr, is an adult individual residing at 4705-A Charles Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant Hayt, Hayt & Landau is believed to be a Pennsylvania partnership engaged in the practice of law principally involved in the collection of debt, whose last-known address is 6th Floor, 400 Market Street, Philadelphia, Pennsylvania 19106-2513. 3. Plaintiff, together with his now-estranged wife, Pamela Bliss, was a joint debtor on a certain account No. 5407 0410 2201 4726, of Household Credit Services, Inc., an issuer of a credit card. 4. Defendant Hayt, Hayt & Landau is a collection agent as defined in the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692 et seg.; the Pennsylvania Debt Collection Trade Practices Regulations, 37 Pa. Code Section 303.1 et seg.; and the Unfair Trade Practices and Consumer Protection Act, 73 P.S. Section 201-1 et seg. 5. Plaintiff believes and therefore avers that Defendant was employed or retained by the Plaintiff's creditor, Household Credit Services, Inc., during 1998 for purposes of collection of the debt. 6. After several telephone and written communications from Defendant to Plaintiff, Plaintiff, through his attorneys, Martsolf & Bratton, advised the Defendant to refrain from any further direct contact or communication of any type except through his attorneys. A true and correct copy of the notice from Plaintiff's attorneys to the Defendant is attached hereto and marked Exhibit "A". 7. Despite such instructions and contrary to the provisions of the Fair Debt Collection Practices Act and the Unfair Trade Practices and Consumer Protection Act and other applicable statutes and regulations, Defendant, through its authorized agents, servants, workmen or contractors, has continued to contact or attempt to contact Plaintiff on at least five occasions, including but not limited to the following: (a) On or about February 9, 1999, a telephone call from Betty Terry, identifying herself as being from Hayt, Hayt & Landau, to the Plaintiff at Plaintiff's place of employment; (b) On or about March 9, 1999, a telephone call from a person identifying herself as Betty Terry, of Hayt, Hayt & Landau, to Plaintiff's place of employment 2 where she left a message asking that the Plaintiff return the call; (c) On or about April 15, 1999, a telephone call from the said Betty Terry at Plaintiff's place of employment where she left a voice mail message for the Plaintiff and a message with the Plaintiff's receptionist; (d) On or about April 21, 1999, a telephone call from the said Betty Terry who left a voice mail message for the Plaintiff at Plaintiff's place of employment; and (e) on or about May 6, 1999, a telephone call from a person named John Kay, identifying himself as being from Hayt, Hayt & Landau, at the Plaintiff's place of employment and a voice mail message from such person at the Plaintiff's home. 8. All such contacts were by persons identifying themselves as account representatives or other representatives or employees of Hayt, Hayt & Landau. Count I 9. Paragraphs 1 through 8 above are hereby incorporated by reference as if set forth at length herein. 10. The acts and actions of the Defendant, acting by and through its authorized employees, agents, contractors or representatives, constitute violations of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692 et seq., and give rise to 3 this cause of action for said violations, including the right to obtain statutorily established minimum damages of $1,000.00 for each such violation. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in the amount of $5,000.00 constituting $1,000.00 for each violation by the Defendant of the Fair Debt Collection Practices Act as hereinabove alleged, together with costs of suit and reasonable attorneys' fees and expenses, all as provided in said statute. Count II 11. Paragraphs 1 through 10 above are hereby incorporated by reference as if set forth at length herein. 12. The acts and actions of the Defendant, acting by and through its authorized employees, agents, contractors or representatives, constitute violations of the provisions of Pennsylvania's Unfair Trade Practices and Consumer Protection Law and the Debt Collection Practices Regulations adopted pursuant thereto, 37 Pa. Code, Chapter 303, specifically including but not necessarily limited to the provisions of 37 Pa. Code, Sections 303.4(10), 303.4(3) and 303.3(27). WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in such amount as this Honorable Court shall deem to be just and appropriate but not less than $1,000.00 for each violation by Defendant, such amount to be trebled pursuant 4 to 73 P.S. Section 201-9.2, together with costs of suit and reasonable attorneys, fees and expenses, all as provided by statute. Date t?/ c < 51Y Respectfully submitted, MARTSOLF & B 0 By Bruce F. Bratton, Esquire Pa. Attorney I.D. No. 23949 2515 North Front Street P. 0. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff 5 Martsolf & Bratton ATTORNEYS AND COUNSELORS AT LAW 2515 NORTH FRONT STREET P. 0. BOX 12106 HARRISBURG, PENNSYLVANIA 17106.2106 TELEPHONE (717) 236.4241 TELECOPIER (717) 233.5791 FILE NO. 960118 TRANSMITTAL FORM DATE: October 16, 1998 TO: Linda Arnold, Account Representative TELECOPY NO.: (215) 928-1514 RE: Your File No. 98004907 FROM: Bruce Bratton NO. OF PAGES: 4 (8.1/2 X 11 Including this one) Hard copy will follow by regular mail. MEMO: If there are any problems with this transmission, please call sender at (717) 236-4241. SENDER'S NAME: Nancy IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.. C XHi,v/T /? rl,b TO 1,EPT.? i1 e- Pa„nF cT: n;q ,3.: ? Ci+'T. 15 1i::4C OL Sig cU 2115 '+ -S 1514 Er &' 04 Martsolf 8 Bratton ATTORNEYS AND COUNSELORS AT LAW P.R. MARTEOLP BRUCE P. BRATTON VIA TELECOPY Linda Arnold, Account HAYT, HAYT & LANDAU 2515 NORTH FRONT STREET P.O. Box 12105 HARRISEURO. PENNSYLVANIA 17105.2105 October 16, 1998 [Dictated October 15, 19981 Representative 400 Market Street, 6th Floor Philadelphia, PA 19106-2513 Re: Your File No. 98004907 Dear Ms. Arnold: TELEPHONE (717) 23a-4241 TELECOPIER (717) 233-5791 PILO NO. 960118 Several months ago, you first called me concerning the matter of collection of a debt allegedly owed by Scott and Pamela Bliss. My client, Scott Bliss, had directed you to make your inquiries to my office and we chatted briefly concerning Mr. Bliss' pending divorce action. Several weeks ago, in late August or early September, you contacted me again to inquire as to the status of matters and I advised you that the divorce remained unresolved although we hoped to move the matter through formal litigation within the coming months. note on Setembr encloseutoe refresh y our reco lecti n)1 which 8 I [ then pforwarded which Mrs. Bliss' attorney who is, as I told you, Stephen Dzuranin of the Harrisburg law firm of wix, Wenger & Weidner. Because I have been in contact with your office as Mr. Bliss' attorney of record, I am most confused to learn today that Mr. Bliss has continued to receive dunning phone calls on an almost daily baa:ts. Worse, I have been told that Mr. Bliss' neighbor, Mr. Blosser, has received at least one call from Betty Terry of your office asking him to tell Mr. Bliss that it was "critically important" that Mr. Bliss contact your office. Linda Arnold, Account Representative October 16, 1998 Page 2 My telephone call to you on Thursday, October 15, 1998 was unsuccessful and I have received no return call. I write to advise you that I believe that your firm's continued collection activities directed to Mr. Bliss, when you and your firm knew of my representation of Mr. Bliss' interests and of the difficulties being experienced as a result of the pending divorce action, and your firm's contacting neighbors and/or any other third parties, constitute violations of the Fair Debt Collection Practices Act, the Debt Collection Trade Practices Regulations in Pennsylvania and may give rise to a cause of action on behalf of Mr. Bliss. You and your office are hereby directed and instructed to make no further efforts to contact Mr. Bliss except only through my office and to contact any other person or entity only at the risk of our action against you and your firm. I trust you will guide yourself accordingly and will direct Ms. Terry and other "account representatives" at the firm to cease and desist in any further collection efforts or contacts with my client. Ver y r Bruce F. rat on BFB/ner Enclosure CC: Mr. W. Scott Bliss, Jr. (w/enc.) XAW OFFICES OF HAYT, HAYT & LANDAU ) •' 1998 SIXTr FLOOR Q, 400 14ARKET STREET ti f [TINT S?.E?I LP i PRILADELPRLA, PA. igloo-12510 f (ale) 120e-1400 \, 1•/ FAX (915) 09e-1514 Date- Re: Our Client:. Household Credit Services, The. Our File Number: 19-kvd50 7 Debtor Name:c-Vee6 W .!3/iss, ?.e . Client Account Number:,Syo 7oyip220/5?72CP Unpaid Balance: 9, 005-. Dear Sir or Madam: Should this office receive the sum of S2ap.? by 9-2 `1- 98 we will be able to prevent.your account from going into an official bad debt status. Once this account has been charged-off, it maybe reflected as such on your credit bureau. Fnilure to resolve this debt, may leave our client no other recourse, but to initiate litigation against you. Allowing legal action to commence could mean drat you will incur legal fees, court costs and the amount of principal and interest that is owed thereon. Please understand that this is an attempt to collect a debt and any information we obtain will be used for that purpose. If you have any questions, please do not hesitate to contact the below indicated. Account Representative directly. Vey truly yours, HAYT, LANDAU By: Arthur Lashi I Account Representative: I verify that the statements made in the attached pleading are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the attached pleading is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made subject to the penalties of 18 to unsworn falsification to authoriti 505 Date e114' ion 4904 relating s, z M ? w ?? ?? n ca P 1 ?^ n ? ? U; ti. f?, ; ?. ?: ,G.: ??; r>)r 4'?. ? 7? ??± i?: ?, ? ? ii C; o? u W. SCOTT BLISS, JR., Plaintiff V. HAYT, HAYT & LANDAU, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3682 PRAECIPE Please mark the above-captioned matter settled, discontinued and ended with prejudice. MARTSOLFF & BRATTON By l Bruce F. Bratton, Esquire PA Attorney I.D. No. 23949 2515 North Front Street P. 0. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff Date: ,??J rP L l -"' i1 " c c[ tr. - i.I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BECKY H. MORGENTHAL. Judgment Creditor JUDGMENT NOTE VS. ROGER M. MORGENTHAL, Judgment Debtor NO. 99-3862 CIVIL TERM PARTIAL RELEASE OF JUDGMENT LIEN FOR GOOD AND VALUABLE CONSIDERATION in hand paid, receipt of which is hereby acknowledged by Judgment Creditor, Judgment Creditor hereby releases the property hereinafter described from a certain Judgment Lien filed by Judgment Creditor to the above term and number on the 25th day of June, 1999, for the total sum of One Hundred Thousand Dollars ($100,000.00) given to secure the terms of a Marital Settlement Agreement. The property hereby released is: All that Certain Tract of Land with the Improvements Thereon Erected Situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, known and numbered as 9 and 11 East High Street, Carlisle, Pennsylvania 17013-3016. THE LIEN OF THIS JUDGMENT shall continue as to any other property of Judgment Debtor. IN WITNESS WHEREOF, the Judgment Creditor has hereunto set her hand and seal on the 1Q72ay of August, 1999. Signed, sealed and delivered In the presence of: BECK H. MORGE HAL 17 Thornhill Court Carlisle, PA 17013 +t t . *r sit i ,a f?v?+?tr ?' t ?. - n r r t ? 5 L'1. L .? U ? ? y1 Y Y ?P Volk 5??" vii ,may rS r:#''"3ta?"q'4?a'? FFF s,?? ) ?( - I-, f <, ? 1, '?n?tt 1J?1J 61 i N?f?} ,??,? N lJ 1tf f C (+ R? ?? L.yg£Q'I? + rt'.. fy r'Sw.'e L v *?k a? 4i v u r eJ 's1f thn2 ^y? t? ?n Lt 4?t5d'+??lE S'?' a?r•?-?'€ . a? ,; L ? ,? ? ? ?s?3'ffff3333?^te L4?M'? : ? O 1t r ?. L i ? ?f C7. 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