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Home My WebLink About07-4021p~--y0d1 C(V~ ~ Tel'M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN[A Antoinette Smith ~ Capital Management, Inc. Greenmont Drive ~ 726 Exchange Street Enola, PA 17025 ~ Buffalo, NY 14210 Plaintiff(s) & 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 forwarded to (X) Attorney OSheriff. Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol:com ~ ~- ~, Signature of Attorney Dated: 7/2/07 WRIT OF SUMMONS TO THE ABOVE~NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. s _ Prothonotary Dated: By: Deputy ~' '64 ~ d ~ `~ `~+ er . -0 ~ - W ~-7 T ,"~ i ~i ~ r~ O ') ~. L!` , ~ - ~ t ~`'q~ Q -- -E n a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Antoinette Smith, Plaintiff, v. Capital Management Inc., Defendant. Civil Action No.: 07-4021 JURY TRIAL DEMANDED NOTICE TO PLEAD TO THE DEFEND-ANT r1AZ~ED 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 t~renty (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 TARE 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 notification y por cualquier queja o alivio que es pedido en la petition 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 O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Antoinette Smith, Plaintiff, v. Capital Management Inc., Defendant. Civil Action No.: 07-4021 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.C. §1692a(3). 2. Defendant Capital Management, Inc., is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 726 Exchange Street, Buffalo, NY, 14210. 3. At all times pertinent hereto, Plaintiff was attempting to resolve a debt in dispute and made payments in order to resolve her alleged debt. 4. Plaintiff disputed the amount of the alleged debt. 5. Despite Plaintiff making payments, agents of the Defendant, one agent calling himself, "Mark Brovo" continued to contact Plaintiff at her place of employment. 6, Plaintiff informed the agents that she was not permitted to receive personal calls at work. 7. Despite the warning, agents of the Defendant, continued to call Plaintiff at work. 8. During the course of the conversations, at no time did the agents of the Defendant advise Plaintiff how she might dispute the alleged debt. 9. Despite Plaintiff making payments, Defendant informed Plaintiff that they were going to file suit against her immediately. 10. Plaintiff believes and therefore avers that the agents of the defendant merely wanted to harass her over the allege debt. 1 1. On or about June 2007, Defendant contacted Plaintiff by U.S. Mail andlor telephone calls in an attempt to collect an alleged consumer debt. 12. Defendant is a debt collectors as defined by the state law and the FDCPA. I S U.S.C. 11692a(6). 13. Defendant sent letters and/or made telephone calls to Plaintiff between June of 2007, which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2). 14. At all pertinent times hereto, the defendant alleged that Plaintiff owed consumer debt. 5 U.S.C. § 1692a(5). (Hereinafter the "alleged debt.") 15. 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. 16. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading, deceptive and/or confusing statements. 17. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading, deceptive and/or confusing statements. 18. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications, were rude, beligerent, insulting and harassing to the Plaintiff. 19. Plaintiff believes and therefore avers that agents of Defendant, failed to provide the consumer with a validation notice within five days of the initial communication. 20. Plaintiff believes and therefore avers that agents of defendant, made the initial communication by telephone and failed to provide the Plaintiff with the proper consumer warning as required under the FDCPA. 21. Plaintiff believes and therefore avers that agents of defendant, in its telephone communications, overshadowed the FDCPA. 22. Plaintiff believes and therefore avers that the defendant is attempting to collect a time- barred debt. 23. 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. COUNT I -PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 24. Plaintiff hereby incorporates the foregoing as if fully stated herein. 25. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 26. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 27. 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). 28. Defendant's 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. 29. 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 requests that this Honorable Court issue judgment on Plaintiffs 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 -FAIR DEBT COLLECTION PRACTICES ACT 30. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 31. 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. 32. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 33. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. §1692n. 34. 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). 35. Plaintiff believes and therefore avers that defendant does not have proper assignments and/or documentation permitting said defendants to charge interest, fees and/or costs. 18 Pa.C.S. §73112(b)(1). 36. 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. 37. Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law. 38. 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. 39. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 40. 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. § 1692f. Defendant violated this section of the FDCPA. 41. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 42. The Defendants violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendants cease communication with the Plaintiff. 43. The Defendants violated 15 U.S.C. §1692e(11) by failing to provide the consumer with the proper warning, "this is an attempt to collect a debt, any information obtained will be used for that purpose," during the initial telephone communications and in subsequent communications. 44. Defendants violated 15 U.S.C. § 1692g, by failing to provide the consumer with the proper validation notice within five days of the initial communication. 45. Defendants violated 15 U.S.C. §1692g by demanding payment without providing the proper consumer warnings, thus, defendants overshadowed the FDCPA. 46. Defendants violated 15 U.S.C. §1692f, by threatening and/or filing suit without proper legal authority in Pennsylvania. 47. Defendants violated 15 U.S.C. § 1692d(2) by using profane and abusive language towards the consumer. 48. Defendants violated 15 U.S.C. § 1692d(5) by causing the phone to ring and engaging the consumer in repeated conversations. 49. Defendants violated 15 U.S.C. § 1692c(a)(3) by communicating with the consumer at his/her place of employment, despite being told that such phone calls were prohibited. 50. 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). Defendant violated these sections of the FDCPA. 51. 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. 1 S U.S.C. § 1692d. Defendant violated this section of the FDCPA. S2. The FDCPA provides certain rights to the consumer regarding her right to dispute the alleged debt, 1 S U.S.C. § 1692g. Defendant violated this section of the FDCPA. S3. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Bendy v. Great Lakes Collection Bureau, 6 F.3d 62 (2d Cir. 1998). See also, 15 U.S.C. § 1692e(S), 1 S U.S.C. § 1692e(10). S4. 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. SS. 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. S6. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. S7. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 58. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. S9. That, as a result of the wrongful tactics of defendants 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 defendants 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 defendants 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. statutory, actual, treble and punitive damages and attorney's fees and costs. Dated: 9/21 /07 By: /s!D ~ Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com t'7 ns f i V ~ ~ ~' U ~ , 'M r- v ! ~~ ~{~ y tt ~ ~ +1. ,' ~i ~ ~m ~ r y ~~~.~7 { r, , V .~~ . _t ~'~ --s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Antoinette Smith, Plaintiff, v. Civil Action No.: 07-4021 Capital Management Inc., Defendant. JURY TRIAL DEMANDED PRAECIPE TO DISC4NTINUEIWITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Vb'ithdraw 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. Respe idly submitted, Dated: 1213/07 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 electronic mail, 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: 12/3107 Deanna Lynn Saracco v ~" ..._, ~ a ; ;z~. , ;~ -~ t ,~ ~ ; ~~ r ~`~ . -,~r -~. "- , rat ~-i r ~ ~° "' .~ , . ~ ;~ rs-~ .,~ ~