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HomeMy WebLinkAbout03-5713IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEBORAH L. GRAHAM Plaintiff V. THE ALLENVlEW HOME OWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, T/D/B/A KARL M. LEDEBOHM, Attorney At Law Defendants : IN THE COMMON PLEAS COURT OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above captioned action, which arises from a contract dispute. X~ Writ of Summons shall be issued and forwarc[ed t~,~xtto~She~f~._. ~ ~.~ ~ Stephen K. Portko Supreme Court ID No. 34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff SUMMONS IN CIVIL ACTION TO: The Allenview Home Owners Association C/O Betty Fritzpatrick, Property Manager Jack Gaughen Realtor ERA 3915 Market Street Camp Hill, PA 17011 Karl M. Ledebohm 90A Fetrow Lane New Cumberland, PA 17070 Karl M. Ledebohm, Attorney At Law 90A Fetrow Lane New Cumberland, PA 17070 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotau'y/Clerl~, Ciyi| l~vj.sion Date: ('~,t~,~ .~. ,2003 By: Depuiy DEBORAH L. GRAHAM : IN THE COURT OF COMMON PLEAS : CUMBERLA/ND COUNTY, PA PLAINTIFF : NO. 03-5713 Civil Term Vs. THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M LEDEBOHM, T/D/B/A KARL M. LEDEBOHM, Attorney At Law DEFENDANTS CIVIL ACTION-LAW To: Deborah L. Graham: You are hereby notified to file a written response to the enclosed PRAECIPE TOENTER RULE UPON PLAINTIFF TO FlLE A COMPLAINT within twenty (20) days from service hereof or a judgment may be entered against you. Supreme Court ID #59012 Attorney Tot A[lenview Homeowners Association, Inc. P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 DEBORAH L GRAHAM PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-5713 Civil Term THE ALLENV1EW HOMEOWNERS ASSOCIATION and KARL M LEDEBOHM and KARL M. LEDEBOHM, T/D/B/A KARL M. LEDEBOHM, Attorney At Law DEFENDANTS : CIVIL ACTION-LAW PRAECIPE TO ENTER RULE UPON PLAINTIFF TO FILE A COMPLAINT TO THE PROTltONOTARY/CLERK OF SAID COURT: Issue a rule pursuant to Pa. RC.P. 1037 (a) 0:he "Rule") upon plaintiff,, Deborah L. Graham ("Plaintiff"), to file a complaint in the above captioned matter within twenty (20) days after service of the Rule upon Plaintiff Respec~y submitted, Supreme Court ID #59012 Attorney for Allenview Homeowners Association, Inc. P.O. Box 173 New Curaberland, PA 17070-0173 (717)938-6929 Rule is hereby issued pursuant to Pa. 'R.CP. 1037 (a) to Plaintiff, Deborah L. Graham, to file a complaint in the above captioned matter within twenty (20) days of the date of service of this Rule upon Plaintiff Date: ~ ~ ~rotl~onotary) DEBORAH L. GRAHAM PLAINTIFF Vs. THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M LEDEBOHM and KARL M. LEDEBOHM, T/D/B/A KARL M. LEDEBOHM, Attorney At Law DEFENDANTS · IN THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY, PA : NO. 03-5713 Civil Term · CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, one of the Defendants; in the above captioned matter and legal counsel for Allenview Homeowners Association, Inc., hereby certify that I have served the foregoing paper upon counsel for Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class, postage prepaid, addressed as follows: Stephen K. Portko 101 South U.S. Route 15 Dillsburg, PA 17019 Dated: NovemberJ.~ , 2003 arl M Le Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH ~- GRAHAM Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, T/D/B/A KARL M. LEDEBOHM, Attorney At Law Defendants : CIVIL ACTION NO. 03-5713 : : NOTICE 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 and notice are 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 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le hah demandado a usted en ia corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a 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 deflende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante Y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFIClENTE DE PAGAR TAL SERVlCO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECClON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH J. GRAHAM Plaintiff Vo THE ALLENVlEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, TIDIBIA CIVIL ACTION NO. 03.5713 KARL M. LEDEBOHM, Attorney At Law: Defendants : COMPLAINT I. Parties 1. Plaintiff Deborah L. Graham is an adult individual, residing at 902 AIlenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Karl M. Ledebohm and Karl M. Ledebohm t/d/b/a Karl M. Ledebohm, Attorney At Law, (herein "debt collector'') is, to the best of Plaintiff's knowledge, an individual and sole proprietorship, with his business offices at 90A Fetrow Lane, New Cumberland, Pennsylvania 17070 and mailing address at P.O. Box 173, New Cumberland, PA 17070. 3. Defendant The Allenview Homeowners Association (herein "Association") is, to the best of Plaintiff's knowledge, a residential unit owner's association and non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 3915 Market Street, Camp Hill, PA 17011. 4. Plaintiff is a "consumer" within the meaning of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., (herein FDCPA) and a "debtor" within the meaning of Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., and the Regulations promulgated to enforce that Law at 37 Pa. Code § 303.1 et seq. (herein CPL). 5. Defendant Karl M. Ledebohm and/or Defendant Karl M. Ledebohm Fd/b/a Karl M. Ledebohm, Attorney At Law is a "debt collector" within the meaning of the FDCPA and the CPL, and acted at the direction of and on behalf of Defendant AIlenview Homeowners Association. II, Factual Allegations 6. On or about December 28, 2000, Plaintiff purchased a townhouse residence located at 902 Allenview Drive, Mechanicsburg, PA. 7. Plaintiff's townhouse residence is part of a planned residential development known as Allenview which community development is maintained and preserved by the Defendant, Allenview Homeowners Association [hereinafter "Allenview"]. 8. Defendant AIlenview is authorized to collect an annual assessment from the residents of AIlenview to pay for the maintenance and preservation of the planned residential development. 9. At all times relevant hereto, the annual assessment collected by Defendant Allenview was collected in quarterly installments by sending a coupon book that contained the assessment information and due dates. 10. Defendant Allenview is required to send written notice of the annual assessment at least 30 days in advance of such date or period and Defendant's Board of Directors has authorized collection of dues in quarterly installments by sending coupon books containing the quarterly assessment and due dates. 11. Plaintiff purchased her townhouse residence on December 28, 2000, at which time dues were paid in full through February of 2001. Thereafter, Plaintiff did not receive any notice of the 2001 annual assessment nor did she receive a coupon book for the quarterly payments commencing on March 1,2001. 12. The only notice or communication Plaintiff received from Defendant Allenview regarding the 2001 association dues was a demand letter dated August 1,2001 from Betty Fitzpatrick, Defendant's Property Manager, for unpaid dues of $459.38. A true and correct copy of the letter is marked Exhibit "A" attached hereto and incorporated herein by reference thereto. 13. Upon receipt of the aforesaid letter and in reply to Defendant's demand for late dues of $459.38, Plaintiff contacted the property manager for Defendant and informed her that this letter was the first notice or communication 2 Plaintiff received about any association dues; so Defendant assured Plaintiff that a coupon book would be sent to her so that Plaintiff could make payments. 14. Despite Defendant's promise to send the coupon book that would provide Plaintiff with the proper method for paying dues, when no coupon book or assessment notice for the year 2001 had arrived by August 31,2001, Plaintiff went ahead and sent payment of the requested $459.38. 15. On or about November 16, 2001, Plaintiff again contacted Defendant Allenview because she had not received the coupon book or any information on the association dues and Plaintiff was given the amount due over the phone and assured once again that a coupon book would be forthcoming. 16. As a result, on November 16, 2001, Plaintiff sent payment in the amount of $231.92 which Defendant Allenview had verbally claimed was due. 17. Contrary to Defendant's repeated assurances, Plaintiff never received a coupon book or assessment information for the year 2001; and then on or about January 23, 2002, Plaintiff received another letter from Defendant Allenview advising Plaintiff about unpaid dues and a late charge that was being added. 18. Concerned about Defendant's failure to send the coupon book and alarmed when Defendant added late charges to association dues that Plaintiff never received notice of, Plaintiff immediately went to Defendant's business location on January 23, 2002 to speak with the manager and inspect the assessment roster or obtain the previously requested information. 19. At the aforesaid time and place, Plaintiff attempted to resolve the problems she was experiencing due to Defendant's neglect to provide notice of association dues; however, the property manager was not available to speak with her and no one at Defendant's place of business would allow Plaintiff to inspect the assessment roster or obtain related information. 20. Thereafter, Defendant's property manager contacted Plaintiff to advise her that they would only be able to provide a coupon book for the upcoming year and that this coupon book would not be available until sometime in March of 2002. 21. In disregard of the previous attempts and efforts Plaintiff made to obtain 3 a coupon book or information about the 2001 association dues, Defendant Allenview again failed to properly notify Plaintiff when it neglected to send the required assessment notice or a coupon book for the dues assessed in 2002. 22. The only notice that Plaintiff received was whenever Defendant Allenview sent notice that late charges had been added. 23. On or about June 28, 2002, Plaintiff contacted Defendant AIlenview and again inquired why she had not receive a coupon book or written validation for the 2002 quarterly dues but Defendant gave no explanation except to apologize and verbally notify Plaintiff that $444.08 was the amount showing due. 24. Plaintiff agreed to pay $444.08 but demanded that they either send her a coupon book or written validation so that she could keep record and make timely payment otherwise she would make no further payments; agreeably, Defendant Allenview promised to send the requested coupon book. 25. The problems experienced by Plaintiff regarding Defendant's failure to send notices or coupon books or to disclose assessment records were repetitive and ongoing despite Plaintiff's efforts to resolve these matters. 26. Each time Plaintiff complained to Defendant Allenview that she was not receiving assessment notices or quarterly statements, Defendant promised they would correct the problem but then never did. 27. Disregarding their obligation to send notice of the yearly dues or fulfill their promises to send the coupon books, Defendant Allenview had their collection attorney, Karl M. Ledebohm, Attorney At Law, send a collection letter to Plaintiff which he sent on November 19, 2002. A true and correct copy of the aforesaid collection letter is marked Exhibit "B" attached hereto and incorporated herein by reference thereto. 28. A second letter was allegedly sent by, Defendant Karl M. Ledebohm, on January 14, 2003; however, Plaintiff did not receive a copy until Defendants filed their collection suit in February of 2003. A true and correct copy of the aforesaid collection letter is marked Exhibit "C" attached hereto and incorporated herein by reference thereto. 29. During the year 2003, Plaintiff finally received notice of the annual 4 assessment and a coupon book for 2003 which enabled her to make the required payments and keep her own records. 30. To date Plaintiff has paid all dues and late charges that have been assessed against her since residing in AIlenview, but refuses to pay the unjust demand for attorneys fees/interest falsely represented and not authorized. III. Causes of Action Count 1 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Violation of the FDCPA) 31. Plaintiff incorporates by reference paragraphs 1 through 30 above as if set forth herein in full. 32. Defendant Karl M. Ledebohm is a debt collector as defined by the FDCPA, 15 U.S.C. § 1692a(6). Defendant Karl M. Ledebohm, t/d/b/a Karl M. Ledebohm, Attorney At Law, is a debt collector as defined by the FDCPA, 15 U.S.C. § 1692a(6). 33. The Defendant debt collector has violated the provisions of the FDCPA as follows: a. They have falsely represented the character, amount, and legal status of Plaintiff's debt, contrary to15 U.S.C. § 1692e(2). b. They have attempted to collect amounts that were not expressly authorized by the agreement or permitted by law, contrary to 15 U.S.C. § 1692f(1 ). c. They have engaged in abusive, deceptive, and unfair debt collection practices, contrary to 15 U.S.C. § 1692(f). 34. Moreover, Defendant debt collector has violated the FDCPA in his course of conduct with the plaintiff. Defendant's violations include, but are not limited to, the following: a. Defendant directly and/or through his agents and employees, violated 15 U.S.C. § 1692c by communicating with Plaintiff when Defendant knew she was represented by an attorney with respect to such debt. b. Defendant directly and/or through his agents and employees, violated 15 U.S.C. § 1692e by making or causing to be made false, deceptive and misleading representations to plaintiff in connection with defendant's debt collection efforts including: i. false representations as to the character, amount and/or legal status of alleged debt; ii. false representations as to the compensation which may be lawfully received by said defendant for the collection of alleged debt; iii. false representations and implications to plaintiff that plaintiff had committed conduct that disgraced plaintiff or would disgrace plaintiff; Defendant directly and/or through his agents and employees violated 15 U.S.C. § 1692f in his conduct with plaintiff by using unfair and unconscionable means to collect and/or attempt to collect debt allegedly owed by plaintiff, including: i. collection of interest, attorneys fees and collection costs and other unidentified expenses not expressly authorized by the agreement creating the debt or otherwise permitted by law. ii. Defendant violated 15 U.S.C. § 1692g by failing to provide adequate notice of the plaintiff's right to challenge the validity of the alleged debt. iii. As a result of the above violations of the FDCPA, Defendant is liable to plaintiff for her actual damages, including out of pocket losses and emotional distress, statutory damages of $1000.00, and costs and attorneys fees. 35. The foregoing acts and omissions of Defendant constitute violations of the FDCPA, including, but not limited to, 15 U.S.C. §§ 1692c, 1692d, 1692e, 1692f and 1692g. 36. Plaintiff is entitled to recover statutory damages, actual damages, reasonable attorney's fees and costs. WHEREFORE, Plaintiff respectfully requests that Judgment be entered against the Defendant in the amount of: (a) (b) (c) (d) Plaintiff's actual damages; $1,000.00 statutory damages, pursuant to 15 U.S.C. § 1692k; costs and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k; such other and further relief as the court deems just and equitable. Count 2 Plaintiff vs. Defendants Karl M. Ledebohm And Karl M. Ledebohm, Attorney At Law (Violation of the CPL) 37. Plaintiff incorporates by reference paragraphs 1 through 36 above as if set forth herein in full. 38. Defendant is a debt collector as defined by 37 Pa. Code § 303.2. 6 39. Plaintiff is a debtor as defined by 37 Pa. Code § 303.2. 40. The Defendant has violated the provisions of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., and the Regulations promulgated to enforce that Law at 37 Pa. Code § 303.1 et seq. (herein CPL) by falsely representing the character, extent, and amount of Plaintiff's debt and the fee related to that debt, contrary to 37 Pa.Code § 303.3(3). 41. In his course of conduct set forth above, the Defendant directly and through his agents and/or employees violated the regulations of the Pennsylvania Code concerning debt collection including but not limited to a. making or causing to be made false representations regarding the nature of the contact or communication to the Plaintiff; b. making or causing to be made false representations regarding the amount of the debt and/or fees legally allowed to be imposed on debt allegedly owed by Plaintiff; c. making or causing to be made false representations regarding the source, authorization or approval of acceleration of the debt; d. representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; e. causing expense to Plaintiff for contact or communication before the true purpose of the contact or communication is known to Plaintiff or by concealment or misrepresentation of the true purpose of the contact or communication; f. use of language and threats the natural consequence of which is to abuse, g. conveying credit information which is known or should be known to be false; and h. failure to comply with the validation provisions of the FDCPA; 42. The foregoing acts and omissions constitute unfair or deceptive and/or unconscionable trade practices made unlawful pursuant to Pennsylvania Code Section 303.1 et. seq.. 43. The Defendant's conduct in relation to Plaintiff as set forth above also constitutes deceptive conduct creating a likelihood of confusion or misunderstanding. 44. As a result of the Defendant's actions set forth above, Plaintiff has 7 sustained ascertainable financial losses including the imposition of illegal and unwarranted charges for "interest", attorneys fees and collection cost on the debts, and expenses in seeking counsel including travel costs in addition to emotional distress. 45. Plaintiff is entitled to recover her actual damages, her actual damages trebled, plus reasonable attorney's fees and costs. WHEREFORE plaintiff asks this Honorable Court to (a) enter judgment in favor of plaintiff Debtor against defendant Collector in the amount of her actual damages, plus $1,000.00 statutory damages for defendant's FDCPA violations; (b) enter judgment against the defendant for three times the plaintiff's actual damages pursuant to the Pa. UTPCPL; (c) award counsel for plaintiff reasonable attorneys fees and costs; and (d) grant such other relief as is just and proper. Count 3 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Fraud and Misrepresentation) 46. Plaintiff incorporates by reference paragraphs 1 through 45 above as if set forth herein in full. 47. The actions of Defendant as alleged herein were done intentionally and with the intent of Defendant to deceive Plaintiff. Defendant's specific statements and actions in claiming entitlement to unauthorized fees, appearing in court and requesting attorney's fees constitute acts of fraud and misrepresentation committed by Defendant. Hence, Plaintiff is entitled to recover her actual as well as punitive damages in an amount to be proven at trial. relief: (a) (b) (c) (d) (e) (f) WHEREFORE, Plaintiffs pray that this Honorable Court grant the following Award her actual damages; Award her punitive damages; Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; Award her reasonable attorney's fees; Award her costs; and Grant such other and further relief as it deems just and proper. Count 4 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Abuse of Process) 48. Plaintiff incorporates by reference paragraphs 1 through 45 above as if set forth herein in full. 49. The Defendant filed suit in the Court of Common Pleas of Cumberland County, Pennsylvania against named Plaintiff, alleging that the Plaintiff herein owed to client creditor of Defendant certain association dues, interest and late fees and specifically demanded assessment of attorney's fees against named Plaintiff. 50. The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 49 by using it for the ulterior motive or purpose of collecting unauthorized attorney's fees from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation. 51. In the issuance of process and litigation for the ulterior motive of collecting unauthorized attorney's fees, the Defendant committed a willful act that was not proper in the use of such process. 52. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injuries and damages include payment of unauthorized attorney's fees, court costs, loss of wages, mental and emotional distress, physical pain, humiliation, and embarrassment. 53. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her punitive damages; (c) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (d) Award her reasonable attorney's fees; (e) Award her costs; and (f) Grant such other and further relief as it deems just and proper. Count 5 Plaintiff vs. Defendant Allenview Homeowners Association (Violation of the CPL) 54. Plaintiff incorporates by reference paragraphs 1 through 45 above as if set forth herein in full. 55. The Defendant has violated the provisions of the CPL by falsely representing the character, extent, and amount of Plaintiff's debt and the fee related to that debt, contrary to 37 Pa. Code§ 303.3(3). 56. The Defendant's conduct in relation to Plaintiff also constitutes deceptive conduct creating a likelihood of confusion or misunderstanding, including but not limited to: a. failing to provide notice of annul assessments or to provide information requested by Plaintiff regarding the association dues; h. making or causing to be made false representations regarding the amount of the dues and/or fees legally allowed to be imposed on dues allegedly owed by Plaintiff; i. making or causing to be made false representations regarding the source, authorization or approval of acceleration of the dues and the imposition of attorneys fees; j. representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; k. causing expense to Plaintiff for contact or communication before the true purpose of the contact or communication is known to Plaintiff or by concealment or misrepresentation of the true purpose of the contact or communication; I. failing to provide notice to Plaintiff or comply with Plaintiff's request in violation of Defendant's covenants, by-laws and customary practices. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount sufficient to compensate her for damages incurred by her, including (a) Actual damages; (b) Statutory damages pursuant to 15 U.S.C. § 1692k; (c) Statutory damages pursuant to 73 P.S. § 201 - 9.2, including treble damages; (d) Attorneys' fees and costs; (e) Such other and further relief as the Court deems proper. 10 Count 6 Plaintiff vs. Defendant Allenview Homeowners Association (Abuse of Process) 57. Plaintiff incorporates by reference paragraphs 1 through 45 above as if set forth herein in full. 58. The Defendant filed suit in the Cumberland County Court of Common Pleas, Pennsylvania against named Plaintiff, alleging that the Plaintiff herein owed to and Defendant was entitled to an amount of dues owed to Defendant and specifically demanded assessment of attorney's fees against named Plaintiff. 59. The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 58 by using it for the ulterior motive or purpose of collecting dues that had already been paid and unauthorized attorney's fees from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation. 60. In the issuance of process and litigation for the ulterior motive of collecting paid dues and unauthorized attorney's fees, the Defendant committed a willful act that was not proper in the use of such process. 61. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injuries and damages include payment of collected dues and unauthorized attorney's fees, court costs, loss of wages, mental and emotional distress, physical pain, humiliation, and embarrassment. 62. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her punitive damages; (c) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (d) Award her reasonable attorney's fees; (e) Award her costs; and (f) Grant such other and further relief as it deems just and proper. Dated: Respectfully submitted, Steph~n K. Portko, Esq. #34§38 Bratic & Portko 101 South U.S. Route '15 Dillsburg, Pennsylvania17019 (717) 432-9706 Attorneys for Plaintiff 12 VERIFICATION I, Deborah L. Graham, hereby acknowledge that I am Plaintiff in the foregoing Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DATE:~ Deborah L. Graham ALLENVIEW HOMEOWlqERS ASSOCIATION JACK GAUGHEN REALTOR ERA-PROPERTY MANAGEMENT 3915 Market Street, Camp Hill, PA 17011 Phone:612-5165 Fax: 761-1495 August1,2001 Ms. Debra Graham 902 Allenview Drive Mechanicsburg, PA 17055 Dear Ms. Graham: According to our records, your association dues remain unpaid since March, 2001. If the amount of $459.38 is not paid by the end of August, 2001, your account will be turned over to the Association's attorney for collection. To avoid attorney's fees added to your association dues, please pay the $459.38 before the end of August. If the amount is in question, please feel free to give me a call at (717)612-5165. Very truly yours, Betty Fitzpatrick Property Manager KARL M. I.EDEBOHM Attorney-At-Law p.O. Box 173 ~ cUMbERLAND, PA 17070-0173 phone: (717) 938-6929 Fax: (717) 938-69.7.9 November 19, 2002 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL Deborah Graham 002 Allcnview Drive Mechanicsburg, PA 17055 RE: Delinquent Homeowner's Association Dues - Property: 902 Allenview Drive. Mechanicsburg PA Dear Ms. Graham: Pursuant to the Fair Debt Collection practices Act, I am required to inform you that this letter is an attempt to collect a debt and any information obtained will be used for that purpose. An important notice of rights is stated on the back side of this letter. Thc Allenview Homeowner'S Association ( the "Association") has referred to my office the collection of the delinquent Association dues regarding the above-reterenced property..As a result of your failure to pay to the Association the Dues for June. July and August and September, October and November 2002. the Association hereby exercises its rights under thc Covenants and Restrictions of Record to accelerate all dues assessed aoainst the above property in the amount of $761.48 for 2002 through February _00.~ and hereby demands payment itemized as follows: 1. Dues for June - August 2002 2. Dues for September - November 2002 3. Dues for December 2002 - Februaryr 2003 208.01~ 208.00 12.48 4. Late Charges 25.0O 6. Attorney's fees Total due to thc Association $761.48 as of November 19, 2002 Demand is hereby made for thc payment of the $761.48 to the Association within thirty (30) days of the date of this letter. In the event you do not pay the above amount within thirty (30) days of the date of this letter, in full, plus interest to the: date of payment, I have advised the Association to file suit against you for the collection of the amounts due to the Association without further notice. In such event, the amount which you owe to the Association may increase by such amounts as additional interest, court costs, sheriff's fees as well as any reasonable attorney's fees incurred by the association. If you do not want the Association to sue you, Please contact Betty Fitzpatrick at 612- 5165 with'in thirty (30) days of this letter to arrange payment. /Karl M. Ledebohm / cc: Betty Fitzpatrick Property Manager KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 71%938-6929 Fax: 717-932-0317 Deborah Graham 902 Ntenview D~ve Mechanicst~urg, PA 17055 January14,2003 Re: Delinquent Homeowner's As~,ociation Dues- Property: ~02 Ailenview Drive Dear Ms. Graham: iNFO,...P..U_R?U_ANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I ~ You THAT THIS LET'r-mR AND ANY 8UB~ AM REQ.U_IRED TO EgiUENT CORRESPONDENCE Or~ COMMUNICATION IS AN A'r'TEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. As you know, the A#enview Ho~tleOwner's AssociaUon ( the "Association") has referred to my Office the collection Of the delinquent Association Dues regarding the above referenced property(the 'Pmbeny"), By letter datecl November 19, 2002, a copy of which is again encJosed tor your reference, the Association accelerated all duas assessed against the Property for 2002 through February 2003 and demanqed the payment of all dues due to the ~ation in the amount of $761.48. On December 6, 2002, the Association received and applied a papal payment to the amounts clue to the Association in the amount of $208.00. The above payment has been applied to the amounts which you owe to the Association as a partial payment without waiver of any demand for the payment of all amounts due to the Association and without postponement of any rights or remedies available to the Association to collect the balance of the indebtedness without further notice. The above paotal payment has baen applied to the amounts due as follows: 1. Legal fees 2. Late Charges $125.00 12.48 3. Dues for June through August 2002 70.52 4. Total amount applied $208.00 After the application of the above partial payment the amount which you now owe to the Association is $853.48 itemized as follows: 1. Balance of Dues for June through August 2002 $137.48 2. Dues for SelXembar- November 2002 3. Dues for December 2002 - Febnml7 2003 208.00 4. Legal fees 208.00 ,.300.00 5. Total due to the Association as of 1/14/03 $853.48 Tbe Association continues to demand the immediate payment of the $853.48. Failure to deliver payment in the amount of $853.48 to the ~on immediately will result m the filing of a legal action against you to collect the further notice, balance of the inqe~edness due to the AssoCiation w~thout Interest, legal fees and costs continue to acc:me on the abeve obligation. EXAqBIT "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH J. GRAHAM Plaintiff Vo THE ALLENVIEW HOMEOWNERS ASSOCIATION and : KARL M. LEDEBOHM and : KARL M. LEDEBOHM, T/D/B/A : KARL M. LEDEBOHM, Attorney At Law: Defendants : : CIVIL ACTION NO. 03-5713 : : CERTIFICATE OF SERVICE I HEREBY CERTIFY, that ! served a true and correct copy of the PLAINTIFF'S COMPLAINT in the above captioned matter upon the individual listed below by depositing a true and correct copy of the same in the U.S. Mails postage prepaid, addressed to: Karl M. Ledebohm, Esquire Karl M. Ledebohm, Attorney At Law 90A Fetrow Lane New Cumberland, PA 17070 The Allenview Homeowners Association C/o Betty Fitzpatrick, Association Manager Jack Gaughen Realtor ERA 3915 Market Street Camp Hill, PA 17011 Date: 101 South U.S. Route 15 Dillsburg, PA 17019 DEBORAH GRAHAM, Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL LEDEBOHM, ESQUIRE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5713 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendant, Karl M. Ledebohm, Esquire, in the above-captioned. Dated: Respectfully submitted, McKissock & Hoffman, P,C. LD. No.: 75002 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (? 17) 540-3400 Attorneys for Defendant, Karl M. Ledebohm, Esquire CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Stephen Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (Counsel for Plaintiff) McKissock & Hoffman, P.C. identification No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Karl M. Ledebohm, Esquire McKISSOCK & HOFFMAN, P.C. By: EDWIN A.D. SCHWARTZ, ESQUIRE I.D.: 75902 2040 LINGLESTOWN ROAD, SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 ATTORNEYS FOR DEFENDANT KARL M LEDEBOHM, ESQ. DEBORAH GRAHAM, Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL LEDEBOHM, ESQUIRE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5713 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE To Plaintiff: Deborah Graham C/o Stephen Portko 101 South U.S. Route 15 Dillsburg, PA 17019 You are hereby notified to file a written response to the enclosed Preliminary Objections within 20 days from service hereof or a default judgment may be entered against you. PRELIMINARY OBJECTIONS OF DEFENDANT, KARL M. LEDEBOHM TO PLAINTIFF'S COMPLAINT Defendant, Karl M. Ledebohm, (hereinafter referred to as "Defendant"), by and through his counsel, McKissock & Hoffman, P.C., hereby files these Preliminary Objections to Plaintiff's Complaint and, in the support thereof, avers as follows: PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO PLAINTIFF'S COMPLAINT FOR FAILURF TO STATE A CAUSE OF ACTION FOR WHICH THE RELIEF SOUGHT MAY BE GRANTED PURSUANT TO PA.R.C.P 1028(A)(4) 1. Throughout Plaintiff's Complaint, Plaintiff alleges that the actions and/or omissions of Defendant somehow constituted a violation of Fair Debt Collection Practices Act, 15 U.S.C. {}1692, (hereinafter "FDCPA") and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1, et seq., (hereinafter "UTPCPL"). 2. Specifically, in paragraph 33 of Plaintiff's Complaint, Plaintiff alleges that Defendant "falsely represented the character, amount and legal status of Plaintiff's debt", "attempted to collect amount that were not expressly authorized by the agreement" and "engaged in abusive, deceptive and unfair debt collection practices". See Plaintiff's Complaint ¶33(a),(b) and (c). 3. Furthermore, Plaintiff alleges that Defendant: (a) communicated with Plaintiff directly when Defendant knew of Plaintiff's representation by legal counsel; (b) (c) made or caused false, deceptive and misleading representations to Plaintiff, including: (i) the character, amount and/or legal status of the alleged debt; (ii) the compensation which may be lawfully received by said defendant for the collection of the alleged debt; (iii) false representations and implications to Plaintiff that Plaintiff had committed conduct that disgraced Plaintiff. used unfair and unconscionable means to collect and/or attempt to collect debt owed by Plaintiff, including: (i) collection of interest, attorneys fees and collection costs; and (ii) failing to provide adequate notice to Plaintiff. See Plaintiff's Complaint, ¶34. 4. Notwithstanding Plaintiff's laborious pleadings efforts, not one single allegation of fact as set forth in the body of Plaintiff's Comp aint supports any of the alleged violations as set forth in paragraphs 33 and 34 of Plaintiff's Complaint. 5. When viewed as a whole, Plaintiff's Complaint fails to state a claim for which relief may be granted under either the FDCPA and/or UTPCPL 6. Furthermore, in the event this Honorable Cour~ determines there to be sufficient factual inference as set forth in Plaintiff's Complaint to survive Defendant's instant Preliminary Objections, Defendant submits that all Plaintiff's allegations are patently false and are expressly contradicted by the documentation (AIlenview Homeowners Association Covenants and Restrictions) and law applicable (68 P.S. 3301, et seq.) in this case. Therefore, Defendant herein respectfully submits that Plaintiff's instant action is an abuse of civil process and is nothing more than an attempt to avoid payment of a proper debt. As such, Defendant specifically reserves his rights to proceed against Defendant at the conclusion of this matter. 7. Plaintiff's Complaint is legally deficient, in that, Plaintiff is seeking redress for claims for which relief may not be granted under the averments and allegations as set forth in Plaintiff's Complaint. Field v. Philadelphia Electric Co., 388 Pa. Super. 400, 565 A.2d 1170 (1959); Cloverleaf Development, Inc. v. Horizon Financial, 347 Pa. Super. 75, 500 A.2d 163 (1985). WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's Complaint with prejudice, or in the alternative striking Counts 1 and 2 of Plaintiff's Complaint, and grant all further relief as this Honorable Court may deem proper and just. Furthermore, Defendant respectfully reserves his right to proceed against Plaintiff and Plaintiff's counsel for initiating, commencing and proceeding with the instant frivolous action and further preserves his right to seek all costs and attorney's fees associated with the defense of this matter. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO PLAINTIFF'S COMPLAINT FOR FAILURF TO STATE A CAUSE OF ACTION FOR WHICH THE RELIEF SOUGHT MAY BE GRANTED PURSUANT TO PA.R.C.P 1028(A)(4) 8. The averments in paragraphs 1 through 7 of Defendant's Preliminary Objections are incorporated hereJn by reference. 9. In Counts 3 and 4 of Plaintiff's Complaint, Plaintiff attempts to set forth claims for fraud, misrepresentation and abuse of process. 10. Notwithstanding Plaintiff's creative efforts in pleading causes of action where none actually exist, a cursory review of Plaintiff's Complaint as a whole reveals a complete lack of support for such claims. Not one single allegation of fact as set forth in the body of Plaintiff's Complaint supports any finding the Defendant acted fraudulently toward Plaintiff or that Defendant misrepresented any fact to Plaintiff or that Defendant's action in seeking payment of the sums due and owing from Plaintiff was an "abuse". 11. When viewed as a whole, Plaintiff's Complaint, specifically Counts 3 and 4, fails to state a claim for which relief may be granted. 12. Furthermore, in the event this Honorable Court determines there to be sufficient factual inference as set forth in Plaintiff's Complaint to survive Defendant's instant Preliminary Objections, Defendant submits that all Plaintiff's allegations are patently false and are expressly contradicted by the documentation (AIlenview Homeowners Association Covenants and Restrictions) and law applicable (68 P.S. 3301, et seq.) in this case. Therefore, Defendant herein respectfully submits that Plaintiff's instant action is itself an abuse of civil process and is nothing more than an attempt to avoid payment of a proper debt. As such, Defendant specifically reserves his rights to proceed against Defendant at the conclusion of this matter. 13. Plaintiff's Complaint is legally deficient, in that, Plaintiff is seeking redress for claims for which relief may not be granted under the averments and allegations as set forth in Plaintiff's Complaint. Field v. Philadelphia Electdc Co., 388 Pa. Super. 400, 565 A.2d 1170 (1989); Cloverleaf Development, Inc. v. Horizon Financial, 347 Pa. Super. 75, 500 A.2d 163 (1985). WHEREFORE, Defendant, Kad M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's Complaint with prejudice, or in the alternative striking Counts 3 and 4 of Plaintiff's Complaint, and grant all further relief as this Honorable Court may deem proper and just. Furthermore, Defendant respectfully reserves his right to proceed against Plaintiff and Plaintiff's counsel for initiating, commencing and proceeding with the instant frivolous action and further preserves his right to seek all costs and attorney's fees associated with the defense of this matter. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO PLAINTIFF'S COMPLAINT FOR FAILURF TO STATE A CLAIM FOR WHICH PUNITIVE DAMAGES MAY BE AWARDED PURSUANT TO PA.R.C.P. 1028(a)(4) 14. The averments in paragraphs 1 through 13 of Defendant's Preliminary Objections are incorporated herein by reference. 15. In Plaintiff's Complaint, Plaintiff seeks an award of punitive damages. 16. Plaintiff sets forth a bald, unsupported request for punitive damages. Specifically, Plaintiff fails, and is unable, to set forth any factual averments required by law to support such a claim. 17. Plaintiff fails and is unable to set forth any legal authority to support Plaintiff's bald, unsupported claim for punitive damages. Absent statutory authority or any credible theory of law (which instantly is specifically absent) Plaintiff cannot, as a matter of law, recover punitive damages. 18. Plaintiff's bald and unsupported claim for punitive damages is unintelligible and insufficiently specific to allow Defendant to formulate a response or defense thereto and therefore must be dismissed under Pa.R.C.P. 1028(a)(3). Although Plaintiff's specific basis for her claim is unknown, Plaintiff certainly fails and is unable to allege factual allegations which support a claim of outrageous conduct or conduct with an evil motive or reckless indifference to the rights of others. Therefore, Plaintiff cannot, as a matter of law, sustain an action for punitive damages, and thus, the demand for punitive damages must be dismissed. Chambers v. Montqomery, 411 Pa. 339, 192 A.2d 355 (1963); Feld v. Merdarq, 506 Pa. 383, 485 A.2d 742 (1984). 19. For all reasons as set forth in the above Objections, Plaintiff's Complaint is technically and legally deficient, and as such fails to set forth any claims which would warrant an award of punitive damages. WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's Complaint with prejudice and grant all further relief as this Honorable Court may deem proper and just. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFF'S COMPLAINT FOR FAJLURF TO COMPLY WITH PENNSYLVANIA RULES OF CIVIL PROCEDURF 20. The averments in paragraphs 1 through 19 of Defendant's Preliminary Objections are incorporated herein by reference. 21. Plaintiff's Complaint is replete with violations of the Pennsylvania Rules of Civil Procedure. Specifically, Plaintiff's pleadings violates the Rules of Procedure in that: Plaintiff's Complaint does not set forth the specific material facts upon which the alleged cause of action is based. See Pa.R.C.P. 1019(a); Plaintiff's Complaint does not set forth its averments of fraud and/or misrepresentation with the requisite specificity. See Pa.R.C.P. 1019(b); Plaintiff's Complaint does not state whether the amount sought for relief exceeds the jurisdictional amount requiring arbitration; See Pa.R.C.P. 1021(c). 22. Pursuant to Pa.R.C.P. 1028(a)(2), a preliminary objection may be filed to pleading which does not conform to law or a rule of court. WHEREFORE, Defendant, Kad M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's Complaint with prejudice and further award Defendant all such other relief as is proper and just. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS' COMPLAINT FOR LACK OF SPECIFICITY PURSUANT TO PA.R.C.P. 1019(a) AND 1028(a)(2)&{3) 23. The averments in paragraphs 1 through 22 of Defendant's Preliminary Objections are incorporated herein by reference. 24. The Pennsylvania Rules of Civil Procedure require that the material facts upon which a cause of action is based be stated in "a concise and summary form." 42 Pa.R.C.P. 1019(a). 25. The Pennsylvania Rules of Civil Procedure permit Preliminary Objections to a pleading which dces not conform to law or rule of court. 42 Pa.R.C.P. 1028(a)(2). 26. The Pennsylvania Rules of Civil Procedure permit Preliminary Objections to be filed where there is insufficient specificity in pleading. 42 Pa.R.C.P. 1028(a)(3). 27. Pennsylvania law requires a plaintiff to plead sufficient facts to afford a defendant notice of plaintiff's claims and alleged damages as well as to inform defendant of the relevant issues. 28. Plaintiff's Complaint is fatally deficient in that it lacks a clear and concise statement of material facts which are alleged to serve as the basis for Plaintiff's claims against Defendant. 29. A review of Plaintiff Complaint reveals that the only paragraphs in the body of Plaintiff's Complaint which set forth any factual averments pertaining to Defendant, Karl M. Ledebohm are paragraphs 27 and 28. 30. Despite Plaintiff's pleading of various allegations against Defendant Karl M. Ledebohm in Counts 1 through 4 of Plaintiff's Complaint, there are n._Qo facts pled anywhere in the Complaint which support the contentions of malfeasance as alleged against Defendant, Karl M. Ledebohm. 31. Furthermore, Plaintiff's Complaint is replete with vague, ambiguous and unspecific allegations of negligence and damage. 32. Specifically, in paragraphs 34, 35 and 41 of Plaintiff's Complaint Plaintiff qualifies her allegations against Defendant with an open-ended phrase of "including but not limited to". 33. This vague and ambiguous qualification of Plaintiff's allegations by use of "including but not limited to" would possibly lead to the future amplification of Plaintiff's claims against Defendant after the expiration of the applicable statute of limitation. This possible future amplification of claims by use of vague and unspecific language has been found to impermissible in pleadings. Conner v. Alle,qheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983); See also Pa.R.C.P. 1028(a)(2)~(3). 34. Furthermore, due to Plaintiff's inclusion of allegations of fraud and false representations, Plaintiff is obligated to plead such allegations with particularity. See Pa.R.C.P. 1019(b). 35. Plaintiff's Complaint is void of any particular allegations of fact in support of Plaintiff's claims of fraud and false representation against Defendant Karl M. Ledebohm. 36. Absent a clear and concise pleading of the relevant facts (and particular facts in support of fraud claims) which Plaintiff is dependent upon as the basis for their claims against Defendant, Defendant cannot provide a knowing and intelligent response to Plaintiffs' Complaint. WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing P ant ff's Complaint with prejudice and further award Defendant all such other relief as is proper and just. Respectfully submitted, Edwin A.D. Schw,~quire I.D. No.: 75902 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Karl M. Ledebohm, Esquire CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Preliminary Objections upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Stephen Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (Counsel for Plaintiff) McKissock & Hoffman, P.C. Edwin A.D. Schwe,~7~'Es'quire Identification No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Karl M. Ledebohm, Esquire Dated: DEBORAH L. GRAHAM, Plaintiff VS. THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM t/d/b/a KARL M. LEDEBOHM, Attorney at Law, Defendants ) ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5713 CIVIL CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant The Allenview Homeowners Association. Date: December 19, 2003 Respectfully submitted, ~AEL L. B~ (I.D. ~41263) B~gs Law Offic~/ 302 Sou~ 18~ S~eet C~p Hill, PA 17011 (717) 730-7310 DEBORAH L. GRAHAM, Plaintiff VS. THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM t/d/b/a KARL M. LEDEBOHM, Attorney at Law, Defendants ) ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5;713 CIVIL CIVIL ACTION - LAW PRELIM/NARY OBJECTIONS OF DEFENDANT THE ALLENVIEW HOMEOWNERS ASSOCIATION TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant The Allenview Homeovmers Association by and through its attorney, Michael L. Bangs, Esquire, and in support thereof :files the following Preliminary Objections: 1. Defendant The Allenview Homeowners Association ("Allenview') demurs to Count V of the Complaint because Defendant Allenview is not a collector under the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692, et seq. 2. Defendant Allenview demurs to Count V of the Complaint because Defendant Allenview is not subject to the Unfair Trade Practices Act as alleged in Plaintiffs Complaint. 3. Defendant Allenview demurs to the claim for the imposition of attorney's fees. 4. Defendant Allenview demurs to Plaintiff's request for damages pursuant to 15 U.S.C. Section 1692(k). 5. Defendant Allenview demurs to Count VI of the Complaint, specifically the claim for mental and emotional distress, physical pain, humiliation, and embarrassment in that those actions are not permissible under the "Abuse of Process" claim. 6. Defendant Allenview demurs to Count VI of the Complaint, specifically Plaintiff's request for punitive damages under Count VI. 7. Defendant Allenview demurs to Plaintiff's request for attorney's fees under Count VI (Abuse of Process). Respectfully submitted, ~ICHAEL L. BANGS ~. #41263) Attorney for Allenviewq-Iomeowners Association Bangs Law Office 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing PRELIMINARY OBJECTIONS by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Stephen K. Portko, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 DATE: Edwin A. Schwartz, Esquire McKissock & Hoffman 2040 Linglestown Rogd Harrisburg, PA 1711p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, T/D/B/A : CIVIL ACTION NO. 03-5713 _. _. : ._ KARL M. LEDEBOHM, Attorney At Law: Defendants : NOTICE 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 and notice are 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 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a 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, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law pmvisiones de esta demanda. Usted puede perder dinem o sus pmpiedades u otms derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFIClENTE DE PAGAR TAL SERVlCO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECClON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, TIDIBIA KARL M. LEDEBOHM, Attorney At Law Defendants : CIVIL ACTION NO. 03-5713 . . FIRST AMENDED COMPLAINT I. Parties 1. Plaintiff Deborah L. Graham is an adult individual, residing at 902 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Karl M. Ledebohm and Karl M. Ledebohm t/d/b/a Karl M. Ledebohm, Attorney At Law, (herein "debt collector") is, to the best of Plaintiff's knowledge, an individual and sole proprietorship, with his business offices at 90A Fetrow Lane, New Cumberland, Pennsylvania 17070 and mailing address at P.O. Box 173, New Cumberland, PA 17070. 3. Defendant The Allenview Homeowners Association (herein "Association") is, to the best of Plaintiff's knowledge, a residential unit owner's association and non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 3915 Market Street, Camp Hill, PA 17011. 4. Plaintiff is a "consumer" within the meaning of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., (herein FDCPA) and a "debtor" within the meaning of Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., and the Regulations promulgated to enforce that Law at 37 Pa. Code § 303.1 et seq. (herein CPL). 5. Defendant Karl M. Ledebohm and/or Defendant Karl M. Ledebohm t/d/b/a Karl M. Ledebohm, Attorney At Law is a "debt collector" within the meaning of the FDCPA and the CPL, and acted at the direction of and on behalf of Defendant Allenview Homeowners Association. II. Factual Allegations 6. On or about December 28, 2000, Plaintiff purchased a townhouse residence located at 902 Allenview Drive, Mechanicsburg, PA. 7. Plaintiff's townhouse residence is part of a planned residential development known as Allenview which community development is maintained and preserved by the Defendant, Allenview Homeowners Association [hereinafter "Allenview"]. 8. Defendant Allenview is authorized to collect an annual assessment from the residents of Allenview to pay for the maintenance and preservation of the planned residential development. 9. At all times relevant hereto, the annual assessment collected by Defendant Allenview was collected in quarterly installments by sending a coupon book that contained the assessment information and due dates. 10. Defendant Allenview is required to send written notice of the annual assessment at least 30 days in advance of such date or period and Defendant's Board of Directors has authorized collection of dues in quarterly installments by sending coupon books containing the quarterly assessment and due dates. 11. Plaintiff purchased her townhouse residence on December 28, 2000, at which time dues were paid in full through February of 2001. Thereafter, Plaintiff did not receive any notice of the 2001 annual assessment nor did she receive a coupon book for the quarterly payments commencing on March 1, 2001. 12. The only notice or communication Plaintiff received from Defendant Allenview regarding the 2001 association dues was a demand letter dated August 1, 2001 from Betty Fitzpatrick, Defendant's Property Manager, for unpaid dues of $459.38. A true and correct copy of the letter is marked Exhibit "A" attached hereto and incorporated herein by reference thereto. 13. Upon receipt of the aforesaid letter and in reply to Defendant's demand for late dues of $459.38, Plaintiff contacted the property manager by phone and in writing and requested a copy of the assessment and coupon book for the association dues; Defendant assured Plaintiff that the information and a coupon book would be sent to her so that Plaintiff could make payments. 14. Despite Defendant's promise to send the information and coupon book that would provide Plaintiff with the proper method for paying dues, when no coupon book or assessment notice for the year 2001 had arrived by August 31, 2001, Plaintiff went ahead and sent payment of the requested $459.38. 15. On or about November 16, 2001, Plaintiff again contacted Defendant Allenview because she had not received the coupon book or any information on the association dues and Plaintiff was given the amount due over the phone and assured once again that a coupon book would be forthcoming. 16. As a result, on November 16, 2001, Plaintiff sent payment in the amount of $231.92 which Defendant Allenview had verbally claimed was due. 17. Contrary to Defendant's repeated assurances, Plaintiff never received a coupon book or assessment information for the year 2001; and then on or about January 23, 2002, Plaintiff received another letter from Defendant Allenview advising Plaintiff about unpaid dues and a late charge that was being added. 18. Concerned about Defendant's failure to send the coupon book and alarmed when Defendant added late charges to association dues that Plaintiff never received notice of, Plaintiff immediately went to Defendant's business location on January 23, 2002 to speak with the manager and inspect the assessment roster or obtain the previously requested information. 19. At the aforesaid time and place, Plaintiff attempted to resolve the problems she was experiencing due to Defendant's neglect to provide notice of association dues; however, the property manager was not available to speak with her and no one at Defendant's place of business would allow Plaintiff to inspect the assessment roster or obtain related information. 20. Thereafter, Defendant's property manager contacted Plaintiff to advise her that they would only be able to provide a coupon book for the upcoming year and that this coupon book would not be available until sometime in March of 2002. 21. In disregard of the previous attempts and efforts Plaintiff made to obtain 3 a coupon book or information about the 2001 association dues, Defendant Allenview again failed to properly notify Plaintiff when it neglected to send the required assessment notice or a coupon book for the dues assessed in 2002. 22. The only notice that Plaintiff received was whenever Defendant Allenview sent notice that late charges had been added. 23. On or about June 28, 2002, Plaintiff contacted Defendant Allenview and again inquired why she had not receive a coupon book or written validation for the 2002 quarterly dues but Defendant gave no explanation except to apologize and verbally notify Plaintiff that $444.08 was the amount showing due. 24. Plaintiff agreed to pay $444.08 but demanded that they either send her a coupon book or written validation so that she could keep record and make timely payment otherwise she would make no further payments; agreeably, Defendant Allenview promised to send the requested coupon book. 25. The problems experienced by Plaintiff regarding Defendant's failure to send notices or coupon books or to disclose assessment records were repetitive and ongoing despite Plaintiff's efforts to resolve these matters. 26. Each time Plaintiff complained to Defendant Allenview that she was not receiving assessment notices or quarterly statements, Defendant promised they would correct the problem but then never did. 27. Disregarding their obligation to send notice of the yearly dues or fulfill their promises to send the coupon books, Defendant Allenview had their collection attorney, Karl M. Ledebohm, Attorney At Law, send a collection letter to Plaintiff which he sent on November 19, 2002. A true and correct copy of the aforesaid collection letter is marked Exhibit "B" attached hereto and incorporated herein by reference thereto. 28. A second letter was allegedly sent by, Defendant Karl M. Ledebohm, on January 14, 2003; however, Plaintiff did not receive a copy until Defendants filed their collection suit on February 19 2003. A true and correct copy of the aforesaid collection letter is marked Exhibit "C" attached hereto and incorporated herein by reference thereto. 29. During the year 2003, Plaintiff finally received notice of the annual 4 assessment and a coupon book for 2003 which enabled her to make the required payments and keep her own records. 30. On February 17, 2003, Plaintiff sent written request to Defendant Allenview again requesting a copy of the assessment and coupon book for 2002 which went unanswered by Defendant. 31. To date Plaintiff has paid all dues and late charges that have been assessed against her since residing in Allenview, but refuses to pay the unjust demand for attorneys fees/interest falsely represented and not authorized. 32. As is alleged hereinabove, defendants Ledebohm and Allenview have, and are, engaged in the practice of collecting attorney's fees against homeowners prior to legal action being filed. Such practice is wrongful and unlawful in that such fees are assessed prior to action being instituted or judgment issued by the court. 33. Defendants Ledebohm and Allenview have employed the acts and practices described hereinabove deliberately, willfully, and for the specific purpose, intent, and ulterior motive of maximizing the amount of recovery against homeowners and preventing said homeowners from either contesting the validity of the charges, defending against the lawsuit, or challenging actions taken to enforce the claim for dues and attorneys fees. Accordingly, such practices constitute an intentional misuse of the judicial system, and an abuse of process. 34.The defendants are aware that it is cost prohibitive for homeowners to present a defense in a relatively minor collection action. The defendants are further aware that most homeowners lack the knowledge and sophistication to know and understand their rights and obligations with respect to the imposition and collection of association dues, such that any homeowner who receives a demand letter from an attorney is likely to conclude that no defensive action is reasonably available. 35.As a result of the abusive practices described above, Plaintiff has suffered damages, including monetary damages and losses, humiliation, anxiety, and severe emotional distress. In the issuance of process and litigation for the ulterior motive of collecting unauthorized attorney's fees, the Defendants committed a willful act that was not proper in the use of such process. 5 II1. Causes of Action Count 1 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Violation of the FDCPA) 36. Plaintiff incorporates by reference paragraphs 1 through 35 above as if set forth herein in full. 37. Defendant Karl M. Ledebohm is a debt collector as defined by the FDCPA, 15 U.S.C. § 1692a(6). Defendant Karl M. Ledebohm, t/d/b/a Karl M. Ledebohm, Attorney At Law, is a debt collector as defined by the FDCPA, 15 U.S.C. § 1692a(6). 38. The Defendant debt collector has violated the provisions of the FDCPA as follows: a. They have falsely represented the character, amount, and legal status of Plaintiff's debt, contrary to15 U.S.C. § 1692e(2). b. They have attempted to collect amounts that were not expressly authorized by the agreement or permitted by law, contrary to 15 U.S.C. § 1692f(1). c. They have engaged in abusive, deceptive, and unfair debt collection practices, contrary to 15 U.S.C. § 1692(0. 39. Moreover, Defendant debt collector has violated the FDCPA in his course of conduct with the plaintiff. Defendant's violations include, but are not limited to, the following: a. Defendant directly and/or through his agents and employees, violated 15 U.S.C. § 1692c by communicating with Plaintiff when Defendant knew she was represented by an attorney with respect to such debt. b. Defendant directly and/or through his agents and employees, violated 15 U.S.C. § 1692e by making or causing to be made false, deceptive and misleading representations to plaintiff in connection with defendant's debt collection efforts including: i. false representations as to the character, amount and/or legal status of alleged debt; ii. false representations as to the compensation which may be lawfully received by said defendant for the collection of alleged debt; iii. false representations and implications to plaintiff that plaintiff had committed conduct that disgraced plaintiff or would disgrace plaintiff; 6 Defendant directly and/or through his agents and employees violated 15 U.S.C. § 1692f in his conduct with plaintiff by using unfair and unconscionable means to collect and/or attempt to collect debt allegedly owed by plaintiff, including: i. collection of interest, attorneys fees and collection costs and other unidentified expenses not expressly authorized by the agreement creating the debt or otherwise permitted by law. ii. Defendant violated 15 U.S.C. § 1692g by failing to provide adequate notice of the plaintiffs right to challenge the validity of the alleged debt. iii. As a result of the above violations of the FDCPA, Defendant is liable to plaintiff for her actual damages, including out of pocket losses and emotional distress, statutory damages of $1000.00, and costs and attorneys fees. 40. The foregoing acts and omissions of Defendant constitute violations of the FDCPA, including, but not limited to, 15 U.S.C. §§ 1692c, 1692d, 1692e, 1692f and 1692g. 41. Plaintiff is entitled to recover statutory damages, actual damages, reasonable attorney's fees and costs. WHEREFORE, Plaintiff respectfully requests that Judgment be entered against the Defendant in the amount of: (a) (b) (c) (d) Plaintiff's actual damages; $1,000.00 statutory damages, pursuant to 15 U.S.C. § 1692k; costs and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k; such other and further relief as the court deems just and equitable. Count 2 Plaintiff vs. Defendants Karl M. Ledebohm And Karl M. Ledebohm, Attorney At Law (Violation of the CPL) 42. Plaintiff incorporates by reference paragraphs 1 through 41 above as if set forth herein in full. 43. Defendant is a debt collector as defined by 37 Pa. Code § 303.2. 44. Plaintiff is a debtor as defined by 37 Pa. Code § 303.2. 45. The Defendant has violated the provisions of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., and the Regulations promulgated to enforce that Law at 37 Pa. Code § 303.1 et seq. (herein CPL) by falsely representing the character, extent, and amount of Plaintiff's debt and the fee related to that debt, contrary to 37 Pa. Code§ 303.3(3). 46. In his course of conduct set forth above, the Defendant directly and through his agents and/or employees violated the regulations of the Pennsylvania Code concerning debt collection including but not limited to a. making or causing to be made false representations regarding the nature of the contact or communication to the Plaintiff; b. making or causing to be made false representations regarding the amount of the debt and/or fees legally allowed to be imposed on debt allegedly owed by Plaintiff; c. making or causing to be made false representations regarding the source, authorization or approval of acceleration of the debt; d. representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; e. causing expense to Plaintiff for contact or communication before the true purpose of the contact or communication is known to Plaintiff or by concealment or misrepresentation of the true purpose of the contact or communication; f. use of language and threats the natural consequence of which is to abuse, g. conveying credit information which is known or should be known to be false; and h. failure to comply with the validation provisions of the FDCPA; 47. The foregoing acts and omissions constitute unfair or deceptive and/or unconscionable trade practices made unlawful pursuant to Pennsylvania Code Section 303.1 et. seq.. 48. The Defendant's conduct in relation to Plaintiff as set forth above also constitutes deceptive conduct creating a likelihood of confusion or misunderstanding. 49. As a result of the Defendant's actions set forth above, Plaintiff has sustained ascertainable financial losses including the imposition of illegal and unwarranted charges for "interest", attorneys fees and collection cost on the debts, and expenses in seeking counsel including travel costs in addition to emotional distress. 50. Plaintiff is entitled to recover her actual damages, her actual damages trebled, plus reasonable attorney's fees and costs. WHEREFORE plaintiff asks this Honorable Court to (a) enter judgment in favor of plaintiff Debtor against defendant Collector in the amount of her actual damages, plus $1,000.00 statutory damages for defendant's FDCPA violations; (b) enter judgment against the defendant for three times the plaintiff's actual damages pursuant to the Pa. UTPCPL; (c) award counsel for plaintiff reasonable attorneys fees and costs; and (d) grant such other relief as is just and proper. Count 3 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Fraud and Misrepresentation) 51. Plaintiff incorporates by reference paragraphs 1 through 50 above as if set forth herein in full. 52. The actions of Defendant as alleged herein were done intentionally and with the intent of Defendant to deceive Plaintiff. Defendant's specific statements and actions in claiming entitlement to unauthorized fees, appearing in court and requesting attorney's fees constitute acts of fraud and misrepresentation committed by Defendant. Hence, Plaintiff is entitled to recover her actual as well as punitive damages in an amount to be proven at trial. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (c) Award her reasonable attorney's fees; (d) Award her costs; and (e) Grant such other and further relief as it deems just and proper. Count 4 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Abuse of Process) 53. Plaintiff incorporates by reference paragraphs 1 through 50 above as if set forth herein in full. 9 54. On February 19, 2003, the Defendant filed suit in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 03-728, against named Plaintiff, alleging that the Plaintiff herein owed to client creditor of Defendant certain association dues, interest and late fees and specifically demanded assessment of attorney's fees against named Plaintiff. 55. The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 54 by using it for the ulterior motive or purpose of collecting unauthorized attorney's fees from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation. 56. In the issuance of process and litigation for the ulterior motive of collecting unauthorized attorney's fees, the Defendant committed a willful act that was not proper in the use of such process. 57. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injuries and damages include payment of unauthorized attorney's fees, court costs, loss of wages, mental and emotional distress, physical pain, humiliation, and embarrassment. 58. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (c) Award her reasonable attorney's fees; (d) Award her costs; and (e) Grant such other and further relief as it deems just and proper. Count 5 Plaintiff vs. Defendant Allenview Homeowners Association (Violation of the CPL) 59. Plaintiff incorporates by reference paragraphs I through 50 above as if set forth herein in full. 10 60. The Defendant has violated the provisions of the CPL by falsely failing to provide timely notification of dues and failing to provide a coupon book for the aforesaid dues as Defendant provided to the other property owners in its normal course of business and as required of it pursuant to its operating procedures. 61. The Defendant's conduct in relation to Plaintiff also constitutes deceptive conduct creating a likelihood of confusion or misunderstanding, including but not limited to: a. failing to provide notice of annul assessments or to provide information requested by Plaintiff regarding the association dues; b. making or causing to be made false representations regarding the amount of the dues and/or fees legally allowed to be imposed on dues allegedly owed by Plaintiff; c. making or causing to be made false representations regarding the source, authorization or approval of acceleration of the dues and the imposition of attorneys fees; d. representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; e. causing expense to Plaintiff for contact or communication before the true purpose of the contact or communication is known to Plaintiff or by concealment or misrepresentation of the true purpose of the contact or communication; f. failing to provide notice to Plaintiff or comply with Plaintiff's request in violation of Defendant's covenants, by-laws and customary practices; g. failing to act in good faith in its dealings with Plaintiff. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount sufficient to compensate her for damages incurred by her, including (a) Actual damages; (b) Statutory damages pursuant to 73 P.S. § 201 - 9.2, including treble damages; (c) Attorneys' fees and costs; (d) Such other and further relief as the Court deems proper. Count 6 Plaintiff vs. Defendant Allenview Homeowners Association (Abuse of Process) 62. Plaintiff incorporates by reference paragraphs 1 through 50 above as if set forth herein in full. 11 63. On February 19, 2003,the Defendant filed suit in the Cumberland County Court of Common Pleas, Pennsylvania, docketed to No. 03-728, against named Plaintiff, alleging that the Plaintiff herein owed to and Defendant was entitled to an amount of dues owed to Defendant and specifically demanded assessment of attorney's fees against named Plaintiff. 64. The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 63 by using it for the ulterior motive or purpose of collecting unauthorized attorney's fees and charges from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation. 65. In the issuance of process and litigation for the ulterior motive of collecting paid dues and unauthorized attorney's fees, the Defendant committed a willful act that was not proper in the use of such process. 66. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injuries and damages include payment of collected dues and unauthorized attorney's fees, court costs, loss of wages, mental and emotional distress, physical pain, humiliation, and embarrassment. 67. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (c) Award her reasonable attorney's fees; (d) Award her costs; and (e) Grant such other and further relief as it deems just and proper. Dated: ~/o.~©~ Respectfully.submitted, Stepher~ K. Portko, Esq. #34~38 Bratic & Portko [717-432-9706] 101 South U.S. Route 15 Dillsburg, Pennsylvania 17019 Attorneys for Plaintiff 12 VERIFICATION I, Deborah L. Graham, hereby acknowledge that I am Plaintiff in the foregoing First Amended Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: De"l~-6~a h~a ham / ALLENVIEW KOM~OWNERS ASSOCIATION JACK GAUGHEN REALTOR ERA-PROPERTY MANAGEMENT 3915 Market Street, Camp Hill, PA 17011 Phone:612-5165 Fax: 761-1495 August1,2001 Ms. Debra Graham 902 Allenview Drive Mechanicsburg, PA 17055 Dear Ms. Graham: According to our records, your association dues remain unpaid since March, 2001, If the amount of $459.38 is not paid by the end of August, 2001, your account will be turned over to the Association's attorney for collection. To avoid attorney's fees added to your association dues, please pay the $459.38 before the end of August. ffthe amount is in question, please feel free to give me a calf at (717)612-5165. Very truly yours, Betty Fitzpatrick Property Manager KARL M. LEDEBOHM Attorney-At-Daw ?.O. gox 173 ~W c~E~, PA 17070~1~ phone: (717) 938-6929 Fax: (717) 938-6929 November 19. 2002 VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED AND REGULAR MAIL Ot, borah Graham ~11t2 .Mlenv cw Drive Mechamcsburg, P.q 17{155 RE: Delinquent Itomeowner's Association Dues - Pruperty: 902 Allenview Drive. Mecbanicsburg PA Pursuant m the Fair Debt Collection practices Act, I am required to in£orm you that thi~ letter ts an attempt to collect a debt and any information ob~ined will be used for that purpose. An important notice of righ~ is s~ted on the back side of this letter. Thc Allcnvicw ltomcmvncr's Association ( the "~sociatitm") hits referred t(~ my office thc collectiun ,,t the delinquent ..~sociatmn dues regarding the above-reL'erenced property. ,r rusult Gl vtn~r failure to pay tu th~ :Msociation the Dues for June. July and August September. October and November 20 2. the ,~sociation hereby exercises its rights under thc Covenan[s and Restrictions t~t Rcct~rd to accelerate all dues ~sessed against the above property S76i ~ ~ throuuh }-cnruarv _[(lo and hereby demands payment in the amtmnt ~f itemized its follows: 1.. Dues t(*r June - August 20{12 2. Dues tor September - N~lvcmber 20(12 3 Dues lot December 20(t2 - Februaryr 2003 4. Late Charges 0, .&tmrncy's t'ctzs Total duc to thc ,Association as of November 19. Demand is hereby made for thc payment of the $761.48 to the ..~sociation within thirty {30) days of the date of this letter. In the event you do not pay the above amount ,.vkhin thirty 130) da~vs of the date of this letter, in full. plus interest to the date of payment, I have advised thc Association to file suit against you for the collection of the amounts due to thc A.ssociation without further notice. In such event, the amount which you owe to thc .-Xssociation max increase by such amounts as additional interest, court costs, sheriff's fees as w¢I1 a.,; any reasonable attornev's fees incurred bv the association. if vou do not want the Association to sue you. Please contact Betty Fitzpatrick at 612- q165 within thirty (30) days of this letter to arrange payment. Very Truly yours. ,; Karl M. ~debuhm cc: Betty Fitzpatrick Property Manager KARL M. LEDEBOHM A1-YORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 Debora~ Graham 902 AJlenview Ddve Mec.~anJcsbumj, PA 17055 January 14, 2003 Re; Delinquerrt Homeowner's ASsociation Dues. Property: 902 Allenview Drive Bear Ms, Gratmm: PURSUANT TO THE FAIR DEBT COlLECT]ON PRACTICES ACT I A INFORM YOU THAT THIs LETTER AND ANY SU E'""' .... T r- .... ' NI REQUIRED TO BS_,.=~;r,~. "uI~RESPONDENCE OR COMMUNICATION IS AN A'~"II::MPT TO COlLECT A DEBT AND ANY' INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. As you know, the Allenview Homeowner's Association ( the "Association") Office the colJec~on of the clelJnquent ASSOc' , has referreo to my "Property") By letterclatecl November 1_9 ~on Dues regar0mg the above referenced nr -, ~uu,~, a COpy of which is anain ~,--, ..... the AssOCJation accelerareU all 0ues assesse0 againsi' the Properly i~or 2002 through Februap/2003 an0 eemancJed the payment of all dues due to the Association in the amount of $761.48. On December 6. 2002, the Association received and applied a part/al payment to the amounts due ~o the Association in the amount of $2o8,o0. The above payment has been applJecl to the amounts which you Owe to the Association as a partial payment without waiver of any demand for t;3e payment of all amounts due to the Association and without POStponement of any rights or reme0ies available to the Association to collect the balance of the in0ebtedness without further notice. The above bantaJ bayment ;3as been applied to the amounts Oue as follows; 1 Legal fees 2. Late chan:jes $125.00 3. Dues tot June through August 2002 12,48 4. Total amount applied 70__~52 $208.00 After Uie application of the above parbaI payment the amount which you now Owe to the Association is $853.48 ~temized as follows: 1 Balance of Dues i'or June through August 2002 $137.48 2. Dues for September _ November 2002 3. Dues for Decemper 2002 _ February 2003 208.00 4 Legal fees 208.00 .300 O0 5. Total Oue to toe Association as of 1/14/03 $853.48 The Assocmtion continues to demand the immediate payment ofthe $853.48. Failure to ctel~ver payment in the amounl of S853.48 to the Association immediately will result in the filing of a ~egal action agamsl you to collect the balance of the indebtedness clue to the Association without further notice. ~nterest, legal fees ancl costs continue to accrue on the above obligation. EXHIBIT "C" · Page 2 January 14.2003 If you do not want the Association to sue you, Please contact Betty Fitzpat,fi~ at 612-5165 to arrange payment. t~arl M, LedeDohm Cc: Betty Fitzpatrick, Property Manager IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff Vo THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, T/D/B/A KARL M. LEDEBOHM, Attorney At Law Defendants : CIVIL ACTION NO. 03-5713 : : : _. : .. : CERTIFICATE OF SERVICE I HEREBY CERTIFY, that I served a true and correct copy of the PLAINTIFF'S FIRST AMENDED COMPLAINT in the above captioned matter upon the individual listed below by depositing a true and correct copy of the same in the U.S. Mails postage prepaid, addressed to: Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorney for Defendant Ledebohm Michael L. Bangs, Esquire Bangs Law Office 302 South 18th Street Camp Hill, PA 17011 Attorney for Defendant Allenview Homeowners Assoc. Date: Stephen K. Portko, Esquire #34538 101 South U.S. Route 15 Dillsburg, PA 17019 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRAHAM DEBORAH L VS ALLENVIEW HOME OWNERS ASSOC ET R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT LEDEBOHM KARL M T/D/B/A KARL but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: M LEDEBOHM ATTORNEY AT LAW in his bailiwick. He therefore County, Pennsylvania, to On December 18th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 12/18/2003 So answer~ z .... i~.~ Rf T~omas Kline Sheriff of Cumberland County GRAHAMS GLORIOUS GIFTS Sworn and subscribed to before me this /~P day of C~ ~ A.D. rothonotary SHERIFF'S RETURN - CASE NO: 2003-05713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRAHAM DEBORAH L VS ALLENVIEW HOME OWNERS ASSOC ET OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LEDEBOHM KARL M but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On December 18th 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer~s~ ...... .~P .... ~ Docketing 6.00 ~~,~-/~ ..... --~/L~'~- Out of County 9.00 ~/~'/ Surcharge 10.00 R% Thomas Kline · Dep York County 28.00 Sheriff of Cumberland County .00 53.00 12/18/2003 GRAHAMS GLORIOUS GIFTS Sworn and subscribed to before me this /~? day of A.D. ! Prothono~az~y SHERIFF'S CASE NO: 2003-05713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GP~AHA-M DEBORAH L VS ALLENVIEW HOME OWNERS ASSOC ET RETURN - REGULAR BRIAN BARRICK Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4th day of November , says, the within WRIT OF SUMMONS ALLENVIEW HOME OWNERS ASSOCIATION THE DEFENDANT at 1610:00 HOURS, on the 2003 at C/O BETTY FRITZPATRICK CkMP HILL, PA 17011 DIANE WEISS, RECEPTIONIST, a true and attested copy of WRIT OF 3915 MARKET STREET by handing to AJDULT IN CHARGE SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this f~ day of ~OO~ A.D. · ~othonotary ' So Answers: R. Thomas Kline 12/18/2003 GPJuUJkMS GLOR/US GIFTS~ /~ By: /~ Sh/erlf~~_ COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN I pLAINTIFF/S/ Deborah L. Graham 3 DEFENDANT/S/ The Allenview Home Owners Association et al 1 of 2 SERVICE CALL (717) 771-9601 2. COURT NUMBER 03-5713 ~ 4. TYPE OF WRIT OR COMPLAINT Writ of SL~Nnons SERVE ~' 5. NAMEKarlOF INDIVIDUAL,Mo LedebohmC°MPANY' CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY. BORO. TWP., STATE AND ZIP CODE) AT 90A Fetrow Lane New CL~nberland, PA 17070 7. INDICATE SERVICE: O PERSONAL [3 PERSON IN CHARGE ~II~'OEPDTIZE C~C~i'~d [3 1 ST CLASS MAIL [~ POSTED [3 OTHER NOW November 4 ,20 03 I, SHERIFF OF IIIII~COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t~jU~ke return th~cording to law. This deputization being made at the request and risk of the plaintiff, q'"- -~_.~__~-~_"~-~'~._~....._~'.~---" d' SHERIFF OF if~if~4CC[U NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT W1LL ASSIST IN EXPEDITING SERVICE: Cumberland OUT OF COUNTY -CUMBERLAND ADVANCE FEE PD BY ATTORNEY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER O~ WATCHI~N - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possass~n, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loSS, destruction, or removal of any property before sheaf rs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNA]lJRE 1 7 0 1. 9 10. TELEPHONE NUMBER 1 t DATE FILED Stephen K. Portko 101 S. U.S, Route 15 Dil] sburg PA 717-432-9706 10/31/2003 12. SEN D NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELO%,~ (This area must be completed if nofke is fo be mailsd). Cumber]and County Sheriff's Dept. 1. Courthouse S¢ uare Carl isle PA 1.7013 13. i acknowledge receipt of the writ 114. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. Ronda M. Ahrens / RAT I 11-05-2003 11/30/2003 16. HOW SERVED: Pj~SONALx'~.' RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE~ OTHER ( ) SEE REMARKS BELOW 17. [3 I hereby ceftin'and ~ a NOT FOUND l~!~au~nalfle to locate Ihe individual, c~'npany, etc. named above. (See remarks below.) 1.8. NAMEANj~F~j~DUA~j~E~E~/'~j~S;~AD~s~HERE~FN~TSH~WNAB~E(Re~a~sh~p~Defendant) 119. Date of Service 20. Ti,me of Service, I Y" ""' '" I "" I" Time Miles Int. iD,te Miles Int. 22. REMARKS: 41. AFFIRMS~)~I subscribed to before methi~ 1 6 . 42 day of 20 4 ~ '~ Dep Sheriff ~ ~ - ........ County Sheriff 45. DATE .-- ~/-/7~ ~ 47 DATE 12-16-03 49. DATE DATE RECEIVED COUNTY OFYORK 2 of 2 OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ Deborah L. Graham 3. DEFENDANT/S/ The Allenview Hcrne Owners Association et al SERVICE CALL (717) 771-9601 PLEASE TYPE DO NOT C ES 4 TYPE OF WRrT OR COMPLAINT Writ of S%r~nons SERVE (' 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO SE LEVIED, ATt-ACHED, OR SOLD Karl M. Ledebohm t/d/b/a Karl H. LEdebohm, attornev at law 6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT NO., CITY. BORO. TWP., STATE AND ZIP CODE) AT 90A FetrOw Lane New C~nberl~gd, PA 17070 7. INOICATE SERVICE:Q PERSONAL C~ PERSON IN CHARGE "DEPUTIZE o~c~[and ~ I ST CLASS ~U~.IL O POSTED O OTHER NOW N(*~'(~mber 4 ,20 03 I, SHERIFF OF ~ COUNTY, PA, dg.,hereby deputiz9 t.J~ sheriff of York COUNTY to execute th~~[.n to law. This deputization being made at the request and risk of the plaintiff, f '/~'~ .... ~ ~' ' SHERIFF OF ~ COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: O,JT ADVANCEI[ Fee pd by attonry NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shedff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the par~ of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9 TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED Stephen K. Portko 101 S. U.S.Rte. 15 Pillsburg PA 17019 717432-9706 10/31/2003 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This ~rea must be completed if notice is to be maited) Cumberland Coun' Sheiff's Dept 13, I acknowledge receipt of ~e writ orcOmplalntasiodicatedebove. Rhonda H. Ahrens 16~ HOW SERVED: PERSORAL..~ RESIDENCE ( ) POSTED ( ) / RAT Poe ( ) 14. DATE RECEIVED 15, Expiration/Hearing Date 11-05-2003 11/30/2003 SHERIFF'S OFFICE~ OTHER ( ) SEE REMARKS BELOW 17. O I herek~'ce~__ ~ an~eturn., a./I~)T.~IN D because I am unaUe to ~ ~e i~i~duam, ~m~ny, etc. na~ .~ve. (~ mma~ bel~.) ~8. ~M~ ~D ~ ~N~I~U~L~E~D / LIST ADDRESS HERE IF NOT SHO~ ABOVE (Re~fion~ip fo ~ndant ~ J 19. Date of ~w~ 20. Ti~ of Sewi~ 22. RE~RKS: 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 127. Postage 28. SubTotal t29. Pourld 30 Notary 31 Surchg. 32. Tot. Costs 33 Costs Oue or Refund CheckNo. I I 34. For~gn County Costs 1 35. Advance Costa [ 36. Service Costs [ 37. Nofary Cert [ 38 M,leage/Posta. Not Found [ 39. Total Costs [ 40 Costa Due or Refuod SO ANSWERS / / - / -~- ~R~R~/NO'~RY 46 SignathreofYork/' ~"~..~ ~, 47 DATE McKISSOCK & HOFFMAN, P.C. By: EDWIN A.D. SCHWARTZ, ESQUIRE I.D.: 75902 2040 LiNGLESTOWN ROAD, SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 ATTORNEYS FOR DEFENDANT KARL M. LEDEBOHM, ESQ. DEBORAH GRAHAM, Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL LEDEBOHM, ESQUIRE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5713 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE To Plaintiff: Deborah Graham Cio Stephen Portko 101 South U.S. Route 15 Dillsburg, PA 17019 You are hereby notified to file a written response to the enclosed Preliminary Objections within 20 days from service hereof or a default judgment may be entered against you. PRELIMINARY OBJECTIONS OF DEFENDANT, KARL M. LEDEBOHM TO PLAINTIFF'S FIRST AMENDED COMPLAINT Defendant, Karl M. Ledebohm, (hereinafter referred to as "Defendant"), by and through his counsel, McKissock & Hoffman, P.C., hereby files these Preliminary Objections to Plaintiff's First Amended Complaint and, in the support thereof, avers as follows: BACKGROUND 1. Plaintiff commenced the instant action by the filing of a Writ of Summons on October 31, 2003. Subsequently, Plaintiff filed a Complaint on December 3, 2003 (hereinafter "Original Complaint"). A true and correct copy of Plaintiff's Original Complaint is attached hereto and made a part hereof as Exhibit '%". 2. On December 18, 2003, Defendant Karl Ledebohm filed Preliminary Objections to the Plaintiff's Original Complaint. A true and correct copy of Defendant, Karl Ledebohm's Preliminary Objections to Plaintiff's Original Complaint are attached hereto and made a part hereof as Exhibit "B". 3. On January 8, 2004, Plaintiff filed her First Amended Complaint (hereinafter "First Amended Complaint"). A true and correct copy of Plaintiff's First Amended Complaint is attached hereto and made a part hereof as Exhibit "C". 4. Plaintiff's First Amended Complaint is virtually identical to Plaintiff's Original Complaint and does little, if anything, in an attempt to cure the objections as previously filed by Defendant, Karl Ledebohm. As such, it is believed and therefore averred that Plaintiff's action in filing her First Amended Complaint without curing or addressing the objections as previously filed to the Original Complaint is frivolous, an abuse of process and initiated for purposes of harassment and the incurring of additional cost by Defendant, Karl Ledebohm. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION FOR WHICH THE RELIEF SOUGHT MAY BE GRANTED PURSUANT TO PA.R.C.P 1028(A)(4) 5. The averments in paragraphs 1 through 4 of Defendant's Preliminary Objections ara incorporated herein by reference. 6. Throughout Plaintiff's First Amended Complaint, Plaintiff alleges that the actions and/or omissions of Defendant somehow constituted a violation of Fair Debt Collection Practices Act, 15 U.S.C. §1692, (hereinafter "FDCPA") and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1, et seq., (hereinafter "UTPCPL"). 7. Specifically, in paragraph 38 of Plaintiff's First Amended Complaint, Plaintiff alleges that Defendant "falsely represented the character, amount and legal status of Plaintiff's debt", "attempted to collect amount that were not expressly authorized by the agreement" and "engaged in abusive, deceptive and unfair debt collection practices". See Plaintiff's First Amended Complaint ¶38(a),(b) and (c). (a) (b) (c) Furthermore, Plaintiff alleges that Defendant: communicated with Plaintiff directly when Defendant knew of Plaintiff's representation by legal counsel; made or caused false, deceptive and misleading representations to Plaintiff, including: (i) the character, amount and/or legal status of the alleged debt; (ii) the compensation which may be lawfully received by said defendant for the collection of the alleged debt; (iii) false representations and implications to Plaintiff that Plaintiff had committed conduct that disgraced Plaintiff. used unfair and unconscionable means to collect and/or attempt to collect debt owed by Plaintiff, including: (i) collection of interest, attorneys fees and collection costs and other unidentified expenses; and (ii) failing to provide adequate notice to Plaintiff. See Plaintiff's First Amended Complaint, ¶39. 9. Notwithstanding Plaintiff's laborious pleadings efforts, not one single allegation of fact as set forth in the body of Plaintiff's First Amended Complaint supports any of the alleged violations as set forth in paragraphs 38 and 39 of Plaintiff's First Amended Complaint. 10. When viewed as a whole, Plaintiff's First Amended Complaint as asserted against Defendant Karl Ledebohm, fails to state a claim for which relief may be granted under either the FDCPA and/or UTPCPL. 11. Furthermore, in the event this Honorable Court determines there to be sufficient factual inference as set forth in Plaintiff's First Amended Complaint to survive Defendant's instant Preliminary Objections, Defendant submits that all Plaintiff's allegations are patently false and are expressly contradicted by the documentation (Allenview Homeowners Association Covenants and Restrictions) and law applicable (68 P.S. 3301, et seq.) in this case. Therefore, Defendant herein respectfully submits that Plaintiff's instant action is an abuse of civil process and is nothing more than an attempt to avoid payment of a proper debt. As such, Defendant specifically reserves his rights to proceed against Defendant at the conclusion of this matter. 12. Plaintiff's First Amended Complaint is factually and legally deficient, in that, Plaintiff is seeking redress for claims for which relief may not be granted under the averments and allegations as set forth in Plaintiff's First Amended Complaint. Field v. Philadelphia Electric Co., 388 Pa. Super. 400, 565 A.2d 1170 (1989); Cloverleaf Development, Inc. v. Horizon Financial, 347 Pa. Super. 75, 500 A.2d 163 (1985). WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's First Amended Complaint with prejudice, or in the alternative striking Counts 1 and 2 of Plaintiff's First Amended Complaint, and grant all further relief as this Honorable Court may deem proper and just. Furthermore, Defendant respectfully reserves his right to proceed against Plaintiff and Plaintiff's counsel for initiating, commencing and proceeding with the instant frivolous action and further preserves his right to seek all costs and attorney's fees associated with the defense of this matter. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION FOR WHICH THE RELIEF SOUGHT MAY BE GRANTED PURSUANT TO PA.R.C.P 1028(A)(4) 13. The averments in paragraphs 1 through 12 of Defendant's Preliminary Objections are incorporated herein by reference. 14. In Counts 3 and 4 of Plaintiff's First Amended Complaint, Plaintiff attempts to set forth claims for fraud, misrepresentation and abuse of process. 15. Notwithstanding Plaintiff's creative efforts in pleading causes of action where none actually exist, a cursory review of Plaintiff's First Amended Complaint as a whole reveals a complete lack of factual support for such claims. Not one single allegation of fact as set forth in the body of Plaintiff's First Amended Complaint supports any finding that Defendant Karl Ledebohm acted fraudulently toward Plaintiff or that Defendant misrepresented any fact to Plaintiff or that Defendant's action in seeking payment of the sums due and owing from Plaintiff was an "abuse". 16. When viewed as a whole, Plaintiff's First Amended Complaint, specifically Counts 3 and 4, fails to state a claim for which relief may be granted. 17. Furthermore, in the event this Honorable Court determines there to be sufficient factual inference as set forth in Plaintiff's First Amended Complaint to survive Defendant's instant Preliminary Objections, Defendant submits that all Plaintiff's allegations are patently false and are expressly contradicted by the documentation (Allenview Homeowners Association Covenants and Restrictions) and law applicable (68 P.S. 3301, et seq.) in this case. Therefore, Defendant herein respectfully submits that Plaintiff's instant action is itself an abuse of civil process and is nothing more than an attempt to avoid payment of a proper debt. As such, Defendant specifically reserves his rights to proceed against Defendant at the conclusion of this matter. 18. Plaintiff's First Amended Complain[ is legally deficient, in that, Plaintiff is seeking redress for claims for which relief may not be granted under the averments and allegations as set forth in Plaintiff's First Amended Complaint. Field v. Philadelphia Electric Co., 388 Pa. Super. 400, 565 A.2d 1170 (1989); Cloverleaf Development, Inc. v. Horizon Financial, 347 Pa. Super. 75, 500 A.2d 163 (1985). WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's First Amended Complaint with prejudice, or in the alternative striking Counts 3 and 4 of Plaintiff's First Amended Complaint, and grant all further relief as this Honorable Court may deem proper and just. Furthermore, Defendant respectfully reserves his right to proceed against Plaintiff and Plaintiff's counsel for initiating, commencing and proceeding with the instant frivolous action and further preserves his right to seek all costs and attorney's fees associated with the defense of this matter. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURF TO STATE A CLAIM FOR WHICH PUNITIVE DAMAGES MAY BE AWARDED PURSUANT TO PA.R.C.P. 1028(a)(4) 19. The averments in paragraphs 1 through 18 of Defendant's Preliminary Objections are incorporated herein by reference. 20. In Plaintiff's First Amended Complaint, Plaintiff seeks an award of punitive damages. (See Plaintiff's First Amended Complaint, ¶52). 21. Plaintiff sets forth a bald, unsupported request for punitive damages. Specifically, Plaintiff fails, and is unable, to set forth any factual averments required by law to support such a claim. 22. Plaintiff fails and is unable to set forth any legal authority to support Plaintiff's bald, unsupported claim for punitive damages. Absent statutory authority or any credible theory of law (which instantly is specifically absent) Plaintiff cannot, as a matter of law, recover punitive damages. 23. Plaintiff's bald and unsupported claim for punitive damages is unintelligible and insufficiently specific to allow Defendant to formulate a response or defense thereto and therefore must be dismissed under Pa.R.C.P. 1028(a)(3). Although Plaintiff's specific basis for her claim is unknown, Plaintiff certainly fails and is unable to allege factual allegations which support a claim of outrageous cond,-'ct or conduct with an evil motive or reckless indifference to the rights of others. Therefore, Plaintiff cannot, as a matter of law, sustain an action for punitive damages, and thus, the demand for punitive damages must be dismissed. Chambers v. Montqomery, 411 Pa. 339, 192 A.2d 355 (1963); Feld v. Merriam, 506 Pa. 383, 485 A.2d 742 (1984). 24. For all reasons as set forth in the above Objections, Plaintiff's First Amended Complaint is technically and legally deficient, and as such fails to set forth any claims which would warrant an award of punitive damages. WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's First Amended Complaint with prejudice and grant all further relief as this Honorable Court may deem proper and just. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURF TO COMPLY WITH PENNSYLVANIA RULES OF CIVIL PROCEDURF 25. The averments in paragraphs 1 through 24 of Defendant's Preliminary Objections are incorporated herein by reference. 26. Plaintiff's First Amended Complaint is replete with violations of the Pennsylvania Rules of Civil Procedure. Specifically, Plaintiff's pleadings violates the Rules of Procedure in that: Plaintiff's First Amended Complaint does not set forth the specific material facts upon which the alleged cause of action against Karl Ledebohm is based. See Pa.R.C.P. 1019(a); Plaintiff's First Amended Complaint does not set forth its averments of fraud and/or misrepresentation as they pertain to Karl Ledebohm with the requisite specificity. See Pa.R.C.P. 1019(b); Plaintiff's First Amended Complaint does not state whether the amount sought for relief exceeds the jurisdictional amount requiring arbitration; See Pa.R.C.P, 1021 (c). 27. Pursuant to Pa.R.C.P. 1028(a)(2), a preliminary objection may be filed to pleading which does not conform to law or a rule of court. WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's First Amended Complaint with prejudice and further award Defendant all such other relief as is proper and just. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS' COMPLAINT FOR LACK OF SPECIFICITY PURSUANT TO PA.R.C.P. 1019(a) AND 1028(a)(2)&(3) 28. The averments in paragraphs 1 through 27 of Defendant's Preliminary Objections are incorporated herein by reference. 29. The Pennsylvania Rules of Civil Procedure require that the material facts upon which a cause of action is based be stated in "a concise and summary form." 42 Pa.R.C.P. 1019(a). 30. The Pennsylvania Rules of Civil Procedure permit Preliminary Objections to a pleading which does not conform to law or rule of court. 42 Pa.R.C.P. 1028(a)(2). 31. The Pennsylvania Rules of Civil Procedure permit Preliminary Objections to be filed where there is insufficient specificity in pleading. 42 Pa.R.C.P. 1028(a)(3). 32. Pennsylvania law requires a plaintiff to plead sufficient facts to afford a defendant notice of plaintiff's claims and alleged damages as well as to inform defendant of the relevant issues. 33. Plaintiff's First Amended Complaint is fatally deficient in that it lacks a clear and concise statement of material facts which are alleged to serve as the basis for Plaintiff's claims against Defendant, Karl Ledebohm. 34. A review of Plaintiff Complaint reveals that the only paragraphs in the body of Plaintiff's First Amended Complaint which set forth any factual averments pertaining to Defendant, Karl M. Ledebohm are paragraphs 27 and 28. 35. Despite Plaintiff's pleading of various allegations against Defendant Karl M. Ledebohm in Counts 1 through 4 of Plaintiff's First Amended Complaint, there are no facts pled anywhere in the Complaint which support the contentions of malfeasance as alleged against Defendant, Karl M. Ledebohm. 36. Furthermore, Plaintiff's First Amended Complaint is replete with vague, ambiguous and unspecific allegations of negligence and damage. 37. Specifically, in paragraphs 39, 40 and 46 of Plaintiff's First Amended Complaint Plaintiff qualifies her allegations against Defendant with an open-ended phrase of "including but not limited to". 36. This vague and ambiguous qualification of Plaintiff's allegations by use of "including but not limited to" would possibly lead to the future amplification of Plaintiff's claims against Defendant after the expiration of the applicable statute of limitation. This possible future amplification of claims by use of vague and unspecific language has been found to impermissible in pleadings. Conner v. Alleqheny General Hospital, 501 Pa. 306,461 A.2d 600 (1983); See also F'a.R.C.P. 1028(a)(2)-(3). 39. Furthermore, due to Plaintiff's inclusion of allegations of fraud and false representations, Plaintiff is obligated to plead such allegations with particularity. See Pa.R.C.P. 1019(b). 40. Plaintiff's First Amended Complaint is void of any particular allegations of fact in support of Plaintiff's claims of fraud and false representation against Defendant Karl M. Ledebohm. 41. Absent a clear and concise pleading of the relevant facts (and particular facts in support of fraud claims) which Plaintiff is dependent upon as the basis for their claims against Defendant, Defendant cannot provide a knowing and intelligent response to Plaintiffs' Complaint. WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's First Amended Complaint with prejudice and further award Defendant all such other relief as is proper and just. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE SCANDALOUS AND/OR IMPERTINENT MATTER PURSUANT TO PA.R.CP. 1028(A)(2) 42. The averments in paragraphs 1 through 41 of Defendant's Preliminary Objections are incorporated herein by reference 43. Paragraph 33 of Plaintiff's First Amended Complaint alleges, Defendants Ledebohm and Allenview have employed the acts and practices described hereinabove deliberetely, willfully, and for the specific purpose, intent, and ulterior motive of maximizing the amount of recovery against homeowners and preventing said homeowners from either contesting the validity of the charges, defending against the lawsuit, or challenging actions taken to enforce the claim for dues and attorneys fees. Accordingly, such practices constitute an intentional misuse of the judicial system, and an abuse of process. 44. Furthermore, paragraph 34 of Plaintiff's First Amended Complaint alleges, The defendants are aware that it is cost prohibitive for homeowners to present a defense in a relatively minor collection action. The defendants are further aware that most homeowners lack the knowledge and sophistication to know and understand their rights and obligations with respect to the imposition and collection of association dues, such that any homeowner who receives a demand letter from an attorney is likely to conclude that no defensive action is reasonable available. 45. Paragraphs 33 and 34 of Plaintiff's First Amended Complaint do not relate to or support any elements of proof which are necessary for the Plaintiff to proceed in its alleged action against Defendant Ledebohm and as such, the allegations contained in these paragraphs are impertinent and should be stricken. 46. Plaintiff's allegations regarding Defendant Ledebohm's "purpose, intent and ulterior motive" is nothing more than an unnecessary and potentially slanderous attack on Plaintiff's professionalism and reputation in the local bar. Furthermore, Plaintiff's allegations as they pertain to a general base of "knowledge and sophistication" and/or the conclusions of homeowners in other collection actions is wholly without merit or foundation in the facts as pled. 47. Paragraphs 33 and 34 of Plaintiff's First Amended Complaint are nothing more than wild and unsupported allegations asserted in an desperate attempt by Plaintiff to either: (i) tarnish or impugn the reputation of Defendant, Karl Ledebohm; or (ii) create some emotional basis for Plaintiff's claims where no factual basis actually exists. Furthermore, Plaintiff's references to other possible collection actions without any specific pleading of fact is wholly inappropriate and can only be viewed as Plaintiff's continued desperation in asserting a claim where none exists. Regardless of the reasons behind Plaintiff's desperate efforts to create a possible claim, as evidenced by the allegations set forth in paragraphs 33 and 34 of Plaintiff's First Amended Complaint, these paragraphs should be dismissed as scandalous and impertinent. WHEREFORE, Defendant, Karl M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's First Amended Complaint with prejudice and grant all further relief as this Honorable Court may deem proper and just. Date:/¢ ~ Respectfully submitted, McKisso an P.C By: Edwin A~D. Sc_h~e I.D. No.: 75902 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 (717) 540-3400 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Preliminary Objections to Plaintiff's First Amended Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Stephen Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (Counsel for Plaintiff) Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 (Counsel for Defendant Allenview Homeowners Association) McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) §40-3400 Attorneys for Defendant, Karl M. Ledebohm, Esquire Dated: Thursday 11 of Dec 2003, ?axination -)7175403q34 P&ge 6 of l~ IN THE' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH J. GRAHAM Plaintiff THE ALLENVlEW HOMEOWNERS A~$OCIATION and KARL M. LEDEBOHM and KARl. M. LEDEBOHM, TIDIBIA : KARL M. LEDEBOHM, Attorney At Law: Defendants : CIVIL ACTION NO. 03-5713 I. Parties 1. Plaintiff Deborah L. Graham is an adull individual, residing at §02 Allenview Drive. Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Kart M. Ledebohm and Karl M. Ledebohm t/d/b/a Kart M. Ledebohm. Attorney At Law, (herein "debt collector") is. to the best of PlaintifFs knowledge, an individual and sole proprietorship, with his business offices at 90A Fetrow Lane, New Cumberland, Pennsylvania 17070 end mailing address at P.O. Box 173. New Cumbedand. PA 17070. 3. Defendant The Allenview Homeowners Association (herein "Associatfon") is, to the best of Plaintiff's knowledge, a residential unit owner's association and non-profit corporation organized under the laws of the Commonwealth of Pennsylvania. with its pdndpal place of business at 3915 Market Street, Camp Hill, PA 17011. 4. Plaintiff is a "consumer" within the meaning of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., (herein FDCPA)anda "debtor" within the meaning of Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P,S. § 201-1, et seq., and the Regulations promulgated to enforce that Law at 37 Pa, Code § 303.1 et seq. (herein CPL). 5. Defendant Karl M. Ledebohm and/or Defendant Kad M. Ledebohm t/d/b/a Karl M, Ledebohm, Attorney At Law is e "debt collector" within the meanin9 DEC-II-03 THU 06:14 PM FROM: TO:MCKISSOCK HOFFMAN ;PAGE 6 ' ;:' Thursday 11 of Dec 2003, Faxination ->7175403436 Page 7 of 1~ of the FDCPA and the Cpi J, end acte(l at the direction of and on behalf of Defendant Allen~/iew Homeowners AsSOciation. II. Factual Allegations 6. On or about December 28, 2000, Plaintiff purchased a townhouse residence located at 902 Allenview Drive, Mechanicsburg, PA. 7. Plaintiff's townhou~e residence is part of a planned residential Development known as Allenview which community development is maintained and preserved by the Defendant, Allenview Homeowners Association [hereinafter "Allenview ']. 8. Defendant Allenview is authorized to collect an annual assessment from the residents of Allenview to pay for the maintenance and preservation of the planned residential development. 9. At all times relevant hereto, the annual assessment collected by Defendant Allenview was collected in quarterly installments by sending a coupon book tl~at contained the assessment information end due dates. 10. Defendant Allenview is required to send written notice of the annual assessment at least 30 days in advance of such date or period and Defendant's Board of Directors has authorized collection of dues in quarterly installments by sending coupon books containing the quarterly assessment and due dates. 11. P!aintJff purchased her *,ownhouse residence on December 28, 2000, at which time dues were paid in full through February of 2001. Thereafter, Plaintiff did not receive any notice of the 2001 annual assessment nor did she receive a coupon book for the quarterly payments commencing on March 1, 2001. 12. ]-he only notice or COmmunication Plaintiff received from Defendant Allenview regarding the 2001 association dues was a demand letter dated August 1, 2001 from Betty Fitzpatrick, Defendant's Properly Manager, for unpaid dues of $459.38. A true and correct copy of the letter is marked Exhibit "An attaChed hereto and inca~orated herein by reference thereto, 13. Upon receipt of the aforesaid letter and in reply to Defendant's demand for late dues of $459.38, Plaintiff contacted the property manager for Defendant and informed her that this letter was the first notice or communication 2 DEC-II-03 THU 06:14 PM FROM: TO:MCKISSOCK HOFFMAN .P~GE 7 Thursday 11 of Dec 2003, Faxination ->7175~03~34 Plaintiff received about ar~y association dues; so Defendant assured Plaintiff that a coupon book would be sent to her so that Plaintiff could make payments. 14. Despite Defendant's promise to send the coupon book that would provide Plaintiff with the proper method for paying dues. when no coupon book or assessment notice for the year 2001 had arrived by August 31,2001. Plaintiff went ahead and sent payment of the requested $459.38. 15. On orabout November 16, 2001, Plaintiff again contacted Defendant Allenview because she had not received the coupon book or any informabon on the association dues and Plaintiff was given the amount due over the phone and assured once again that a coupon book would be forthcoming, 16. As a result, on November 16, 2001, Plaintiff sent payment in the amount of $231.92 which Defendant Allenview had verbally claimed was due, 17. Contrary to Defendant's repeated assurances, Plaintiff never received a ~oupon book or assessmen( informatidn for the year 2001: and then on or about January 23, 2002, Plaintiff received another letter from Defendant AlJenviow advising Plaintiff about unpaid dues and a Jato charge that was being added. 18. Concerned about Defendant's failure to send the coupon book and alarmed when Defendant added late charges to association dues that Plaintiff never received notice of, Plaintiff immediately were to Defendant's business location on January 23, 2002 to speak with the manager and inspect the assessment roster or obtain the previously requested information. 19. At the aforesaid time and place, Plaintiff attempted to resolve the problems she was experiencing due to Defendant's neglect to provide notice of association dues; however, the property manager was not available to speak with her and no one at Defendant's place of business would allow Plaintiff to inspect the assessment roster or obtain related information. 20. Thereafter, Defendant's property manager contacted Plaintiff to advise her that they would only be able to provide a coupon book for the upcoming year and that this coupon book would not be available until sometime in March of 2002, 21. In disregard of the previous attempts and efforts Plaintiff made to obtain DEC-II-03 THU 06:14 PM FROM: ' 'TO:MCKIMSOCK HOFF~N PAGE 8 Page 8 of Thursday 11 of Dec 2003, F&×in~ion ->7175~03~3~ a coupon bock or Information about the 2001 association dues. Defendant Allenview again failed to properly notify Plaintiff when it neglected to send the required assessment notice or a coupon book for the dues assessed in 2002. 22. The only notice that Plaintiff received was whenever Defendant Allenvlew sent notice that ~ate charges had been added. 23. On or about June 28, 2002, Plaintiff contacted Defendant Allenview and again inquired why she had not receive a coupon book or wdtlen validation for the 2002 quarterly dues but Defendant gave no explanation except to apologize anit ve~oally notify Plaintiff that $444.08 was the amount showing due. 24. Plaintiff agreed to pay $444.08 but demanded that they either send her a coupon book or written validation so that she could keep record and make timely payment otherwise she would make no further payments; agreeably, Defendant ^llenview promised to send the requested coupon book. 25. The problems experienced by Plaintiff regarding Defendant's failure to send notices or coupon books or to disclose assessment records were repetitive and ongoing despite Plaintiffs efforts to resolve these maffers, 26. Each time Plaintiffcomplained to Defendant Allenview that she was not receiving assessment notices or quarterly statements, Defendant promised they would correct the problem but then never did, 27, Disregarding their obligation to send notice of the yearly dues or fulfill their promises to send the coupon books, Defendan! Allenview had their collection attorney, Karl M. Ledebohm, Attorney At Law, send a collection letter to Plaintiff which he sent on November 19, 2002. A true and correct copy of the aforesaid collection leffer is marked Exhibit "B" attached hereto and incorporated herein by reference thereto. 28. A second letter was allegedly sent by, Defendant Karl M. Ledebohm, on January 14, 2003; however, Plaintiff did not receive a copy until Defendartts filed their collection suit in Februar,/of 2003. A true and correct copy of the aforesaid collection letter is marked Exhibit "C" affached hereto and incorporated herein by reference thereto, 29. Duringthe year 2003, Plainfifffinally received notice ofthe annual 4 P&ge 9 o£ 1~ DEC-II-OB THU 06:15 PM FROM: · ' TO:MCKISSOCK HOFFMAN ·PAGE 9 Thu~d&y 11 o£ De~ 2003, ->7175q03434 assessment and a coupon book for 2003 which enabled her to make the required payments and keep her own records, 30. TO date Plaintiff has paid all dues and late charges that have been assessed against her since residing in Allenview, but refuses to pay the unjust demand for affomeys fees/interest falsely represented and not authorized. III. Causes of Action Count 1 _P_laintiff vs. Defendants Karl M, Ledal;~hm and Karl M, Ledebohm, Attorney At La~ (Violation of the FDCPA) 3'1. Plaintiff incorporates by reference paragraphs I Unrough 30 above as if set forth herein in full. 32. Defendant Karl M. Ledebohm is a debt collector as defined by the FDCPA, '15 U.S.C. § 1692a(6). Defendant Karl M. LedeDohm, t/d/b/a Karl M, Ledebohm, Attorney At Law. is a debt colleCtor as defined by the FDCPA, 15 U.S.C. § 1692a(6). 33. The Defendant debt collector has violated the provisions of the FDCPA as follows: a. They have falsely represented the character, amount, and legal status of Plaintiff's debt, contrary to15 U.S.C. § 1692e(2). b. They have attempted to collect amounts that were not expressly authorized by the agreement or permitted by law, contrary to 15 U.S.C. § 1692f(1). c. They have engaged in abusive, deceptive, and unfair debt collection practices, COntrary to '15 U.S.C. § 1692(f), 34. Moreover, Defendant debt collector has violated the FDCPA in his course of conduct with the plaintiff. Defendant's violations include, but are not limited to. Ihe following: a, Defendant dtrecffy and/or through his agents and employees, violated 15 U.$.C. § 1692c by COmmunicating with Plaintiff when Defendant knew she was represented by an attorney with respect to such debt, b. Defendant directly and/or through his agents and employees, violated 15 U.S.C. § 1692e by making or causing to be made false, deceptive and misleading representations to plaintiff in connection with defendant's debt collection efforts including: Page 10 of 1~ DEC-11-0B THU 06:15 PM FROM: . ' TO:MCKI9SOCK HOFFMAN - PAGE Thursd&y 11 of Dec 2003, F&xin&tion ->7175403~3~ i. false representations as to the character, amount and/or legal status of alleged debt; ii. false representations as to the Compensation which may be lawfully received by said defendant for the collection of alleged debt; iii. false representations and 'replications to plaintiff trlet p aintifl had committed conduct that disgraced plaintiff or would discjrace plaintiff; Defendant directly and/or through his agents and employees violated 15 U.S.C, § 1692f in his conduct with plaintiff by using unfair and unconscionable means to collect and/or attempt to collect debt allegedly owed by plaintiff, including; i. co!lection of interest, attorneys fees and collection costs and other unidentified expenses not expressly authorized by the agreement creating the debt or otherwise permitted by law. ii. Defendant violated '15 U.S.C, § 1692g by failing to provide adequate notice of the plaintiff's fight to Challenge the validity of the alleged debt. iii. As a result of the above violations of the FDCPA, Defendant Is liable to plaintiff for her aCtual damages, including out of pocket losses and emotional distress, statUtory damages of $1000.00, and costs and attorneys fees. 35. The foregoing acts and omissions of Defendant constttute violations the FDCPA, including, but not limited to, 15 U.S.C. §§ t692c, 1892d, 1692e, 1§92f and 1§92g. 38. Plaintiff is entitled to recover statutory damages, actual damages, reasonable afforney's fees and costs. WHEREFORE, Plaintiff respectfully requests that Judgment be entered against the Defendant in the amount of: (a) Plaintiffs actual damages; (b) $1,000.00 statutory damages, pursuant to 15 U.S.C. § 1692k; (c) costs and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k; (d) such other and further relief as the court deems just and equitable. P_J.l.l.~tiff vs. Defendants Kart M. And Karl M. Ledebohm. AltQme¥ At L.~....· (Violation of the CPL) 37. Plaintiff inCorporates by reference paragraphs I through 36 above as if set fc~h herein in full. 38. Defendant is a debt collector as defined by 37 Pa. Code § 303.2. P&ge 11 o£ iI 6 DEC-II-03 THU 06:15 PM PROM: ' T0:MCKISSOCK HOFFMAN .PAGE 11 Thursday 11 o£ Dec 2003, Fa×ination -~,717540343q 39. Plaintiff is a debtor as defined by 37 Pa. Code. § 303.2. 40. The Defendant has violated the prowsiona of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 73 P.S. § 201-1, et seq., and the Regulations promulgated to enforce that Law al 37 Pa. Code § 303.1 et seq. fherein CPL) by falsely representing the character, extent, and amount of Plaintiffs debt and the fee related to that debt. contrary to 37 Pa,Code § 303.3(3). 41. In his course of conduct set forth above, the Defendant directly and through his agents and/or employees violated the regulations of the Pennsylvania Code concerning debt collection including but not limited to a. making or causing to be made false representations regarding the nature of the contact or communication to the Plaintiff; b. making or causing to be made false representations regarding the amount of the debt and/or fees legally allowed to be imposed on debt allegedly owed by Plaintiff; c, making or causing to be made false representations regarding the source, authorization or approval of acceleration of the debt: d. representing, directly or by implication, that certain action will be taken when such action cannol legally be taken or such action is not intended to be taken; e. causing expenseto Plaintifffor contac[ or communication before ti~e true purpose of the contact or communication is known to Plaintiff or by concealment or misrepresentation of the true purpose of the contact or Communication; f, use of language and threats the natural consequence of which is to abuse, g, conveying credit information which is known or should be known to be false; and h, failure to comply with the validation provisions of the FDCPA: 42. The foregoing acts and omissions Constitute unfair or deceptive and/or unconscionable trade practices made unlawful pursuant to Pennsylvania Code Section 303.1 et. see.. 43. The Defendant's conduct in relation to Plaintiff as set forth above also constitutes deceptive conduct Creating e likelihood of confusion Or misunderstanding. 44. As a result o¢ the Defendant's actions set forth above, Plaintiff has 7 Page 12 of 1~ DEC-II'03 THU 06:16 PM FROM: TO:MCKISSOCK HOFFMAN PAGE 12 Thursday 11 of Deo 2003, Faxination ->7175403434 Page 13 of 1~ sustained ascertainable financial losses including the imposition of Illegal and unwarranted charges for ~interest", attorneys fees and collection cost on the debts. and expenses in seeking counsel including travel costs in addition to emotional distress. 45. Plaintiff is entitled to recover her actual damages, her actual damages trebled, plus reasonable attorney's fees and costs. WHEREFORE plaintiff asks this Honorable Court to (a) enter judgment in favor of plaintiff Debtor against defendant Collector in the amount of her actual damages, plus $1,000.00 statutory damages [or defendant's FDCPA violations; (b) enter judgment against the defendant for three times the plainUff's actual damages pursuant to the Pa. UTPCPL: (c) award counsel for plaintiff reasonable affomeys fees and costs; and (d) grant such other relief as is just and proper. Plaintiff vs. Defendants Kad M. Ledebohm and Kad M. Ledebohm, Attorney At, L~.-; (Fraud and Misrepresentation) 46. Plaintiff incorporates by reference paragraphs 1 through 45 above as if set forth herein in full, 47. The actions of Defendant as alleged herein were done intentionally and with the intent of Defendant to deceive Plaintiff, Defendant's specific statements and actions in claiming entitlement to unauthorized fees, appearing in court and requesting attorney's fees constitute acts of fraud and misreprasentatlon committed by Defendant. Hence. Plaintiff is entitled to recover her actual as well as Punitive damages in an amount to be proven at tdal. relief: WHEREFORE, Plaintiffs pray that this Honorable Court grant the following (a) Award her actual damages; (b) Award her punitive damages; (c) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (d) Award her reasonable attorney's fees; (e) Award her costs; and (f) Grant such other and further relief as it deems just and proper. 8 DEC-II-03 THU 06:16 PM FROM: · TO:MCKIMgOCK HOFFMAN ' PAGE I3 Thursday 11 of Dec 2003, Fa×in&tion ->7175403434 Page 14 o£ 1~ Count 4 Plaintiff vs. Defendants Karl M. Ledebohm .and Karl M. Ledebohm. Attorney At L{~W (Abuse of Process) 48. Plaintiff incorporates by reference paragraphs 1 through 45 above as if set forth herein in full. 49. The Defendant filed suit in the Cour~ of Common Pleas of Cumberland Coanty, Pennsylvania agai~lst named Plaintiff, alleging that the Plaintiff herein owed to client c_.¢editor of Defendant certain association dues, interest and late fees and specifically demanded assessment of attorney's fees against named PlaJr~tiff. 50, The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 49 by using it for the ulterior motive or purpose of collecting unauthorized attorney's fees from the named Plaintiff, Such puroose was not legitimate, regular, or legal in the use of litigation. 51, In the issuance of process and litigation for the ulterior motive of collecting unauthorized attorney's fees, the Defendant commiffed a willful act that was not proper in the use of such process, 52. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injudes and damages include payment of unauthorized affomey's fees, court costs, loss of wages, mental and emotional distress, physical pain, humiliation, and embarrassment, 53, The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable CotJrt grant the following relief: (a) Award her actual damages; (b) Award her punitive damages; (C) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (d) Award her reasonable attorney's fees; (e) Award her costs; and (f) Grant such other and further relief es it deems just and proper, 9 DEC-11-03 THU 06:16 PM FROM: · 'TO:MCKISSOCK HOFFMAN PAGE 14 Thursday 11 of Dec 2003, Faxination -;~717540343q Page 15 of 1~ Count 5 Plaintiff vs. Defendant Allen~ie.w Homeowners Association (Violation of the CPL) 54. Plaintiff incorporates i~y reference paragraphs 1 through 45 above as if set forth herein in full. 55. The Defendant has violated the provisions of the CPL by falsely representing the character, extent, and amount of Plaintiff's debt and the fee related to that debt. contrary to 37 Ps.Code § 303.3(3). 56. The Defendant's conduct in relation to Plaintiff also constitutes deceptive conduct creating a likelihood of confusion or misundemtanding, including but not limited to: a failing to provide notice of annul assessments or to provide information requested by Plaintiff regarding the association dues; h, making or causing to be made false representations r~garding the amount of the dues and/or fees legally allowed to be imposed on dues allegedly owed by Plaintiff; making or causing to be made false ~epresentations regarding the source, authorization or approval of acceleration of the dues and the imposition of attorneys fees; representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; k. causing expense to Plaintiff for Contact or Communication before the true purpose of the contact or communication is known to Plaintiff or by concealment or misrepresentation of the true purpose of the COntact or communica[ion; h failing to provide notice to Plaintiff or comply with Plaintiff's request in violation of Defendant's covenants, by-laws and customary practices, WHEREFORE. Plaintiff respectfully demands judgment against Defendant in an amount sufficient to compensate her for damages incurred by her, including (a) Actual damages; (b) Statutory damages pursuant to 15 U.$,C. § 1692k; (c) Statutory damages pursuant to 73 P.S. § 201 - 9.2. including treble damages; (d) Attorneys' fees and costs; (e) Suct3 other and further relief as the Court deems proper. 10 DEC-II-03 THU 05:17 PM FROM: TO:MCKI~SOCK HOFFMAN 'iPAGE 15 Thursday 11 of Dec 2003, Faxination -)7175~03~3~ Count 6 Pl_~ntiff vs. Defendant Allenview Homeowners Association. (Abuse of Process) 57. Plaintiff incorporates by reference paragraphs 1 through 45 above as it set forth herein in full. 58. The Defendant flied suit in the Cumberland County Court of Common Pleas, Pennsylvania against named Plaintiff, alleging that the Plaintiff herein owed to and Defendant was entitled to an amount of dues (]wed to Defendant and specific, ally demanded assessment of attorney's fees against named Plaintiff, 59, The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 58 by using it for the ulterior motive or purpose of collecting dues that had already been paid and unauthorized afforney's fees from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation, 60. In the issuance of process and litigation for the ultedor motive of collecting paid dues and unauthorized attorney's fees, the Defendant committed a willful act that was not proper in the use of such process. 61. AS a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injuries and damages include payment of collected dues and unauthorized attorney's fees, court costs, loss of Wages, mental and emotional distress, physical pain, humiliation, and embarrassment. 62. The Defendant's abuse of process was Willful and wanton and committed with malice and reckless disregard of the dghts of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her punitive damages; (c) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (d) Award her reasonable attorney's fees: (e) Award her costs; and (f") Grant such other and further relief as it deems just and proper. Page 16 of 1~ 11 DEC-II-03 THU 06:17 PM FROM: · TO:MCKISSOCK HOFF~N Thursday 11 o£ Dec 2003, Faxination ->7175qo343q Page 17 o£ 1~ Dated: Respectfully submitted. Stephen'K.' Portko, Esq. #34538 Bratlc & Portko 101 South U.S. Route 15 Dillsburg, Pennsylvania 17019 (717) 432-9706 Attorneys for Plaintiff 12 DEC-II-03 THU 06:17 PM FROM: · TO:MCKIgSOCK HOFFMAN ' :PAGE i7 McKISSOCK & HOFFMAN, P.C. By: EDWIN A.D. SCHWARTZ, ESQUIRE. I.D.: 75902 2040 LINGLESTOWN ROAD, SUITE 302 HARRISBURG, PA 17110 :717) 540-3400 ATTORNEYS FOR DEFENDANT KARL M. LEDEBOHM, ESQ. DEBORAH GRAHAM, Plaintiff Vo THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL LEDEBOHM, ESQUIRE, Defendants To Plaintiff: Deborah Graham Cio Stephen Portko 101 South U.S. Route 15 Dillsburg, PA 17019 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5713 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You are hereby notified to file a written response to the enclosed Pmllmina.ry Objections within 20 days from service hereof or a default Judgment may be entered against you. PREUMINARY OBJECTIONS OF DEFENDANT, KARL M. LEDEBOHM TO pLA/NTIFF'S COMPLAINT Defendant, Kad M. Ledebohm, (hereinafter referred to as "Defendant"), by and through his counsel, McKissock & Hoffman, P.C., hereby files these Preliminary Objections to Plaintiff's Complaint and, in the support thereof, avers as follows: PREUMINARY O r .E OF EMURRER ~ ~ P~N11FF'S COMPLAINT FOR FAILUR~ TOSTATEAC U~E N OR lC IEF SOUGHT Y BE G ~D PURSUANT~ 4 1. Throughout Plaintiff's Complaint, Plaintiff alleges that the ac'dons and/or omissions of Defendant somehow constituted a violation of Fair Debt Collection Practices Act, 15 U.S.C. §1692, (hereinafter "FDCPA") and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. {}201-1, et seq., (hereinafter "UTPCPL'). 2. Specifically, in paragraph 33 of Plaintiffs Complaint, Plaintiff alleges that Defendant "falsely represented the character, amount and legal status of Plaintiff's debt", "attempted to collect amount that were not expressly authorized by the agreement" and 'engaged in abusive, deceptive and unfair debt collection practices". See Plaintiff's Complaint ¶33(a),(b) and (c). 3. Furthermore, Plaintiff alleges that Defendant: (a) communicated with Plaintiff directly when Defendant knew of Plaintiff's representation by legal counsel; (b) (c) made or caused false, deceptive and misleading representations to Plaintiff, including: (i) the character, amount and/or legal status of Ihe alleged debt; (ii) the compensation which may be law~lly received by s~id defendant for the collection of the alleged debt; (iii) false representations and implicatkms to Plaintiff that Plaintiff had committed conduct that disgraced Plaintiff. used unfair and unconscionable means to collect and/or attempt to collect debt owed by Plaintiff, including: (i) c~lecflon of interest, attorneys fees and collecfi(m costs; (ii) failing to provide adequate notice to Plaintiff. See Plaintiff's Complaint, I[34. 4. Notwithstanding Plaintiff's laborious pleadings efforts, not one single allegation of fact as set forth in the body of Plaintiff's Complaint supports any of the alleged violations as set forth in paragraphs 33 and 34 of Plaintiff's Complaint. 5. When viewed as a whole, Plaintiff's Complaint fails to state a claim for which relief may be granted under either the FDCPA and/or UTPCPL. 6. Furthermore, in the event this Honorable Court determines there to be sufficient factual inference as set forth in plaintiff's Complaint to survive Defendant's instant Preliminary Objections, Defendant submits that all Plaintiff's allegations are patently false and are expressly contradicted by the documentation (Allenview Homeowners Association Covenants and Restrictions) and law applicable (68 P.S. 3301, et seq.) in this case. Therefore, Defendant herein respectfully submits that Plaintiff's instant action is an abuse of civil process and is nothing more than an attempt to avoid payment of a proper debt. As such, Defendant specifically reserves his rights to proceed against Defendant at the conclusion of this matter. 7. Plaintiff's Complaint is legally deficient, in that, Plaintiff is seeking redress for daims for which relief may not be granted under the averments and allegafions as set forth in Plaintiff's Complaint. Field v. Philadelphia Electric Co., 388 Pa. Super. 400, 565 A.2d 1170 (1989); Cloverleaf Development, Inc. v. Horizon Financial, 347 Pa. Super. 75, 500 A.2d 163 (1985). WHEREFORE, Defendant, Karl M. Ledebohm, resped~lly requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's Complaint with prejudice, or in the alternative striking Counts 1 and 2 of Plaintiff's Complaint, and grant all further relief as this Honorable Court may deem proper and just. Furthermore, Defendant respectfully reserves his right to proceed against Plaintiff and Plaintiff's counsel for initiating, commendng and proceeding with the instant frivolous action and further preserves his right to seek all costs and attorney's fees associated with the defense of this matter. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO PLAINTIFF'S COMPLAINT FOR FAII,.URE TO STATE A CAUSE OF ACTION FOR WHICH THE RELIEF SOUGHT MAY SE GRANTED PURSUANT TO PA.R.C.P 1028(A)(4) 8. The averments in paragraphs 1 through 7 of Defendant's Preliminary Objections are incorporated herein by reference. 9. In Counts 3 and 4 of Plaintiff's Complaint, Plaintiff attempts to set forth daims for fraud, misrepresentation and abuse of process. 10. Notwithstanding Plaintiff's creative efforts in pleading causes of action where none actually exist, a cursory review of Plaintiff's Complaint as a whole reveals a complete lack of support for such claims. Not one single allegation of fact as set forth in the body of Plaintiff's Complaint supports any finding the Defendant acted fraudulently toward Plaintiff or that Defendant misrepresented any fact to Plaintiff or that Defendant's action in seeking payment of the sums due and owing from Plaintiff was an 'abuse'. 11. When viewed as a whole, Plaintiff's Complaint, specifically Counts 3 and 4, fails to state a claim for which relief may be granted. 12. Furthermore, in the event this Honorable Court determines there to be sufficient factual inference as set forth in Plaintiff's Complaint to survive Defendant's instant Preliminary Objections, Defendant submits that all Plaintiff's allegations are patently false and are expressly contradicted by the documentation (Allenview Homeowners Association Covenants and Restrictions) and law applicable (68 P.S. 3301, et seq.) in this case. Therefore, Defendant heroin respectfully submits that Plaintiff's instant action is itself an abuse of civil process and is nothing more than an attempt to avoid payment of a proper debt. As such, Defendant specifically reserves his rights to proceed against Defendant at the conclusion of this matter. 13. Plaintiff's Complaint is legally defident, in that, Plaintiff is seeking redress for claims for which relief may not be granted under the averments and allegations as set forth in Plaintiff's Complaint. Field v. Philadelphia Electric Co., 388 Pa. Super. 400, 565 A.2d 1170 (1989); Cloverleaf Development, Inc. v. Horizon Financial, 347 Pa. Super. 75, 500 A.2d 163 (1985). WHEREFORE, Defendant, Kad M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's Complaint with prejudice, or in the altemative striking Counts 3 and 4 of Plaintiff's Complaint, and grant all further relief as this Honorable Court may deem proper and jusL Furthermore, Defendant respectfully reserves his right to proceed against Plaintiff and Plaintiff's counsel for initiating, commenting and proceeding with the instant frivolous action and further preserves his right to seek all costs and attorney's fees associated with the defense of this matter. Pm;Ua , __ u R o F._ -_ . TO STATE ACLAIM FOR WHICH PUNmVE DAMAGES MAY ~ BE AWARDEDPU ~ T PA.R.C.P. 1028 a 14. The averments in paragraphs I through 13 of Defendant's Preliminary Objections are incoqx)rated heroin by reference. 15. In Plaintiff's Complaint, Plaintiff seeks an award of punitive damages. 16. Plaintiff sets forlh a bald, unsupported request for punitive damages. Specifically, Plaintiff fails, and is unable, to set forth any factual averments required by law to support such.a daim. 17. Plaintiff fails and is unable to set forth any legal authority to support Plaintiff's bald, unsupported claim for punitive damages. Absent statutenj authority or any credible theory of law (which insfanfly is specifically absent) Plaintiff cannot, as a matter of law, recover punitive damages. 18. Plaintiffs bald and unsupported claim for punitive damages is unintelligible and insuffidently specific to allow Defendant to formulate a response or defense thereto and therefore must be dismissed under Pa.R.C.P. 1028(a)(3). Although Plaintiff's specific basis for her claim is unknown, Plaintiff certainly fails and is unable to allege factual allegations which support a claim of outrageous condUct or conduct with an evil motive or reckless indifference to the rights of others. Therefore, Plaintiff cannot, as a matter of law, sustain an action for punitive damages, and thus, the demand for punitive damages must be dismissed. Chambers v. Montqomew, 411 Pa. 339, 192 A.2d 355 (1963); Feld v. Merriam, 506 Pa. 383, 485 A.2d 742 (1984). 19. For all masons as set forth in the above Objections, Plaintiff's Complaint is technically and legally deficient, and as such fails to set forth any claims which would warrant an award of punitive damages. WHEREFORE, Defendant, Kad M. Ledebohm, raspedfully requests this Honorable Court to grant his Prelimina~j Objections and enter an Order dismissing Plaintiffs Complaint with pmjudica and grant all further relief as this Honorable Court may deem proper and just. I NA A TO ' Y ' N" V . OF C L 20, The averments in paragraphs I through 19 of Defendant's Preliminary Objections ara incorporated harain by rafemnce. 21. Plaintiff's Complaint is replete with violations of the Pennsylvania Rules of Civil Procedure. Specifically, Plaintiff's pleadings violates the Rules of Procedure in that: Plaintiffs Complaint does not set forth the specific material facts upon which the alleged cause of action is based. See Pa.R.C.P. 1019(a); Plaintiff's Complaint does not set forth its averments of fraud and/or misrepresentation with the requisite specificity. See Pa.R.C.P. 1019(b); Plaintiff'sC°mplaint does not state whether the amount sought for relief exceeds the jurisdictional amount requiring arbitration; See Pa.R.C.P. 1021(c). 22. Pursuant to Pa.R.C.P. 1028(a)(2), a preliminary objection may be filed to pleading which does not conform to law or a rule of court. WHEREFORE, Defendant, Kad M. Ledebohm, respectfully requests this Honorable Court to grant his Preliminary Objections and enter an Order dismissing Plaintiff's Complaint with prejudice and furlher award Defendant all such other relief as is proper and just. P~MINARY OBJECTION IN THE NATURE OF A MOTION TO S'T'PJKE PLAINTIFFS COMPLAINT FOR LACK OF SPECIFICITY PURSUANT TO PA.R.C.P. 1019(a) AND 1028(a)(2)&(3) 23. The averments in paragraphs I through 22 of Defendant's Preliminary Objections are incoqxxated herein by reference, 24. The Pennsylvania Rules of Civil Procedure require that the material facts upon which a cause of action is based be stated in "a concise and summary form." 42 Pa.R.C.P. 1019(a). 25. The Pennsylvania Rules of Civil Procedure permit Preliminary Objections to a pleading which does not conform to law or rule of court. 42 Pa.R.C.P. 1028(a)(2). 26. The Pennsylvania Rules of Civil Procedure permit Preliminary Objections to be filed where there is insufficient specificity in pleading. 42 Pa.R.C.P. 1028(a)(3). 27. Pennsylvania law requires a plaintiff to plead sufficient facts to afford a defendant notice of plaintiff's claims and alleged damages as well as to inform defendant of the relevant issues. 28. Plaintiff's Complaint is fatally defident in that it lacks a dear and concise statement of material facts which are alleged to serve as the basis for Plaintiff's claims against Defendant. 29. A review of Plaintiff Complaint reveals that the only paragraphs in the body of Plaintiff's Complaint which set forth any factual averments pertaining to Defendant, Karl M. Ledebohm are paragraphs 27 and 28. 30. Despite Plaintiff's pleading of various allegations against Defendant Kart M. Ledebohm in Counts I through 4 of Plaintiff's Complaint, there are n_~o facts pled anywhere in the Complaint which support the contentions of malfeasance as alleged against Defendant, Karl M. Ledebohm. 31. Furthermore, Plaintiff's Complaint is replete with vague, ambiguous and unspecific allegations of negligence and damage. 32. Specifically, in paragraphs 34, 35 and 41 of Plaintiff's Complaint Plaintiff qualifies her allegations against Defendant with an open-ended phrase of 'including but not limited to'. 33. This vague and ambiguous qualification of Plaintiff's allegations by use of 'including but not limited to' would possibly lead to the future amplification of Plaintiff's claims against Defendant after the expiration of the applicable statute of limitation. This possible future amplification of claims by use of.vague and unspecific language has been found to impermissible in pleadings. Conner v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983); See also Pa.R.C.P. 1028(a)(2)-(3). Furthermore, due to Plaintiff's inclusion of allegations of fraud and false representations, Plaintiff is obligated to plead such allegations with particularity. See Pa.R.C.P. 1019(b). 35. Plaintiff's Complaint is void of any particular allegations of fact in support of Plaintiff's claims of fraud and false representation against Defendant Kart M. Ledebohm. 36. Absent a dear and concise pleading of the relevant facts (and particular facts in support of fraud claims) which Plaintiff is dependent upon as the basis for their claims against Defendant, Defendant cannot provide a knowing and intelligent response to Plaintiffs' Complaint. WHEREFORE, Defendant, Karl M. Ledebchm, respectfully requests this Honorable Court to grant his Prelimi~apj Objections and enter an Order dismissing Plaintiff's Complaint with prejudice and further award Defendant all such other relief as is proper and just. Dated: J~q -,,,~- o~ Respectfully submitted, By:. ~ uire Edwin A.D. S~q I.D. No.: 75902 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 (717) 54O-34O0 Attomeys for Defendant, Karl M. Ledebohm, Esquire CERTIFICATE OF SERVICE I hereby certify that I amthis day serving a copy of the foregoing Preliminary Objections upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Stephen Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (Counsel for Plaintiff) Dated: Md(isso(A & Hoffman, P.C. By: ~ ' Identification No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Karl M. Ledebehm, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, T/D/B/A KARL M. LEDEBOHM, Attorney At Law Defendants NOTICE CML ACTION NO. 03-5713 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 and notice are served, by entedng 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 ara 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notiflcacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a 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 deflende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiem que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ob'os derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFIClENTE DE PAGAR TAL SERVlCO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECClON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASlSTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7t7) 249-3t66 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, TIDIBIA CIVIL ACTION NO. 03-5713 KARL M. LEDEBOHM, Attorney At Law: Defendants : FIRST AMENDED COMPLAINT I. Parties 1. Plaintiff Deborah L. Graham is an adult individual, residing at 902 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Karl M. Ledebohm and Karl M. Ledebohm t/d/b/a Karl M. Ledebohm, Attorney At Law, (herein "debt collector") is, to the best of Plaintiff's knowledge, an individual and sole proprietorship, with his business offices at 90A Fetrow Lane, New Cumberland, Pennsylvania 17070 and mailing address at P.O. Box 173, New Cumberland, PA 17070. 3. Defendant The Ailenview Homeowners Association (herein "Association") is, to the best of Plaintiff's knowledge, a residential unit owner's association and non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 3915 Market Street, Camp Hill, PA 17011. 4. Plaintiff is a "consumer" within the meaning of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., (herein FDCPA) and a "debtor" within the meaning of Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., and the Regulations promulgated to enforce that Law at 37 Pa. Code § 303.1 et seq. (herein CPL). 5. Defendant Karl M. Ledebohm and/or Defendant Karl M. Ledebohm t/d/b/a Karl M. Ledebohm, Attorney At Law is a "debt collector" within the meaning of the FDCPA and the CPL, and acted at the direction of and on behalf of Defendant Allenview Homeowners Association. I1. Factual Allegations 6. On or about December 28, 2000, Plaintiff purchased a townhouse residence located at 902 Allenview Drive, Mechanicsburg, PA. 7. Plaintiff's townhouse residence is part of a planned residential development known as Allenview which community development is maintained and preserved by the Defendant, Allenview Homeowners Association [hereinafter "Allenvie~V']. 8. Defendant Allenview is authorized to collect an annual assessment from the residents of Allenview to pay for the maintenance and preservation of the planned residential development. 9. At all times relevant hereto, the annual assessment collected by Defendant Allenview was collected in quarterly installments by sending a coupon book that contained the assessment information and due dates. 10. Defendant AllenvJew is required to send written notice of the annual assessment at least 30 days in advance of such date or period and Defendant's Board of Directors has authorized collection of dues in quarterly installments by sending coupon books containing the quarterly assessment and due dates. 11. Plaintiff purchased her townhouse residence on December 28, 2000, at which time dues were paid in full through February of 2001. Thereafter, .Plaintiff did not receive any notice of the 2001 annual assessment nor did she receive a coupon book for the quarterly payments commencing on March 1, 2001. 12. The only notice or communication Plaintiff received from Defendant Allenview regarding the 2001 association dues was a demand letter dated August 1, 2001 from Betty Fitzpatrick, Defendant's Property Manager, for unpaid dues of $459.38. A true and correct copy of the letter is marked Exhibit "A" attached hereto and incorporated herein by reference thereto. 13. Upon receipt of the aforesaid letter and in reply to Defendant's demand for late dues of $459.38, Plaintiff contacted the property manager by phone and in writing and requested a copy of the assessment and coupon book 2 for the association dues; Defendant assured Plaintiff that the information and a coupon book would be sent to her so that Plaintiff could make payments. 14. Despite Defendant's promise to send the information and coupon book that would provide Plaintiff with the proper method for paying dues, when no coupon book or assessment notice for the year 2001 had arrived by August 31, 2001, Plaintiff went ahead and sent payment of the requested $459.38. 15. On or about November 16, 2001, Plaintiff again contacted Defendant. Allenview because she had not received the coupon book or any information on the association dues and Plaintiff was given the amount due over the phone and assured once again that a coupon book would be forthcoming. 16. As a result, on November 16, 2001, Plaintiff sent payment in the amount of $231.92 which Defendant Allenview had verbally claimed was due. 17. Contrary to Defendant's repeated assurances, Plaintiff never received a coupon book or assessment information for the year 2001; and then on or about January 23, 2002, Plaintiff received another letter from Defendant Allenview advising Plaintiff about unpaid dues and a late charge that was being added. 18. Concerned about Defendant's failure to send the coupon book and alarmed when Defendant added late charges to association dues that Plaintiff never received notice of, Plaintiff immediately went to Defendant's business location on January 23, 2002 to speak with the manager and inspect the assessment roster or obtain the previously requested information. 19. At the aforesaid time and place, Plaintiff attempted to resolve the problems she was experiencing due to Defendant's neglect to provide notice of association dues; however, the property manager was not available to speak with her and no one at Defendant's place of business would allow Plaintiff to inspect the assessment roster or obtain related information. 20. Thereafter, Defendant's property manager contacted Plaintiff to advise her that they would only be able to provide a coupon book for the upcoming year and that this coupon book would not be available until sometime in March of 2002. 21. In disregard of the previous attempts and efforts Plaintiff made to obtain 3 a coupon book or information about the 2001 association dues, Defendant Allenview again failed to properly notify Plaintiff when it neglected to send the required assessment notice or a coupon book for the dues assessed in 2002. 22. The only notice that Plaintiff received was whenever Defendant Allenview sent notice that late charges had been added. 23. On or about June 28, 2002, Plaintiff contacted Defendant Allenview and again inquired why she had not receive a coupon book or written validation for the 2002 quarterly dues but Defendant gave no explanation except to apologize and verbally notify Plaintiff that $444.08 was the amount showing due. 24. Plaintiff agreed to pay $444.08 but demanded that they either send her a coupon book or written validation so that she could keep record and make timely payment otherwise she would make no further payments; agreeably, Defendant Allenview promised to send the requested coupon book. 25. The problems experienced by Plaintiff regarding Defendant's failure to send notices or coupon books or to disclose assessment records were repetitive and ongoing despite Plaintiff's efforts to resolve these matters. 26. Each time Plaintiff complained to Defendant Ailenview that she was not receiving assessment notices or quarterly statements, Defendant promised they would correct the problem but then never did. 27. Disregarding their obligation to send notice of the yearly dues or fulfill their promises to send the coupon books, Defendant Allenview had their collection attorney, Karl M. Ledebohm, Attorney At Law, send a collection letter to Plaintiff which he sent on November 19, 2002. A true and correct copy of the aforesaid collection letter is marked Exhibit "B" attached hereto and incorporated herein by reference thereto. 28. A second letter was allegedly sent by, Defendant Karl M. Ledebohm, on January 14, 2003; however, Plaintiff did not receive a copy until Defendants filed their collection suit on February 19 2003. A true and correct copy of the aforesaid collection letter is marked Exhibit "C" attached hereto and incorporated herein by reference thereto. 29. During the year 2003, Plaintiff finally received notice of the annual 4 assessment and a coupon book for 2003 which enabled her to make the required payments and keep her own records. 30. On February 17,'2003, Plaintiff sent written request to Defendant Allenview again requesting a copy of the assessment and coupon book for 2002 which went unanswered by Defendant. 31. To date Plaintiff has paid all dues and late charges that have been assessed against her since residing in Allenview, but refuses to pay the unjust demand for attorneys fees/interest falsely represented and not authorized. 32. As is alleged hereinabove, defendants Ledebohm and Allenview have, and are, engaged in the practice of collecting attorney's fees against homeowners prior to legal action being filed. Such practice is wrongful and unlawful in that such fees are assessed prior to action being instituted or judgment issued by the court. 33. Defendants Ledebohm and Allenview have employed the acts and practices described hereinabove deliberately, willfully, and for the specific purpose, intent, and ulterior motive of maximizing the amount of recovery against homeowners and preventing said homeowners from either contesting the validity of the charges, defending against the lawsuit, or challenging actions taken to enforce the claim for dues and attorneys fees. Accordingly, such practices constitute an intentional misuse of the judicial system, and an abuse of process. 34.The defendants are aware that it is cost prohibitive for homeowners to present a defense in a relatively minor collection action. The defendants are further aware that most homeowners lack the knowledge and sophistication to know and understand their rights and obligations with respect to the imposition and collection of association dues, such that any homeowner who receives a demand letter from an attorney is likely to conclude that no defensive action is reasonably available. 35.As a result of the abusive practices described above, Plaintiff has suffered damages, including monetary damages and losses, humiliation, anxiety, and severe emotional distress. In the issuance of process and litigation for the ulterior motive of collecting unauthorized attorney's fees, the Defendants committed a willful act that was not proper in the use of such process. 5 III. Causes of Action Count 1 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attomey At Law (Violation of the FDCPA) 36. Plaintiff incorporates by reference paragraphs 1 through 35 above as if set forth herein in full. 37. Defendant Karl M. Ledebohm is a debt collector as defined by the FDCPA, 15 U.S.C. § 1692a(6). Defendant Karl M. Ledebohm, tJd/b/a Karl M. Ledebohm, Attorney At Law, is a debt collector as defined by the FDCP^, 15 U.S.C. § 1692a(6). 38. The Defendant debt collector has violated the provisions of the FDCPA as follows: a. They have falsely represented the character, amount, and legal status of Plaintiffs debt, contrary to15 U.S.C. § 1692e(2). b. They have attempted to collect amounts that were not expressly authorized by the agreement or permitted by law, contrary to 15 U.S.C. § 1692f(1). c. They have engaged in abusive, deceptive, and unfair debt collection practices, contrary to 15 U.S.C. § 1692(f). 39. Moreover, Defendant debt collector has violated the FDCPA in his course of conduct with the plaintiff. Defendant's violations include, but are not limited to, the following: Defendant directly and/or through his agents and employees, violated 15 U.S.C. § 1692c by communicating with Plaintiff when Defendant knew she was represented by an attorney with respect to such debt. Defendant directly and/or through his agents and employees, violated 15 U.S.C. § 1692e by making or causing to be made false, deceptive and misleading representations to plaintiff in connection with defendant's debt collection efforts including: i. false representations as to the character, amount and/or legal status of alleged debt; ii. false representations as to the compensation which may be lawfully received by said defendant for the collection of alleged debt; iii. false representations and implications to plaintiff that plaintiff had committed conduct that disgraced plaintiff or would disgrace plaintiff; 6 c. Defendant directly and/or through his agents and employees violated 15 U.S.C. § 1692f in his conduct with plaintiff by using unfair and unconscionable means to collect and/or attempt to collect debt allegedly owed by plaintiff, 'including: i. collection of interest, attorneys fees and collection costs and other unidentified expenses not expressly authorized by the agreement creating the debt or otherwise permitted by law. ii. Defendant violated 15 U.S.C. § 1692g by failing to provide adequate notice of the plaintiff's right to challenge the validity of the alleged debt. iii. As a result of the above violations of the FDCPA, Defendant is liable to plaintiff for her actual damages, including out of pocket losses and emotional distress, statutory damages of $1000.00, and costs and attorneys fees. 40. The foregoing acts and omissions of Defendant constitute violations of the FDCPA, including, but not limited to, 15 U.S.C. §§ 1692c, 1692d, 1692e, 1692f and 1692g. 41. Plaintiff is entitled to recover statutory damages, actual damages, reasonable attorney's fees and costs. WHEREFORE, Plaintiff respectfully requests that Judgment be entered against the Defendant in the amount of: (a) (b) (c) (d) Plaintiff's actual damages; $1,000.00 statutory damages, pursuant to 15 U.S.C. § 1692k; costs and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k; such other and further relief as the court deems just and equitable. Count 2 Plaintiff vs. Defendants Karl M. Ledebohm And Kart M. Ledebohm, Attorney At Law (Violation of the CPL) 42. Plaintiff incorporates by reference paragraphs 1 through 41 above as if set forth herein in full. 43. Defendant is a debt collector as defined by 37 Pa. Code § 303.2. 44. Plaintiff is a debtor as defined by 37 Pa. Code § 303.2. 45. The Defendant has violated the provisions of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., and the Regulations promulgated to enforce that Law at 37 Pa. Code § 303.1 et seq. 7 (herein CPL) by falsely representing the character, extent, and amount of Plaintiff's debt and the fee related to that debt, contrary to 37 Pa. Code§ 303.3(3). 46. In his course of conduct set forth above, the Defendant directly and through his agents and/or employees violated the regulations of the Pennsylvania Code concerning debt collection including but not limited to a. making or causing to be made false representations regarding the nature of the contact or communication to the Plaintiff; b. making or causing to be made false representations regarding the amount of the debt and/or fees legally allowed to be imposed on debt allegedly owed by Plaintiff; c. making or causing to be made false representations regarding the source, authorization or approval of acceleration of the debt; d. representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; e. causing expense to Plaintiff for contact or communication before the true purpose of the contact or communication is known to Plaintiff or by concealment or misrepresentation of the true purpose of the contact or communication; f. use of language and threats the natural consequence of which is to abuse, g. conveying credit information which is known or should be known to be false; and h. failure to comply with the validation provisions of the FDCPA; 47. The foregoing acts and omissions constitute unfair or deceptive and/or unconscionable trade practices made unlawful pursuant to Pennsylvania Code Section 303.1 et. seq.. 48. The Defendant's conduct in relation to Plaintiff as set forth above also constitutes deceptive conduct creating a likelihood of confusion or misunderstanding. 49. As a result of the Defendant's actions set forth above, Plaintiff has sustained ascertainable financial losses including the imposition of illegal and unwarranted charges for "interest", attorneys fees and collection cost on the debts, and expenses in seeking counsel including travel costs in addition to emotional distress. 50. Plaintiff is entitled to recover her actual damages, her actual damages trebled, plus reasonable attorney's fees and costs. WHEREFORE plaintiff asks this Honorable Court to (a) enter judgment in favor of plaintiff Debtor against defendant Collector in the amount of her actual damages, plus $1,000.00 statutory damages for defendant's FDCPA violations; (b) enter judgment against the defendant for three times the plaintiff's actual damages pursuant to the Pa. UTPCPL; (c) award counsel for plaintiff reasonable attorneys fees and costs; and (d) grant such other relief as is just and proper. Count 3 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Fraud and Misrepresentation) 51. Plaintiff incorporates by reference paragraphs 1 through 50 above as if set forth herein in full. 52. The actions of Defendant as alleged herein were done intentionally and with the intent of Defendant to deceive Plaintiff. Defendant's specific statements and actions in claiming entitlement to unauthorized fees, appearing in court and requesting attorney's fees constitute acts of fraud and misrepresentation committed by Defendant. Hence, Plaintiff is entitled to recover her actual as well as punitive damages in an amount to be proven at trial. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (c) Award her reasonable attorney's fees; (d) Award her costs; and (e) Grant such other and further relief as it deems just and proper. Count 4 Plaintiff vs. Defendants Kart M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Abuse of Process) 53. Plaintiff incorporates by reference paragraphs 1 through 50 above as if set forth herein in full. 9 54. On February 19, 2003, the Defendant filed suit in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 03-728, against named Plaintiff, alleging that the Plaintiff herein owed to client creditor of Defendant certain association dues, interest and late fees and specifically demanded assessment of attorney's fees against named Plaintiff. 55. The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 54 by using it for the ulterior motive or purpose of collecting unauthorized attorney's fees from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation. 56. In the issuance of process and litigation for the ulterior motive of collecting unauthorized attorney's fees, the Defendant committed a willful act that was not proper in the use of such process. 57. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injudes and damages include payment of unauthorized attorney's fees, court costs, loss of wages, mental and emotional distress, physical pain, humiliation, and embarrassment. 58. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (c) Award her reasonable attorney's fees; (d) Award her costs; and (e) Grant such other and further relief as it deems just and proper. Count 5 Plaintiff vs. Defendant Allenview Homeowners Association (Violation of the CPL) 59. Plaintiff incorporates by reference paragraphs 1 through 50 above as if set forth herein in full. 10 60. The Defendant has violated the provisions of the CPL by falsely failing to provide timely notification of dues and failing to provide a coupon book for the aforesaid dues as Defendant provided to the other property owners in its normal course of business and as required of it pursuant to its operating procedures. 61. The Defendant's conduct in relation to Plaintiff also constitutes deceptive conduct creating a likelihood of confusion or misunderstanding, including but not limited to: a. failing to provide notice of annul assessments or to provide information requested by Plaintiff regarding the association dues; b. making or causing to be made false representations regarding the amount of the dues and/or fees legally allowed to be imposed on dues allegedly owed by Plaintiff; c. making or causing to be made false representations regarding the source, authorization or approval of acceleration of the dues and the imposition of attorneys fees; d. representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; e. causing expense to Plaintiff for contact or communication before the true purpose of the contact or communication is known to Plaintiff or by concealment or misrepresentation of the true purpose of the contact or communication; f. failing to provide notice to Plaintiff or comply with Plaintiff's request in violation of Defendant's covenants, by-laws and customary practices; g. failing to act in good faith in its dealings with Plaintiff. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount sufficient to compensate her for damages incurred by her, including (a) Actual damages; (b) Statutory damages pursuant to 73 P.S. § 201 - 9.2, including treble damages; (c) Attorneys' fees and costs; (d) Such other and further relief as the Court deems proper. Count 6 Plaintiff vs. Defendant Allenview Homeowners Association (Abuse of Process) 62. Plaintiff incorporates by reference paragraphs 1 through 50 above as if set forth herein in full. 11 63. On February 19, 2003,the Defendant filed suit in the Cumberland County Court of Common Pleas, Pennsylvania, docketed to No. 03-728, against named Plaintiff, alleging that the Plaintiff herein owed to and Defendant was entitled to an amount of dues owed to Defendant and specifically demanded assessment of attorney's fees against named Plaintiff. 64. The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 63 by using it for the ulterior motive or purpose of collecting unauthorized attorney's fees and charges from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation. 65. In the issuance of process and litigation for the ulterior motive of collecting paid dues and unauthorized attorney's fees, the Defendant committed a willful act that was not proper in the use of such process. 66. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injuries and damages include payment of collected dues and unauthorized attorney's fees, court costs, loss of wages, mental and emotional distress, physical pain, humiliation, and embarrassment. 67. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her compensatory damages for mental and emotional distress, humiliation and embarrassment; (c) Award her reasonable attorney's fees; (d) Award her costs; and (e) Grant such other and further relief as it deems just and proper. Dated: Bratic & Portko [717-432-9706] 101 South U.S. Route 15 Dillsburg, Pennsylvania17019 Attorneys for Plaintiff 12 VERIFICATION I, Deborah L. Graham, hereby acknowledge that I am Plaintiff in the foregoing First Amended Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. D~b0~h ~.. Grah'~'m ALLENVIEW HOMEOWNERS ASSOCIATION JACK GAUGHEN REALTOR ERA-PROPERTYMANAGEM~NT 3915 Market Street, Camp Hill, PA 17011 Phone:612-5165 Fax: 761-1495 August1,2001 Ms. Debra Graham 902 Allenview Drive Mechanicsburg, PA 17055 Dear Ms. Graham: According to our records, your association dues remain unpaid since March, 2001. If the amount of $459.38 is not paid by the end of August, 2001, your account will be turned over to the Association's attorney for collection, To avoid attorney's fees added to your association dues, please pay the $459.38 before the end of August. If the amount is in question, please feel free to give me a call at (717)612-5165. Very truly yours, Betty Fitzpatrick Property Manager K~kRL M. LEDEBOHM .At~rn~y-At-i.~w P.O. Box 173 NEW CUMBERLAND, PA 1707t}-0173 (717) 9 Fax: (717) 93g-69~9 Novcmbt:t 1.9. 2002 VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED .AND REGULAR MAIL Deborah Graham ,)1)2 Allenvie'.v Drive Mcchanicsburg, PA 17{~55 RE: Delinquent Homeowner's Association Dues - Property: 902 Allenview Drive. Ylechanicsburg PA Dc:tr Ms. Graham: Pursuant Io the Fair Debt Collection Practices Act, I am required to inform you that this letter is an attempt to collect a debt and any information obtained will be used for that purpose. An important notice of rights is slated on the back side of this letter. Thc Allenview Itomct~wner's Association ( the "Association") h~s referred tu my ,,trice the collection ,,1 thc delinquent ,Msociation dues regarding the above-referenced property..-',5 a result of your failure to pay to the ?~_ssociafion the Dues for June. July and August and September. October and November 2002. the Association hereby exercises its rights under thc Ct venants and Restrictions tff Record to accelerate all dues ass~ssed against the aN~ve property tot 2002 through February 2003 and hereby demands payment in the amount of itemized as fullows: Dues Ior June - August 2. Dues for September - N~ vcmber 2002 3. Dues for December 2002 - Februaryr _(}(lo -1.. Late Charges b. :.Mtorncy's fees $208.00 208.1)0 12.48 125.0{I Totai duc to tt~c Association ' ~.00_ as ol November 19. '~ '~ $761,4S Demand is hereby made for the payment of the $761.48 to the :~sociation within thirLv (30) days of the date of this letter. In the event you do not pay thc above amount within thirty ¢30) days of the date of this letter, in full. plus interest to the date of payment. I have advised the Assnciation to file suit against you for the collection of the amounts duc to the Association without further notice. In such event, the amount which you owe to thc .-Lssociation may increase by such amounts as additional interest, court costs, sheriff's fees as well a.~ any reasonable attorney's fees incurred by the association. If you do not want the Association to sue yuu. Please contact Beuy Fitzpatrick at 612- 5165 within thirty (301 davs of this letter m arrange payment. Very Truly ;'ours Karl M. Lcdebohm cc: Betty Fitzpatrick Property. Manaoer KARL M. LEDEBOHM A'i-T'ORNEY.AT LAW P,O. BOX 173 New Cumbertana, PA 17070-0173 Phone: 717-938-6929 Fax: 717~932.0317 January 14, 2003 Det~orah Graham 902 Ailenview Ddve Mechanicsuurg, PA 17055 Re: Delinquent Homeowner's Association Dues- PropeA, y: 902 Ailenview Drive Dear Ms. Graham: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICEs ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN A'~; t:MPT TO COLLECT A DEBT AND WILL BE USED FOR THAT PURPOSE. ANY INFORMATION OBTAINED ~ you know, the Allenview Homeowner's Assoc~ation ~ the ~" .... ~ Association") has refen'e;/to my Office the collec~on of the daiinquent Association Dues mgamling the abovereferenced Property(the "Property"). By letter clate~ Novemper 19, 2002, a copy of which is again enclosed for your reference, the Association accelerated all clues assessed against the Property for 2002 through February 2003 anti clemandecl the payment of ail dues due to the Assoc/afion in the amount of $761.48. On De~m.,ber, 6. 2002, the Associalion rece/ved and applied a partial payment to the amounts due to the Assoc;ation m the amount of $2~. 8.00. The above payment has been apptiecl to the amounts which you owe to the Asso~ation as a parUai payment without waiver of any clemarl;I for the payment of all amounts due to the Assoc/ation ancl without postpOnement of any dghts or remedies availaUe to the Association to coJlect the balance of the incle~edness without further nofice, The above pa~ai Payment has been app/ied to the amounts due as follows: I. Legal fees 2. Late charges $125.00 3. Dues for June through August 2002 12.48 4. Total amount appiied 70.52 $208.00 Afler the application of the above papal payment the amount which you now owe to the AssoCiation is $853,48 itemized as follows: 1. Balance of Dues for June through August 2~02 $137.48 2, Dues for September- Novem~r 2002 .3. Dues for Decemper 2002 - Fel:XlJary 2003 208.00 · 4. Legal fees 208.00 300.00 5. Total due to the Association as of 1/14/O3 $853.48 The Associat on continues to clemand the immediate payment otthe $853,48 Failure to cletiver payment in the amount of $853,48 to the Ass.ociation immedJatety wiil result in t'he t~ling of a tega; action against you to collect the balance of the mcle~eclness clue to the Association without further notice, interest, legal fees and costs continue to accrue on the apOve o~igatJon. EX}{IBIT "C" · Page 2 January 14.2003 If you do not want the Association Io sue you. Please contact Betty Fitzpatrick at 612-5165 to arrange payment. Cc: Betty F~patHck, Property Manager Very truly/youm. /..,,, /.--~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and KARL M. LEDEBOHM, T/D/B/A KARL M. LEDEBOHM, Attorney At Law Defendants CIVIL ACTION NO. 03-5713 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that I served a true and correct copy of the PLAINTIFF'S FIRST AMENDED COMPLAINT in the above captioned matter upon the individual listed below by depositing a tree and correct copy of the same in the U.S. Mails postage prepaid, addressed to: Edwin A.D. Schwa~z, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorney for Defendant Ledebohm Michael L. Bangs, Esquire Bangs Law Office 302 South 18°a Street Camp Hill, PA 17011 Attorney for Defendant Allenview Homeowners Assoc. Date: 101 SouthU.S. Route 15 Dillsburg, PA 17019 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff V. THE ALLENVIEW HOMEOWNERS : ASSOCIATION and : CIVIL ACTION NO. 03-5713 KARL M. LEDEBOHM and : KARL M. LEDEBOHM, T/D/B/A : KARL M. LEDEBOHM, Attorney At Law: Defendants : JURY TRIAL DEMANDED NOTICE 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 and notice are 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 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le hah demandado a usted en la code. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al padir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la code en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia code tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la code puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECClON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff : CIVIL ACTION NO. 03-5713 THE ALLENVIEW HOMEOWNERS : ASSOCIATION and . KARL M. LEDEBOHM and : KARL M. LEDEBOHM, T/D/B/A : KARL M. LEDEBOHM, Attorney At Law: Defendants : JURY TRIAL DEMANDED SECOND AMENDED COMPLAINT I. Parties 1. Plaintiff Deborah L. Graham is an adult individual, residing at 902 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Karl M. Ledebohm and Karl M. Ledebohm t/d/b/a Karl M. Ledebohm, Attorney At Law, (herein "debt collector") is, to the best of Plaintiff's knowledge, an individual and sole proprietorship, with his business offices at 90A Fetrow Lane, New Cumberland, Pennsylvania 17070 and mailing address at P.O. Box 173, New Cumberland, PA 17070. 3. Defendant The Allenview Homeowners Association (herein "Allenview") is, to the best of Plaintiff's knowledge, a residential unit owner's association and non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 3915 Market Street, Camp Hill, PA 17011. 4. Plaintiff is a "consumer" within the meaning of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., (herein FDCPA) and a "consumer" within the meaning of Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., (herein CPL) and the Fair Credit Extension Uniformity Act, 73 Pa. Cons. Stat. § 2270.1 et seq. (herein FCEUA). 5. Defendant Karl M. Ledebohm and/or Defendant Karl M. Ledebohm t/d/b/a Karl M. Ledebohm, Attorney At Law is a "debt collector" within the meaning of the FDCPA, CPL and the FCEUA, and acted at the direction of and on behalf of Defendant Allenview Homeowners Association. I1. Factual Allegations 6. On or about December 28, 2000, Plaintiff purchased a townhouse residence located at 902 Allenview Drive, Mechanicsburg, PA. 7. Plaintiff's townhouse residence is part of a planned residential development known as AIlenview which community development is maintained and preserved by the Defendant, Allenview Homeowners Association [hereinafter "AIlenview"]. 8. Defendant Allenview is authorized to collect an annual assessment from the residents of AIlenview to pay for the maintenance and preservation of the planned residential deveJopment. 9. At all times relevant hereto, the annual assessment made by Defendant AIlenview was to be collected in quarterly installments by sending a coupon book that contained the assessment information and due dates. 10. Defendant Allenview is required to send written notice of the annual assessment at least 30 days in advance of such date or period and Defendant Allenview collected the dues by mailing coupon books containing the quarterly assessment and due date. 11. Plaintiff purchased her townhouse residence on December 28, 2000, at which time Defendant Allenview represented the applicable dues were paid in full through February of 2001. Thereafter, Plaintiff did not receive any notice of the 2001 annual assessment nor did she receive a coupon book or any information about the quarterly due dates and amounts. 12. The only notice or communication Plaintiff received from Defendant Allenview regarding the 2001 association dues was a demand letter dated August 1, 2001 from Betty Fitzpatrick, Defendant's Property Manager, for unpaid dues of $459.38. A true and correct copy of the letter is marked Exhibit "A" attached hereto and incorporated herein by reference thereto. 13. Upon receipt of the aforesaid letter and in reply to Defendant's 2 demand for late dues of $459.38, Plaintiff contacted the property manager by phone and in writing and requested a copy of the annual assessment and due dates; Defendant assured Plaintiff that the information and a coupon book would be sent to her so that Plaintiff could make timely payments. 14. Despite Defendant's promise to send the information and coupon book which was the established method allegedly used by Defendant Allenview to collect dues, when no coupon book or assessment notice for the year 2001 had arrived by August 31, 2001, Plaintiff went ahead and sent payment of the requested $459.38. 15. On or about November 16, 2001, Plaintiff again contacted Defendant Allenview because she had not received the coupon book or any information on the association dues and payment dates; and Plaintiff was given the information over the phone and assured once again that a coupon book would be forthcoming. 16. As a result, on November 16, 2001, Plaintiff sent payment of $231.92 which amount Defendant AIlenview had verbally given Plaintiff over the phone. 17. Contrary to Defendant's repeated assurances, Plaintiff never received a coupon book or assessment information for the year 2001; and then on or about January 23, 2002, Plaintiff received another letter from Defendant Allenview advising Plaintiff that her dues were late and a late charge was being added. 18. Concerned about Defendant's repeated failure to send the coupon book and alarmed that Defendant added late charges to association dues that Plaintiff never received notice of, Plaintiff immediately went to Defendant's place of business on January 23, 2002 to speak in person with the manager, inspect the assessment roster and obtain the previously requested information. 19. At the aforesaid time and place, Plaintiff attempted to resolve the problems she was experiencing in not receiving any documentation about the association dues; however, the property manager was not available to speak with her and no one at Defendant's place of business would allow Plaintiff to inspect the assessment roster or obtain related information. 20. Thereafter, Defendant's property manager contacted Plaintiff by phone 3 to advise her that Defendant AIlenview could only provide a coupon book for the upcoming year and that this coupon book would not be available until sometime in March of 2002. 21. In disregard of Plaintiff's complaints that she had not received any assessment notice or coupon book for 2001, Defendant Allenview again failed to properly notify Plaintiff when it neglected to send the required assessment notice or a coupon book for the dues assessed in 2002. 22. The only notices that Plaintiff received was whenever Defendant Allenview contacted her about dues being late. 23. On or about June 28, 2002, Plaintiff contacted Defendant Allenview and again inquired why she had not receive a coupon book or written validation for the 2002 quarterly dues but Defendant gave no explanation except to apologize and verbally notify Plaintiff that $444.08 was due. 24. Plaintiff agreed to pay $444.08 but demanded that they either send her a coupon book or provide her with the information needed to make the quarterly payments; otherwise she would make no further payment without proper written notice. Defendant AIlenview agreed to send a coupon book. 25. The problems experienced by Plaintiff regarding Defendant's failure to send notices or coupon books or to disclose assessment records were repetitive and ongoing despite Plaintiff's efforts to resolve these matters. 26. Each time Plaintiff complained to Defendant Allenview that she was not receiving assessment notices or quarterly statements, Defendant promised they would correct the problem but then never did. 27. Disregarding their obligation to send notice of the yearly dues or fulfill their promises to send the coupon books, Defendant Allenview had their collection attorney, Karl M. Ledebohm, Attorney At Law, send a collection letter to Plaintiff which he sent on November 19, 2002. A true and correct copy of the aforesaid collection letter is marked Exhibit "B" attached hereto and incorporated herein by reference thereto. 28. The collection letter dated November 19, 2002, contains a demand for 4 "Late Charges" of $12.48 and "Attorney's fees" of $125, the former being an illegal charge and the latter falsely representing services rendered or compensation which may be lawfully received. 29. Although Defendant Ledebohm's collection letter refers to the Association's rights under the Covenants and Restrictions of Record ("Declaration") to accelerate all dues assessed, such statement is misleading and deceptive because it does not fully or accurately recite the applicable provisions and it implies a remedy or remedies that are not provided therein. A true and correct copy of the Declaration is marked Exhibit "D" attached hereto and incorporated herein by reference thereto. 30. Further, Defendant Ledebohm's collection letter creates the false impression that suit will be commenced immediately after 30 days if payment in full is not made. Because Defendant Ledebohm sent another collection letter two months later on January 14, 2003, without having filed suit, the threat of suit was deceptive because it was not intended by the debt collector when the threat was made and it was not as imminent as represented. 31. The second collection letter allegedly sent by, Defendant Karl M. Ledebohm, is dated January 14, 2003; however, Plaintiff did not receive a copy until Defendants filed their collection suit on February 19, 2003. A true and correct copy of the aforesaid collection letter is marked Exhibit "C" attached hereto and incorporated herein by reference thereto. 32. The second collection letter includes a claim for additional legal fees of $300 with no explanation of the services rendered or authority for such fees. It then informs Plaintiff that "interest, legal fees and costs continue to accrue" so as to mislead and confuse as to the amount owed. Moreover, Defendant Ledebohm informs Plaintiff that he has taken her dues and applied them to his fees without informing Plaintiff of her right to have the charges validated and the debt verified. 33. On February 17, 2003, Plaintiff sent written request to Defendant Allenview again requesting an accounting of her assessments and a coupon book for 2002 which went unanswered by Defendant. 34. Finally on or about May 16, 2003 Defendant, Allenview sent a statement of account to Plaintiff showing that her dues were paid in full with the exception of the unauthorized legal fees that they wrongfully imposed. A true and correct copy of the aforesaid statement is marked Exhibit "E" attached hereto and incorporated herein by reference thereto. 35. Starting in the year 2003, Defendant AIlenview for the first time sent Plaintiff notice of the annual assessment and a coupon book which enabled her to make the required payments during 2003 and keep her own accounting and record of due dates. 36. To date Plaintiff has paid all dues and interest that have been legally assessed against her since residing in Allenview, but refuses to pay the unjust demand for attorneys fees or late charges falsely represented and not authorized. 37. Defendants Ledebohm and Allenview have attempted to collect unauthorized attorney's fees and late charges against Plaintiff by deducting these unlawful charges from payments made by Plaintiff and creating the appearance of default. Such practice is wrongful and unlawful because the Declaration does not permit these charges except after suit is filed and only in the event a judgment is obtained shall there be added "a reasonable attorney's fee to be fixed by the court". Defendants sent two collection letters but imposed attorney's fees in the amount of $425 prior to judgment and without being fixed by the court. These charges are contrary to the Association's Declaration, a deceptive and unfair practice, and in violation of federal and state fair debt collection laws. 38. Defendants Ledebohm and Allenview have employed the acts and practices described hereinabove deliberately, willfully, and for the specific purpose, intent, and ulterior motive of maximizing the amount of recovery against Plaintiff and preventing her from either contesting the validity of the charges or challenging actions taken to enforce the claim for such attorneys fees. Accordingly, such practices constitute an intentional misuse of the judicial system, and an abuse of process. 39. The defendants are aware that it is cost prohibitive for a consumer such 6 as the Plaintiff to present a defense in a relatively minor collection action. The defendants are further aware that most consumers lack the knowledge and sophistication to know and understand their rights and obligations with respect to the collection and enforcement of debts, such that any homeowner who receives a demand letter from an attorney is likely to conclude that no defensive action is reasonably available. 40.As a result of the abusive practices described above, Plaintiff has suffered damages, including monetary damages and losses, and the expense of having to hire legal counsel to defend against defendants' unjust claims. In the issuance of process and litigation for the ulterior motive of collecting unauthorized attorney's fees and late charges, the Defendants committed a willful act that was not proper in the use of such process. III. Causes of Action Count 1 Plaintiff vs. Defendants Karl M. Ledebohm .and Karl M. Ledebohm, Attorney At Law (Violation of the FDCPA) 41. Plaintiff incorporates by reference paragraphs 1 through 40 above as if set forth herein in full. 42. Defendant Karl M. Ledebohm is a debt collector as defined by the FDCPA, 15 U.S.C. § 1692a(6). Defendant Karl M. Ledebohm, t/d/b/a Karl M. Ledebohm, Attorney At Law, is a debt collector as defined by the FDCPA, 15 U.S.C. § 1692a(6). 43. The Defendant debt collector has violated the provisions of the FDCPA as follows: a. He has falsely represented the character, amount, and legal status of Plaintiff's debt, contrary to15 U.S.C. § 1692e(2) by claiming attorneys fees and unauthorized late charges in violation of the specific language used in the Declaration of Record; b. He has attempted to collect amounts that were not expressly authorized by the agreement or permitted by the Declaration, contrary to 15 U.S.C. § 1692f(1). 7 c. He has engaged in abusive, deceptive, and unfair debt collection practices, contrary to 15 U.S.C. § 1692(0. 44. Moreover, Defendant debt collector has violated the FDCPA in his course of conduct with the plaintiff. Defendant's violations include, but are not limited to, the following: a. Defendant directly and/or through his agents and employees, violated 15 U.S.C. § 1692e by making or causing to be made false, deceptive and misleading representations to plaintiff in connection with defendant's debt collection efforts including: i. false representations as to the character, amount and/or legal status of alleged debt by claiming attorneys fees and unauthorized late charges in violation of the specific language used in the Declaration of record; ii. false representations as to the compensation which may be lawfully received by said defendant for the collection of alleged debt; b. Defendant directly and/or through his agents and employees violated 15 U.S.C. § 1692f in his conduct with plaintiff by using unfair and unconscionable means to collect and/or attempt to collect debt allegedly owed by plaintiff, including: i. collection of late charges, attorneys fees and collection costs and other unidentified expenses not expressly authorized by the agreement creating the debt or otherwise permitted by law. ii. Defendant violated 15 U.S.C. § 1692g by failing to provide adequate notice of the plaintiff's right to challenge the validity of the alleged debt. iii. As a result of the above violations of the FDCPA, Defendant is liable to plaintiff for her actual damages, including out of pocket losses and statutory damages of $1000.00, and costs and attorneys fees. Defendant's validation notice is overshadowed and contradicted by the contents of his letter; and Defendant's communications mislead and confuse the consumer as to the amount of the debt. 45. The foregoing acts and omissions of Defendant constitute violations of the FDCPA, including, but not limited to, 15 U.S.C. §§ 16920, 1692d, 1692e, 1692f and 1692g. 46. Plaintiff is entitled to recover statutory damages, actual damages, reasonable attorney's fees and costs. 6 WHEREFORE, Plaintiff respectfully requests that Judgment be entered against the Defendant in the amount of: (a) (b) (c) (d) Plaintiff's actual damages; $1,000.00 statutory damages, pursuant to 15 U.S.C. § 1692k; costs and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k; such other and further relief as the court deems just and equitable. Count 2 Plaintiff vs. Defendants Karl M. Ledebohm And Karl M Ledebohm, Attorney At Law (Violation of the CPL) 47. Plaintiff incorporates by reference paragraphs 1 through 46 above as if set forth herein in full. 48. Defendant is a debt collector as defined in the Fair Credit Extension Uniformity Act, 73 Pa. Cons. Stat. § 2270.1 et seq. 49. Plaintiff is a consumer as defined by 73 Pa. Cons. Stat. § 2270.1 et seq. 50. The Defendant has violated the previsions of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., (herein CPL) and the provision of the Fair Credit Extension Uniformity Act, 73 Pa. Cons. Stat. § 2270.1 et seq. (herein FCEUA) by falsely representing the character, extent, and amount of Plaintiff's debt and the fee related to that debt, contrary to 73 Pa. Cons. Stat. § 2270.1 et seq. 51. In his course of conduct set forth above, the Defendant directly and through his agents and/or employees violated the provisions of the Pennsylvania CPL and FCEUA concerning debt collection including but not limited to: a. making or causing to be made false representations regarding the amount of the debt and/or fees legally allowed to be imposed on debt allegedly owed by Plaintiff; a. representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; b. use of language and threats the natural consequence of which is to abuse, c. conveying credit information which is known or should be known to be false; and 9 d. failure to comply with the validation provisions of the FDCPA; 52. The foregoing acts and omissions constitute unfair or deceptive and/or unconscionable trade practices made unlawful pursuant to FCEUA, 73 Pa. Cons. Stat. § 2270.1 et seq. 53. The Defendant's conduct in relation to Plaintiff as set forth above also constitutes deceptive conduct creating a likelihood of confusion or misunderstanding. 54. As a result of the Defendant's actions set forth above, Plaintiff has sustained ascertainable financial losses including the imposition of illegal and unwarranted charges for late fees or interest, attorneys fees and collection cost on the debts, and expenses in seeking counsel, including travel costs. 55. Plaintiff is entitled to recover her actual damages, her actual damages trebled, plus reasonable attorney's fees and costs. WHEREFORE plaintiff asks this Honorable Court to (a) enter judgment in favor of plaintiff Debtor against defendant Collector in the amount of her actual damages, or, in the alternative $1,000.00 statutory damages for defendant's FDCPA violations; (b) enter judgment against the defendant for three times the plaintiff's actual damages pursuant to the Pa. UTPCPL; (c) award counsel for plaintiff reasonable attorneys fees and costs; and (d) grant such other relief as is just and proper. Count 3 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Fraud and Misrepresentation) 56. Plaintiff incorporates by reference paragraphs 1 through 55 above as if set forth herein in full. 57. The actions of Defendant as alleged herein were done intentionally and with the intent of Defendant to deceive Plaintiff. Defendant's specific statements and actions in claiming entitlement to unauthorized fees and charges, failing to validate, misappropriating Plaintiff's dues and then appearing in court and 10 requesting attorney's fees constitute acts of fraud and misrepresentation committed by Defendant. Hence, Plaintiff is entitled to recover her actual damages in an amount to be proven at trial. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her reasonable attorney's fees; (c) Award her costs; and (d) Grant such other and further relief as it deems just and proper. Count 4 Plaintiff vs. Defendants Karl M. Ledebohm and Karl M. Ledebohm, Attorney At Law (Abuse of Process) 58. Plaintiff incorporates by reference paragraphs 1 through 57 above as if set forth herein in full. 59. On February 19, 2003, the Defendant filed suit in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 03-728, against named Plaintiff, alleging that the Plaintiff herein owed to client creditor of Defendant certain association dues, interest and late fees; and specifically demanding assessment of unreasonable and unsubstantiated attorney's fees against named Plaintiff. 60. The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 59 by using it for the ulterior motive or purpose of collecting unauthorized attorney's fees and late charges from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation. 61. In the issuance of process and litigation for the ulterior motive of collecting unauthorized attorney's fees and late charges, the Defendant committed a willful act that was not proper in the use of such process. 62. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injuries and damages include payment of unauthorized 11 attorney's fees, late charges, court costs, loss of wages, and hiring counsel to defend against Defendant's unwarranted claims. 63. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her reasonable attorney's fees; (c) Award her costs; and (d) Grant such other and further relief as it deems just and proper. Count 5 Plaintiff vs. Defendant Allenview Homeowners Associatio. (Violation of the CPL) 64. Plaintiff incorporates by reference paragraphs 1 through 55 above as if set forth herein in full. 65. The Defendant has violated the provisions of the CPL by falsely failing to provide timely notification of dues and failing to provide a coupon book for the aforesaid dues as Defendant provided to the other property owners in its normal course of business and as required of it pursuant to its operating procedures. 66. The Defendant's conduct in relation to Plaintiff also constitutes deceptive conduct creating a likelihood of confusion or misunderstanding, including but not limited to: a. failing to provide notice of annual assessments or to provide information requested by Plaintiff regarding the association dues; b. making or causing to be made false representations regarding the amount of the dues and/or fees legally allowed to be imposed on dues allegedly owed by Plaintiff; c. making or causing to be made false representations regarding the source, authorization or approval of acceleration of the dues and the imposition of attorneys fees; d. representing, directly or by implication, that certain action will be taken when such action cannot legally be taken or such action is not intended to be taken; e. failing to provide notice to Plaintiff or comply with Plaintiff's request in violation of Defendant's covenants, by-laws and customary practices; f. failing to act in good faith in its dealings with Plaintiff. 12 WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount sufficient to compensate her for damages incurred by her, including (a) Actual damages; (b) Statutory damages pursuant to 73 P.S. § 201 - 9.2, including treble damages; (c) Attorneys' fees and costs; (d) Such other and further relief as the Court deems proper. Count 6 Plaintiff vs. Defendant Allenview Homeowners Association (Abuse of Process) 67. Plaintiff incorporates by reference paragraphs 1 through 55 above as if set forth herein in full. 68. On February 19, 2003,the Defendant filed suit in the Cumberland County Court of Common Pleas, Pennsylvania, docketed to No. 03-728, against named Plaintiff, alleging that the Plaintiff herein owed to and Defendant was entitled to an amount of dues owed to Defendant; and specifically demanding assessment of unreasonable and unsubstantiated attorney's fees against named Plaintiff. 69. The Defendant abused legal process by initiating the above litigation as averred to in Paragraph 68 by using it for the ulterior motive or purpose of collecting unauthorized attorney's fees and charges from the named Plaintiff. Such purpose was not legitimate, regular, or legal in the use of litigation. 70. In the issuance of process and litigation for the ulterior motive of collecting paid dues and unauthorized attorney's fees, the Defendant committed a willful act that was not proper in the use of such process. 71. As a result of the Defendant's misuse of process, the Plaintiff has been harmed. The Plaintiff's injuries and damages include payment of collected dues and unauthorized attorney's fees, court costs, loss of wages, mental and emotional distress, physical pain, humiliation, and embarrassment. 13 72. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award her actual damages; (b) Award her reasonable attorney's fees; (c) Award her costs; and (d) Grant such other and further relief as it deems just and proper. Dated: Respectfully submitted, Stepl~en K. Po~tko, Esq. #3453~'L-J Bratic & Portko [717-432-9706] 101 South U.S. Route 15 Dillsburg, Pennsylvania 17019 Attorneys for Plaintiff 14 VERIFICATION I, Deborah L. Graham, hereby acknowledge that I am Plaintiff in the foregoing Second Amended Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Deborah L. Graham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff : CIVIL ACTION NO. 03-5713 THE ALLENVIEW HOMEOWNERS : ASSOCIATION and : KARL M. LEDEBOHM and : KARL M. LEDEBOHM, T/D/B/A : KARL M. LEDEBOHM, Attorney At Law: Defendants : CERTIFICATE OF SERVICE I HEREBY CERTIFY, that I served a true and correct copy of the PLAINTiFF'S SECOND AMENDED COMPLAINT in the above captioned matter upon the individual listed below by depositing a tree and correct copy of the same in the U.S. Mails postage prepaid, addressed to: Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Hamsburg, PA 17110 Attorney for Defendant Ledebohm Michael L. Bangs, Esquire Bangs Law Office 302 South 18th Street Camp Hill, PA 17011 Attorney for Defendant Allenview Homeowners Assoc. Date: P . ko, Esquire #34538 101 South U.S. Route 15 Dillsburg, PA 17019 EXHIBIT "A" ALLENVIEW HOMEO~%~ERS ASSOCIATION JACK GA~GHEN REALTOR EPA-PROPERTY MA/~AGEMENT 3915 Market Street, Camp Hill, PA 17011 Phone=612-5165 Fax: 761-149~ August1,2001 Ms. Debra Graham 902 Allenview Drive Mechanicsburg, PA 17055 Dear Ms. Graham: According to our records, your association dues remain unpaid since March, 2001. If the amount of $459.38 is not paid by the end of August, 2001, your account will be turned over to the Association's attorney for collection. To avoid attorney's fees added to your association dues, please pay the $459.38 before the end of August. If the amount is in question, ptease feel free to give me a call at (717)612-5165. Very truly yours, Betty Fitzpatrick Property Manager EXHIBIT "B" KARL M. LEDEBOHM Attorney-At-Law P.O. Box 173 NEW CUMBERLAND, PA 17070-0173 Phone: (717) 9386929 Fax: (717) 938-6929 November 19, 2002 VIA CERTIFIED IV[~IL, RETURN RECEIPT REQUESTED AND REGULAR MAIL Deborah Graham 902 Allenview Drive Mechanicsburg, PA 17055 RE: Delinquent Homeowner's Association Dues - Property: 902 Allenview Drive, Mechanicsburg PA Dear Ms. Graham: Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this letter is an attempt to collect a debt and any information obtained will be used for that purpose. An important notice of rights is stated on the back side of this letter. The Allenview Homeowner's Association ( the "Association") has referred to my office the collection of the delinquent Association dues regarding the above-referenced property. :%s a result of your failure to pay to the Association the Dues for June. July and August and September, ~)ctober and November 2002, the Association hereby exercises its rights under the Covenants and Restrictions of Record to accelerate all dues assessed against the above property for 2002 through February 2003 and hereby demands payment in the amount of $761.48 itemized as follows: 1. Dues for June - August 2002 2. Dues for September - November 2002 3. Dues for December 2002 - Februaryr 2003 4. Late Charges 6. Attorney's fees $208.00 208.00 208.00 12.48 !25.00 Total due to the Association as of November 19, 2002 $761.48 Demand is hereby made for the payment of the $761.48 to the Association within thirty (30) days of the date of this letter. In the event you do not pay the above amount within thirty (30) days of the date of this letter, in full, plus interest to the date of payment, I have advised the Association to file suit against you for the collection of the amounts due to the Association without further notice. In such event, the amount which you owe to the Association may increase by such amounts as additional interest, court costs, sheriff's fees as well as any reasonable attorney's fees incurred by the association. If you do not want the Association to sue you, Please contact Betty Fitzpatrick at 612- 5165 within thirty (30) days of this letter to arrange payment. Karl M. Ledebohm cc: Betty Fitzpatrick Property Manager EXHIBIT "C" KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 Deborah Graham 902 AIlenview Drive Mechanicsburg, PA 17055 January 14,2003 Re: Delinquent Homeowner's Association Dues- Property: 902 Allenview Drive Dear Ms. Graham: PURSUANT TO THE FAIR DEBT COLI r:CTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LEI I t:R AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN A'I'FEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. As you know, the Allenview Homeowner's Association ( the "Association") has referred to my Office the collection of the delinquent Association Dues regarding the above referenced property(the "Property"). By letter dated November 19, 2002, a copy of which is again enclosed for your reference, the Association accelerated all dues assessed against the Property for 2002 through February 2003 and demanded the payment of all dues due to the Association in the amount of $761.48. On December 6, 2002, the Association received and applied a partial payment to the amounts due to the Association in the amount of $208.00. The above payment has been applied to the amounts which you Owe to the Association as a partial payment without waiver of any demand for the payment of all amounts due to the Association and without postponement of any dghts or remedies available to the Association to collect the balance of the indebtedness without further notice. The above padtal payment has been applied to the amounts due as follows: 1. Legal fees 2. Late charges 3. Dues for June through August 2002 4. Total amount applied $125.00 12.48 Z0.52 $208.00 After tt~e application of the above partial payment the amount which you now owe to the Association is $853.48 itemized as follows: 1. Balance of Dues for June through August 2002 $137.48 2. Dues for September- November 2002 208.00 3. Dues for December 2002 - February 2003 208.00 4. Legal fees 300.00 5. Total due to the Association as of 1/14/03 $853.48 The Association continues to demand the immediate payment of the $853.48. Failure to deliver payment in the amount of $853.48 to the Association immediately will result in the filing of a legal action against you to collect the balance of the indebtedness clue to the Association without further notice. Interest, legal fees and costs continue to accrue on the above obligation. · Page 2 January 14, 2003 If you do not want the Association to sue you, Please contact Betty Fitzpatnck at 612-5165 to arrange payment, Cc: Betty Fitzpatrick, Property Manager Kad M. Leclebohm ~ ''/ ~''~' ~ ~' EXHIBIT "D" ARTICLE I Daf ~n:l rion$ Sect/on 1. "Association" shall mean and refer to The Allenvtew Home O~-n¢~ s A. ssociation, Incorporated, a nonprofit corporation organized and exis=in~ .~nder ~he laws of the Common~ealch of Pennsylvania. ;action 2. "The Properties" shall mean and refer to Allenview Planned R:~idential Development, Stage I, and such addi:ions hereafter .e brought ~ithin the jurisdiction of the Associatio~by annex- ation as 'ovide~ in'Article VI, Section 2, herein. ,action 3. "Common Properties" shal1 mean and refer to parks~ ~rounds, ~%,ing pools, commons, Streets, footways, including buildings, a~ruc~ures, p~rsonal properties /nc/dent ~hereto, and any other properties o~ed and m~in~ained by the Association for ~he co.non benefit and en3o)~en~ of the re$i~,~s within The Proper~ie$.'~7':' ARTICLE II L~ocation Section ~. The principal office of the Association shall be located at 5001 Carlisle P~ke, Hechan~csburg, Pennsylvania 17055, Cumber- ~and County. ARTICLE II1 !!ern'b'e rs h t p :S.__ec._t{~n~.~ Every person or entity Oho is a record owner of s fe'e br a'ndividud fee, interest in any Lot (or Living Unit) which ls sub- 3ect by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or. entity who holds such interest merely as a security for the performance of an ob%lga- tion shall not be a member. Section 2. The rights of membership are subject to the payment of annual and special assessments levied by the Association, the 6bltgatio~ of ~'hJch as~es~menLs is imposed against each o~.ner of and becomes a lien sped the ~roperty against ~hich such assessments are made as provided by .ArtiCle ¥ of the Declaration of Covenants and Restrictions to which ~he Propertiol: ;irc st,bj~ct and recorded in Niscellaneous Book Volume 226,-Page 24, Office ~or Recording of Deeds, Cumber'land County, December 30, 'and which provide as follows: ' -. Creation of the L~on and Personal Obl~atlon of Assessments. ?he Developer for each Lot (and Living Unit) ot,'ned by him w~thin The Proporties hereby covenants and ¢'ach 0wmer of .any Lot (or L~Sng [Init) by acceptance of a deed therefor, %~heth~r or not s,a]l be so expressed in any such deed or o~her convu)'ance,.be d (:mod t0' covenan~ and agree to pay to the Association:. (1) annual a: se; ;m 'al s or charges; (2) special /,s~essmen~ for capital re(aLs, such assessments to bc fixed, established, and collected from time ~o time 'as hereinafter provided. The annual and oz' the cJllection ~herco£ as hereina£cer provided, shall be a char&e cn the land and shall be a continuin~ lien upon the property a~ainst'which each suc'h"assessment is made. Each such assess- n,~nt, :°se:her with such interest thereon and cost o~ collectio ~,ereof as hereinaSt~r provided~ shall also be the Personal obligation o~ the person ~'ho ~'as ~he O~,'ner o~ such property ac :he ti~ne when the assessmen~ Eell due. 2. ~urpose of Assessment.... The assessments levied by the A~sociation shall be used exclusively ior the purpose o~ pro- mooing the recreation, health, Se[e:y, and welEare oE the resi= d~nts in The Properties and in Particular ~or the imptovemen: an~ m,,inCenance ol properties, services, and ~acilicies devoted to Ibis purpose and related co the use and enjoyment ol the Corn.son P~perties and of the homes situated dpon The Properties, includi b~: not limited to~*. the payment o~ :axes and insurance t~creon an r~'pair,.replace~en:, and additions :her. e:o, and for the cost o~ lubo~, equipn~en:, nco:aria)s, ~anagcmen:, and supervision thereo~. 3. ~asis and ~Llsimt~m o~ Annt~ -As~eSSme~:s. From and a~te~ Janu- a;'y l, [~79, a~t~,~a~ a~sessm~ts ~>. be '~evied, said assessmenEs sit'Ii be [cvi~,d a~d applied in acc~,rdance wi~h Article V, Section revised Declaration of Cov=nsn~s and Rescric:ions recorded ..... cloy o~ ' 19 in Book , in ~he Racom'der c,~ Deeds O~fice, Cumberland ~. S ecXel Assessments For Ca ~tal Zm ro~ements " · ~n addition ~o ~he ann~al assessments authosized b~ Section 3 he~eo£, ~he ,sso¢iattpn may levy ~n an). assessmen~ year a special assess- men:, applicable to that year only, for the purpose of defra~- in~, in whole or in part, the cost of any construct/on or re- construction, unexpected repair or replacement of a described ?f~al improvement upon the Common PrOperties, i'ncludin§ the n~cessary.fixtures and personal property related thereto, pro- '~ded that an), such assessment shall have the assent of two- thirds of :he rot.es of each class of Members who are voting in person or by proxy at a meeting duly called for this pu=pose, written no:fee of which shall be sent to ali }~embers at leas~ thirty (30) days in advance and shall ~et forth the purpose of the meeting. 5. ChanRe ~n Basis and ~Iaximum of Annual Assessment:,, Subject to the limitations of Section ~3. hereof, and for the per~lods there- in specified, the Association"may change the maxXmum and basis of the ;n';sessments fixed'by Section 3 bereo~ prospectivel~ 'for any such period provided chat any such change shall have the aSSent cf ~wo-~hXrds of ~he Votes of each class of ~';~mbers who are v~ the in ;{:r~on or by proxy, m~ a meeting duly c;~l]ed for :his purpose, writLen nOt~ce of which shal~ be sen~ to all ]'~'ast'thir:y (30) days fn advance and shall sec forth the purpose o: thc ace:lng, provld~,d fu~'thcr, that the l~mitn[ ~ons 3 hereof sh.~ll not apply to any Change in the maximum an~.basis of thc assessments undertaken as an incident to a merger'ot consolidation in which the Association is authorized Co part,ct- pa're' under les Articles of Incorporat£on a0d un'er Article II, S~ection 2, of the Declaration of Covenants and Restrictions. 6.' ~uorum for Any Action Authorized Under Sections ~ and :,. Th quorum required for any act/on authorized by Sections ~ and $ hereof shall be as follows: Ar the f~rst meeting called, as provided in Sections 6 and $ hereof, the presence sC the meetin~ of ~lembers, or of proxies, entitled go casC sixty (60) per cenc of all the Votes of each class of membership.shall constitute a quort~m. If the required quorum is not £orthcomtng aC any meetin~ anorhur meeting may be called, subject to the no,ice requirement set forth in Sec=ions 6 and 5, and ~h'e'required quorum ar any such subsequent meeting shall be one-half of the required quorum: ac the preceding meeting, prov~ded char no such subsequent shall be held more than siX~ (60) days following the preceding meettng. 7. Date o~ Co~enc '~men~ o~ Annual AsR¢s~ments- · --~--~, · Due Pate~. The anm~a! assessments provided for herein shall co~.~ence on the dace (~,'hi¢'h shall be the firs: day of a month) fixed by the. Board of Dircclor$ of thc ^$sociatjon to be the date of coma~encemen=. The first annual asiussments shall be ma4e for the balance of r'J~e c~]0}idar year and ~hal'l become 'due ~nd payable on the day £o'r coh~mencemen:. Tile as~ostments For any yoar,'a£ter ~he first -5- year, shall become due and payable.on the first day of Hatch of said year. The amount of the annual assessment which may be levied f~rath~-balance remaining in'the first year of assessment shall be an amount which bears the same relationship :o the annu~l : assessment provided for in Section 3 hereof as the'remaining number o£ months in that year bear to twelve. The.same reduction in the amount of the assessmen: shall apply to the first assess- merit levied against any property which is'hereafter added to the proper:les now subject to assessmen: at a time other than the be- ginning of any assessment period. The due date of any special assessment under Section 4 hereof r~all be fixed ~n the resolution au'~h0rizing such.assessment. · ~. Duties of the Board ,of Directors. The Board of O~,rect. ors of · '. t~e .%ssociation shall fix the date of commencement and ~he amount ",of the assessment against ea~h'.~.ot (or Living Unit) for each a~ses ..... ::~.ent period of .~t least :hir~y (30) days in advance of' such . or'period and shall, ,at that ti~e, :' prepare a roster of ~he prop~ · ~.;~' '.. .-:. . ' : . ' .-.~r~fes and assessmenCs ~pplicable'~hereto which .~hall ~e'kep~ in L'rhe office of the Association and shall be open ~o inspectio~ by · ;any Owner. · 14rttten notice of the assessment shall t,h. ereupon b~ sent to -'-zvery Owner subject thereto.' .... .; ..... ~.;.. :. :The Association ~hall upo,~ demand at.any :]me furnish Eo any C ' . ' '.,.~90~er .li.~le ~or ·said assesu';~:nt a ,terttfi~ate ~n.urittng digned b~n officer o~ the Association, setting forth ~het~er said assessment has been~aid. Such. certifica~e shall be conclusive evidence of pa),-nent of any assessment therein,stated to have been paid. 9. Effect of Non-Payment of Assessment: The Personal Obli~aiion of O~merl The Lien; Remedies of Association. If the assessments are not paid on the dace when due (being the da~es specified in ~ction 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of col- lecLion thereof as hereinafter provided, thereupon become a con- tinuing lien on the property which shall bind such property in the hands .of the then Owner, his heirs, devisees, personal· rep- rescnta~ives and assigns. The pers'onal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his suc cessors in title unless expressly assumed by them. If ~he assessment is n6:t paid within ~hirty (30) days after the delinquency datA, the assessment shall bear interest from the date of delinquency *at the rate of six (6) per tent per annum, an the Association may bring an action at law against ch'e O~er p~r- sonally obligated ~o pay the same or to foreclose the lien agains the property, and there shall be added to the amount of such asse ment the costs of preparing and filing the complaint in such and in Lite even: a 3udg.,~-nt' is obtained, such judgment shall -7- ln~erest on the asseSsment.as above provided and a reasonable art°They's fee to be £1xed by the cour~ together ~th the costs o£ the ac~o~' ]0. ~rdtna:lon o~ the Lie~ to Hor[~, The 25eh of the aSsessmen':s provided ~o~ here~n sha~2 be Subordinate to :he 2~en o~ any mortgage or mortgages no~ or herea[cer Placed upon the properties sub~ec~ to assessment; provided, houever~ thaC such subordination sha22 app2~ on2~ :o :he assessments ~h~ch have be- C°me due and Payable pT~o~ :o a sa2e o~ t~anS~eT o~ Such PUtsuan: :o a decree o~ ~Orec2osu~e, o~ an~ O:he~ P~OCeed~ng 2~eu o~'Jo~ec~oSUre. Such Sa[e oT ~Tansfer sba[2 no: ~e~eve such P~ope~:~ ~:'om [~ab~Cy ~oT any assessments t~etea~CeT becom~n& due, ~o~ ~rom :he .[~en oE an~.such subsequen:.assessmen:. 22' ~. The ~o[[o~ng PrOper:y sub~ec: Co Dec2arat~on shall be e~empCed ~om. Che assessmen:s, charge and ~en C~eaced here~n: Ca) a2[ prop.~:~es to the exten: o~ an~ easement or OtheT ~n:eresc :heTe~n dedicated and accep:ed b~ the [Oca~ Public au:hor~cy and de~'o~ed :o ~b[~c use; (b) a[~ Co.on ~rope[-C~es as defined in ArC,Cie [, Section 1, o[ ~he Dec2ara:~On of Covenants and Res~rictions; (c) all properties exempted from taxation by :he lat,.s o~ the Co~on~eal:h of Pennsylvania, Upon the terms and ~o the ex:eh: of such lega2 exemp:fon. .... Noc~fChSCandfng any provfs'fons berefn, no land or ~mProve- men:s devoted co d~aellfng Use shall b~ exempt from said assess- Charges or -8- .~ctton 3' The membership.rights of any person whose inietest The ~roper~ies is' subject to a~essmencs Under Article ZZZ, Section 2, or not f;= be PerSonally obligated to pay such assessments, may.be suspende, ~'~°~'~he'~if~tors d~ring theperiod when the assessments remain Unpa~ 'bu'~ upo~ paymen~ o~ such assessments, his rights and privlleses shall be matical~y restored. ~Zf the Directors ha~e adopted and published rules and regula~ions governing the use of the common properties'and ~aciZities, and personal conduc. C..of. any person thereon, as provided in Article IX, Sec=ion :hey ~ay, in their discretion, suspend the rights o~ any such person for vi, latio=~ of soch rules end regulations for a period not to exceed thirty Section membership: ARTICLE IV ~Oting Rights The Associacion shall have two classes of voting Class A_. Class A members shall be all those o~ners as de- f~n~d 'in Article /'II, ~ectton i', o~ the Declaration'.bE'Covenants and Rastricilons, u/th' the except./on'of the Developer~i,~lass A mt'mbers dba11 be enEt:led.to One Vo[e for each. Lo~':~(o= Living Unit) in which they hold ~he ~nCerests roq,'ired for"'~enbership · by s.qid Sect:ion 1. ;~en more thnn one peak;on ho]d~ 's~ich tnteres: or Jn/;~res~s in tiny Lo: (or Living Unit) a]l ~uch'persons shall be~n[i'mbers, and the rate:for.such Lo: (or.Living Unl:). sha~l be ~'oxt'~ciuod tis thny z~mong ~homsolvus 'de"ermine., bu~' ln'.'no ~ve.n: shnli more than one Vote be ~'~s: ~i:h real,cc: :0 a~ ~uch Lot ARTICLE (h) . ,"~i.g~ Fam~l~ ~aml-Decach~d Dwelling' ~hall m~an a butl.dinS~u~cd by ~ famll~ and having on~ llvinz, uait a~ ~0 ~' -~- ~ou~ 254 ~u~ 734 i RastrlcCion.s, 'as d~aarib~d In aubscccion (a) hu~ao~.. ~itb a~her association aa provided in Its ~r'ticZea of Incorporation, o: a fee or undivided fee tn ~ny ~ot vi{ich is subject by covenants oE record . ,[ ~ ':~,~..:.:~ ;~ J:.~,: .~:.~:~.~.,~.< :, . . · . vl~ and prevunc tho co,~on ~ooA ~5~ ~c~ 743 · ' COVENANT FOI( MA~NT£NA.NCE ASSESSHENTK -15- -16- · I 25,1 PACE 7-1'~ ~/xQd !tn thu ' ' . , .. -20- -21- I:wo-thlrd~, (2/3) O~ £h~ Lo£e, ha~ burn r~co'rded, ~llr~ulul; £~ chall~ ~aid cov~nal~ 25.1 eA~£ 753 ~,andacape ~ork o£ £h~ yard ~l£hln [,et] (10) ~ce£ of ufly lot: llfl~ und La dralnali~ soo~ 25.t ~ACE 755 EXHIBIT "E" ALLENVIEW HOMEOWNERS ASSOCIATION Jack Gaughen Realtor Atto: Betty 3915 MARKET STREET CAMP HILL, PA 17011 Make checks payable to: ALLENVIEW HOMEOWNERS ASSOCIATION Office # 717-612-5165 Deborah Graham 902 Allenview Drive Mechanicsburg, PA 17055 Statement April 17, 2003 to May 16, 2003 4/17/03 Beginning Bal~ce $4~.48 5/8/03 Pa~ent Received $20.00 CMck ~1977 5/8/03 Pa~em Received $206.00 CMck ~ 1976 5/16/03 End~g B~ce $238.48 12/27/02 Legal Fee $125.~ $11.84 $113.16 A~O~Y FEES 1/13/03 Late Fee $10.32 $10.00 $0.32 1/13/03 Legal Fee $125.00 $125.00 $0.00[ $238.48 $238.48 Prepared by JACK GAUGHEN PROPERTY MANAGEMENT on May 16, 2003 at 10:41 AM Page 72. The Defendant's abuse of process was willful and wanton and committed with malice and reckless disregard of the rights of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant following relief: (a) Award her actual damages; (b) Award her reasonable attorney's fees; (c) Award her costs; and (d) Grant such other and further relief as it deems just and proper. the Dated: Respectfully submitted, Stephen K. Portko, Esq. #3453~ Bratic & Portko [717-432-9706] 101 South U.S. Route 15 Dillsburg, Pennsylvania 17019 Attorneys for Plaintiff 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM Plaintiff THE ALLENVIEW HOMEOWNERS ASSOCIATION and KARL M. LEDEBOHM and : KARL M. LEDEBOHM, T/D/B/A : KARL M. LEDEBOHM, Attorney At Law: Defendants : CIVIL ACTION NO. 03-5713 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY, that I served a true and correct copy of the PLAINTIFF'S SECOND AMENDED COMPLAINT in the above captioned matter upon the individual listed below by depositing a true and correct copy of the same in the U.S. Mails postage prepaid, addressed to: Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 171 I0 Attorney Ibr Defendant Ledebohm Michael L. Bangs, Esquire Bangs Law Office 302 South 18tl~ Street Camp Hill. PA 17011 Attorney tbr Defendant Allenview Homeowners Assoc. Date: Stephen K. Portko, Esquire #34538 101 South U.S. Route 15 Dillsburg, PA 17019 VERIFICATION I, Deborah L. Graham, hereby acknowledge that I am Plaintiff in the foregoing Second Amended Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE:~ Deborah L. Gr~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI,VANIA DEBORAH L. GRAHAM Plaintiff Vo THE ALLENVIEW HOMEOWNERS ASSOCIATION and : KARL M. LEDEBOHM and : KARL M. LEDEBOHM, T/D/B/A : KARL M. LEDEBOHM, Attorney At Law: Defendants : CIVIL ACTION NO. 03-5713 PRAECIPE TO MARK ACTION SETTLED~ DISCONTINUED AND ENDED TO THE PROTHONOTARY Kindly mark Plaintiff's suit against Defendants "settled, discontinued and ended with prejudice." Dated: Stephen IC Portko, Esquire BRATIC & PORTKO 101 South U.S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiff