HomeMy WebLinkAbout08-1332IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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Gordon Cornelius
Mechanicsburg, PA
NCO Financial Systems, Inc.
507 Prudential Road
Horsham, PA 19044
Plaintiff(s) & Addresses
Defendants) & Addresses
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued
and forwarded to (X ) Attorney ( ) Sheriff.
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025
Phone 717-732-3750
SaraccoLaw@aol.com
Signature of Attorney
Dated: 2/27/08
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE
COMMENCED AN ACTION AGAINST YOU. /!k'?qlga
Pr thonotary
Dated: - _2 aoo?
By:
Deputy
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Gordon Cornelius,
Plaintiff,
V.
NCO Financial Systems, Inc.,
Defendant.
No: 08-1332
Civil Term
Jury Trial Demanded
NOTICE TO PLEAD
TO THE DEFENDANT NAMED HEREIN:
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint is served, by
entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without further notice for
any money claimed in the Complaint, or for any other claim or
relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA
1-800-990-9108, 717-249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quire defenderse de
estas demandas expuetas en las paginas siquientes, usted tiene viente (20)
dias de plazo al partir de la fecha de la excrita o en persona o por abogado y
archivar en la corte en forma excrita sus defensas o sus objectiones a las
demande, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades o otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAD00 SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Gordon Cornelius, No: 08-1332
Plaintiff,
V.
Civil Term
NCO Financial Systems, Inc., Jury Trial Demanded
Defendant.
COMPLAINT
GENERAL ALLEGATIONS
1. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. §2270 et seq.
2. Plaintiff is a consumer located within the Commonwealth of Pennsylvania.
3. Defendant is a business entity engaged in the business of collecting consumer debts in
this Commonwealth with a mailing address 507 Prudential Road, Horsham, PA 19044.
4. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. §2270.4(a).
5. Starting on or about October 15, 2003, and continuing until January 30, 2008, agents of
defendant contacted Plaintiff by telephone and correspondence.
6. Defendants have been taking payments from Plaintiff's account for a period of 5 years,
presumably in order to pay an alleged debt.
7. Plaintiff questioned as why after 5 years of payments, the alleged debt continued to
increase.
8. Plaintiff demanded an explanation from NCO at which time, he received a statement
showing a series of interest payments.
9. Plaintiff s original debt was for $4000.00.
10. Defendant claims that after three years of payments, he now owes NCO $9,117.92.
11. Defendant stated that they were charging interest and that every month, the amount of the
alleged debt would substantially increase.
12. Plaintiff has no contract or other written agreement to pay interest to the named
Defendant.
13. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and
is therefore, unlawfully attempting to collect the alleged debt.
14. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in
violation of Pennsylvania law.
15. Plaintiff believes and therefore avers that making a settlement offer is a prelude to
litigation and as such, Plaintiff believed that litigation was imminent.
16. Consumers are hurt by these tactics.
COUNT I - PENNSYLVANIA FAIR CREDIT
EXTENSION UNIFORMITY ACT 73 P.S. §2270 et seg.
17. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
18. The FDCPA requires debt collectors to comply with state law. 15 U.S.C. §1692n.
Pennsylvania law, 18 Pa.C.S. §7311.
19. Plaintiff further believes that Defendant violated provisions of the Fair Debt Collection
Practices Act, as alleged in the General Allegations and Count II, as such, said violated
also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a).
20. That Defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by FCEU and the regulations, including but not limited to, violations
of 37 Pa.Code §§303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. §201-2(4).
21. Defendant' acts as described herein were done with malicious, intentional, willful,
reckless, negligent and wanton disregard for Plaintiffs rights with the purpose of
coercing Plaintiff to pay the alleged debt.
22. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and
punitive damages and attorney's fees and costs, in an amount of not less that $30,000.00.
WHEREFORE, plaintiff requests that this Honorable Court issue judgment on his behalf
and against Defendant for a statutory penalty, treble damages, punitive damages, attorney fees
and costs pursuant to 73 P.S. §2270.5.
COUNT II - FAIR DEBT COLLECTION PRACTICE ACT
15 U.S.C. §1692 ET SEQ.
23. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692, et seq. ("FDCPA"), particularly 15 U.S.C. § 1692k(d) and 28 U.S.C.
§1337.
24. Venue lies in this District pursuant to 28 U.S.C. 1391(b).
25. Plaintiff is an individual and consumer pursuant to 15 U.S.C. §1692a(6).
26. Defendant are debt collectors as defined by 15 U.S.C. 11692a(3).
27. Defendant contacted Plaintiff during January 2008, which are "communications" relating
to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a(5).
28. At all pertinent times hereto, the Defendant were hired to collect a debt relating to a
consumer transaction. (Hereinafter the "alleged debt.")
29. Defendant communicated with plaintiff on or after one year before the date of this action,
in connection with collection efforts, by letters, telephone contact or other documents,
with regard to plaintiffs alleged debt.
30. FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
§1692n. Defendant violated Pennsylvania law states,18 Pa.C.S. §7311, as stated herein.
31. The FDCPA states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 U.S.C. § 1692£ Defendant violated this section
of the FDCPA.
32. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the
imminence of legal action by Defendants.
33. Defendants violated 15 U.S.C. §1692d(2) by using profane and abusive language towards
the consumer.
34. Defendants violated 15 U.S.C. § 1692d(5) by causing the phone to ring and engaging the
consumer in repeated conversations.
35. The FDCPA states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any debt. 15 U.S.C.
§1692e(5) and (10). Defendant violated these sections of the FDCPA.
36. The FDCPA states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 U.S.C. § 1692£ Defendant violated this section
of the FDCPA.
37. The FDCPA states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any debt. 15 U.S.C. §1692e.
Defendant violated this section of the FDCPA.
38. The FDCPA states, a debt collector may not engage in any conduct the natural
consequence of which is to harass, oppress or abuse any person in connection with the
collection of a debt. 15 U.S.C. § 1692d. Defendant violated this section of the FDCPA.
39. The Defendant violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the
imminence of legal action by Defendant.
40. The FDCPA states, it is unlawful to add interest, charges, fees or other costs unless
authorized by law or contract; Plaintiff does not have a contract with Defendant.
15 U.S.C. § 1692f and § 1692e(2)(A) and (B). Defendant violated this section of the
FDCPA.
41. Defendant's collection communications were intentionally confusing, misleading and
otherwise deceptive to the Plaintiffs, in violation of 15 U.S.C. §1692e(5) and (10).
42. At all time pertinent hereto, the Defendant was acting by and through its agents, servants
and/or employees, who were acting within the scope and course of their employment, and
under the direct supervision and control of the Defendant herein.
43. At all times pertinent hereto, the conduct of Defendant as well as their agents, servants,
and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton
disregard for federal and state law and the rights of the Plaintiff herein.
44. Plaintiff believes and therefore avers that the Defendant's agents made false threats of
litigation.
45. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
46. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
47. That, as a result of the wrongful tactics of Defendant as aforementioned, plaintiff has
been subjected to anxiety, harassment, intimidation and annoyance for which
compensation is sought.
WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment
on Plaintiff's behalf and against Defendant and issue an Order:
(A) Award Plaintiff statutory damages in the amount of One Thousand Dollars
($1,000.00) for each violation of the FDCPA or each separate and discrete
incident in which Defendant have violated the FDCPA.
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at him in an amount not less than Ten Thousand Dollars
($10,000.00), as well as the repetitive nature of Defendant form letters.
cO) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
rate of $450.00 per hour, for hours reasonably expended by Plaintiff's attorney in
vindicating Plaintiff's rights under the FDCPA, permitted by 15 U.S.C.
§ 1692k(a)(3).
(D) Award declaratory and injunctive relief, and such other relief as this Honorable
Court deems necessary and proper or law r equity may provide.
Dated:3/17/08 By: /s/ n Saracco
Deanna ynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, PA 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
Fri
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J M " 1.
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q)avid D. Bueff
(Prothonotary
KirkS. Sohonage, F SQ
Solicitor
nso
l?fnee X Simpson
I" Deputy Prothonotary
Irene E. 9Yorrow
2nd Deputy Prothonotary
Office of the Prothonotary
Cumberfand County, Pennsy(vania
[ ) 1; ^ 13 3;?,CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carfis(e, <P,4 17013 • (717 240-6195 • Fax (717 240-6573