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HomeMy WebLinkAbout08-1337IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Wo d,P- 1339 Katryn V. Rupp Gerald E. Moore, an individual Mechanicsburg, PA Gerald E. Moore & Assoc., PC P. O. Box 724087 Atlanta, GA 31139 and Worldwide Asset Purchasing, II, LLCP P. O. Box 379041 Las Vegas, NV 89137 Plaintiff(s) & Addresses Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to (X ) Attorney ( ) Sheriff. Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com and John P. Neblett Signature of Attorney Dated: 2/26/08 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HA HAVE COMMENCED AN ACTION AGAINST YOU. Pr thonotary Dated:_ By: Deputy ? Ste,) ? ' . w.z O co ? y e ° "Sn i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kathryn Rupp Civil Action No.: 08-1337 Plaintiff, V. : Jury Trial Demanded Gerald E. Moore, attorney debt collector Gerald E. Moore & Assoc., P.C., Worldwide Asset Purchasing II, LLC Defendants. 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 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 32 S. Bedford Street, Carlisle, PA 1-800-990-9108, 717-249-3166 NOTICIA Le han demandado a usted en la Corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita o en persona o por abogado y archivar en la Corte en forma excrita sus defensas o sus objectiones a las demande, la Corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAD00 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kathryn Rupp Plaintiff, V. Civil Action No.: 08-1337 Jury Trial Demanded Gerald E. Moore, attorney debt collector Gerald E. Moore & Assoc., P.C., Worldwide Asset Purchasing Il, LLC Defendants. COMPLAINT GENERAL ALLEGATIONS 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. Defendants Gerald E. Moore and Gerald E. Moore & Assoc., P.C., are business entity/law firm, engaged in the business of collecting consumer debts in this Commonwealth with a mailing address of P. O. Box 724087, Atlanta, GA, 31139, and offices located at 2221 New Market Parkway, Suite 120, Marietta, GA 30067. 4. Defendant Worldwide Asset Purchasing, II, LLC, is a business entity engaged in the business of purchasing consumer debts in default, in order to collect consumer debts, with a mailing address of P. O. Box 379041, Las Vegas, NV 89137. 5. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 6. On or about August 2007, Defendant contacted Plaintiff by letter and telephone. 7. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 8. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 9. Plaintiff believes and therefore avers that Defendant used false, deceptive and misleading tactics in order to harass and coerce Plaintiff into paying the alleged debt that contains interests, fees and costs that Plaintiff disputes. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. §2270 et sea 10. Plaintiff hereby incorporates the foregoing as if fully set forth herein. It. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. §1692n. Pennsylvania law applies to this Action. 18 Pa.C.S. §7311: 12. Plaintiff believes and therefore avers that Defendant violated 18 Pa. C.S. §7311. 13. Plaintiff further believes that Defendant violated provisions of the Fair Debt Collection Practices Act, as alleged in the General Allegations and Count Il, as such, said violated also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 14. 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). 15. Defendant' acts as described herein were done with malicious, intentional, willful, reckless, negligent and wanton disregard for Plaintiff s rights with the purpose of coercing Plaintiff to pay the alleged debt. 16. 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. 17. 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. 18. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 19. Plaintiff is an individual and consumer pursuant to 15 U.S.C. §1692a(6). 20. Defendants Moore are debt collectors as defined by 15 U.S.C. § 1692a(3). 21. Defendant Worldwide Assets Purchasing is not a creditor as defined by the FDCPA at 15 U.S.C. §1692a(4). 22. Defendants contacted Plaintiff during August of 2007, which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a(5). 23. At all pertinent times hereto, the Defendants were hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 24. Defendants communicated with plaintiff on or after one year before the date of this action, in connection with collection efforts, by letters, telephone contact or other documents, with regard to plaintiff's alleged debt. 25. FDCPA requires debt collectors to comply with all state laws. 15 U.S.C. § 1692n. Defendants violated Pennsylvania law states, 18 Pa.C.S. §7311, as stated herein. 26. The FDCPA states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U.S.C. § 1692f. Defendants violated this section of the FDCPA. 27. The Defendants violated 15 U.S.C. §1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 28. The Defendants violated 15 U.S.C. § 1692e(3), by misrepresenting that an attorney was involved in the collection of the alleged debt. 29. Defendants violated 15 U.S.C. § 1692f, by threatening and/or filing suit without proper legal authority in Pennsylvania. 30. 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). Defendants violated these sections of the FDCPA. 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. § 1692f. Defendants violated this section of the FDCPA. 32. 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. Defendants violated this section of the FDCPA. 33. 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. Defendants violated this section of the FDCPA. 34. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the legal status/amount of the alleged debt. 35. Defendants' collection communications were intentionally confusing, misleading and otherwise deceptive to the Plaintiffs, in violation of 15 U.S.C. §1692e(5) and (10). Defendants' communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. 36. At all time pertinent hereto, the Defendants were 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. 37. At all times pertinent hereto, the conduct of Defendants 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. 38. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. § 1692e(5) and (10). 39. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 40. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 41. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 42. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 43. 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. (0) 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 or equity may provide. Dated:3/17/08 By: /nn Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com John P. Neblett, Attorney 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 F C%J '1 C?3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kathryn Rupp Civil Action No.: 08-1337 Plaintiff, V. : Jury Trial Demanded Gerald E. Moore, attorney debt collector Gerald E. Moore & Assoc., P.C., Worldwide Asset Purchasing Il, LLC Defendants. PRAECIPE TO DISCONTINUE Pursuant to Pa. R.C.P. 229 WITHOUT PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Discontinue, without Prejudice, the above captioned matter. This case should be discontinued and you may mark this case CLOSED. Respectfully submitted, o? Dated: 4/18/08 Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 717-732-3750, Fax, 717-728-9498 Certificate of Service: I hereby certify that I served, via U.S. Mail, postage prepaid, to the defendant as follows: Peggy M. Morcom, Attorney Marshall Dennehey Warner Coleman Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Dated: 4/18/08 ALIALA" Deanna Lynn Saracco co - P ry 1 '...1-r?.