HomeMy WebLinkAbout08-1747IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS
10625 Techwoods Circle CIVIL ACTION
Cincinnati, OH 45242
Plaintiff :
VS.
NO: Cg- lg4q (.?i vu l `?crwt
William T WALKER
170 BRINDLE RD
MECHANICSBURG PA 17055
Defendant
NOTICE TO DEFEND
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 to
Defend are served, by entering a written appearance personally or by an 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS :
10625 Techwoods Circle CIVIL ACTION
Cincinnati, OH 45242
Plaintiff
vs.
William T WALKER
170 BRINDLE RD
MECHANICSBURG PA 17055
Defendant
NO: 6.f- /7Y7 1 7Z,
COMPLAINT
Plaintiff, UNIFUND CCR PARTNERS, by and through its attorneys, Edwin A.
Abrahamsen & Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, UNIFUND CCR PARTNERS, (hereinafter "Plaintiff") is a Ohio
corporation with a principal place of business located at 10625 Techwoods Circle, Cincinnati, OH
45242.
2. The Defendant William T WALKER (hereinafter "Defendant") is an adult
individual residing at 170 BRINDLE RD MECHANICSBURG PA 17055.
3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase
and collection.
4. Defendant applied for and received a credit card issued by PREFERRED with the
account number 5410658438004119.
5. The within account was sold by PREFERRED to Unifund for valuable
consideration and all rights under said accounts were assigned to Unifund. (See, Bill of Sale,
Affidavit and Assignment attached hereto as Exhibit "A.")
6. Use of the PREFERRED credit card was subject to the terms of the Cardmember
Agreement, a copy of which was sent to the Defendant along with the credit card. (See,
Cardmember Agreement attached hereto as Exhibit T.")
7. Defendant used the PREFERRED credit card account number5410658438004119,
for purchases, cash advances and/or balance transfers.
The Defendant was mailed account statements relative to the Defendant's use of the
subject credit card. (See, Card Statements attached hereto as Exhibit "C.")
9. The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due.
10. The account became delinquent on April 19, 2004.
11. The principal amount was $8,131.46 at the time it was received by Plaintiff.
12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate
of 29.74.
13. The total amount due and owing the Plaintiff including interest, is $21,649.44.
14. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court
costs and reasonable attorney's fees.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $21,649.44 plus costs of suit, reasonable attorneys' fees of $2,164.94 and any other
relief as the Court deems just and appropriate.
Edwin A`Abrah n & Assoc.
Michael F. Rat ford, Esquire
Scott J. Best, squire
Attorney I.D. Nos.: 86285/93600
1729 Pittston Avenue
Scranton, PA 18505
mratchford@eaa-law.com
sbest@eaa-law.com
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff,UNIFUND CCR PARTNERS, am fully
familiar with the facts set forth in the within Complaint and am authorized to make this
Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are
true and correct to the best of my knowledge, knowing that any false statements are punishable
by law pursuant to 18 C.S.A. 4904.
6(t4)5i?
BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of May
27, 2005, between Citibank (South Dakota), National Association, a national banking association
organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls,
SD 57117 (the "Bank") and Unifund CCR Partners, located at 10625 Techwoods Circle,
Cincinnati, OH 45242 ("Buyer").
For value received and subject to the terms and conditions of the Purchase and Sale Agreement
dated May 27, 2005, between Buyer and the Bank (the "Agreement"), the Bank does hereby
transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's
successors and assigns, good and marketable title to the Accounts described in Section 1.2 of the
Agreement, free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security
interest.
This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and
without representations or warranties including, without limitation, warranties as to collectibility.
Citibank (Sout1_9.Pk
National As ation
By:
Name:
Title:
W E(r?iR c? o-4. VP
4. ? 4ils??l S.I KJ
Fin. ,: filffrlo &. 7 finance
Unifund CCR Partners
B "6.
y. 11
(Signa??t``urfee)?
Title: '?.$rlAJt.r9?7'!
4° ,?`
? ????,Y?
lb
1300
ACCOUNT NUMBER ofil-mMlt Ab Ot PAYMENT DUE DATE MINIMUM PAYMENT PAYMENT ENCLOSED
07/0902007
5410656438004119 19,946.70 PAST DUE 19,946.70
tali checks Pmmle To UnILnU
UNIFUND STATEMENT
W T WALKER
170 BRINDLE RD
MECHANICSBURG PA 17055
MESSAGE FROM UNIFUND
OUR ACCOUNT IS PAST DUE $19,946.70. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. PLEASE R
IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT FOR THE AB OVE AMO U NT,THAN K YOU.
PROMPT CREDITING OF PAYMENTS. TO RECEIVE CREDIT FOR PAYMENTS AS OF THE
DATE OF RECEIPT, WE MUST RECEIVE YOUR CHECK OR MONEY ORDER AT:
UNIFUND
10625 TECHWOODS CIRCLE
CINCINNATI, OH 45242
PAYMENTS RECEIVED ATTHEABOVEADDRESS IN THEMANNER SPECIFIED AFTER THAT
TIME WILL BE CREDITED TO YOUR ACCOUNT AS OF OUR NEXT BUSINESS DAY. THE
CREDITING TO YOUR ACCOUNT OF PAYMENTS RECEIVED AT ANY LOCATION OTHER THAN
THE ABOVE ADDRESS MAY BE DELAYED UP TO 5 DAYS OF RECEIPT.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. FEDERAL LAW REQUIRES US TO INFORM YOU THAT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
?; • ,r ,,,? ? w,
?A` '`,?
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CITIBANK CARD AGREEMENT
This Agreement and the folder containing the card are your Citibank Card
Agreement. The folder contains important account information. including the
annual percentage rate and the amount of am nembelshl fe and kee the folder p e. Please
ea ?p"!
p and this Agreement for year records.
To simplify the rest of this Agreement `or you, the following definitions will
apply" The words you, your. and yours mean the person responsible for this
Agreement, to whom we direct the billing statement. The word card means
one or more cards which we have issued with your account number. The
words we, us, and ourmean Citibank (South Dakota), N.A. The words
Citibank checks mean one or mere checks that vie may provide to access
your Citibank card account. This Agreement is binding on you unless you ++
cancel your account within 30 days after receiving the card and you have not
used or authorized use of your account.
Using Your Account and Your Credit Line: s`
The card must be signed to be used. Your initial credit fine appears on the
folder containing the card. A portion of your credit line, called the cash g
advance limit, is available for cash advances. At our discretion and at any
time, we may change your credit line or cash advance limit. We will notify
you if we do, either by mail or through a billing statement sent either before
or after the change takes effect. You may request a change to your credit fine
,.. or cash advance limit by contacting Customer Service by telephone or mail.
The full amount of your
credit line is available to buy or lease goods or
services wherever the card is honored. Your cash advance limit is available
for cash through any bank or automated teller machine that accepts the card
or by using Citibank checks. The total amount charged on your account,
including purchases, balance transfers, cash advances, finance charges, fees, ?
ar other charges, must always remain below your credit line. However, if that
v total amount exceeds your credit line you must ,.• `, {
, stiff pay us.
Additional Cards:
s ,
You may request additional cards on your account for yourself or others and you may permit another person to have access to the card or account
number. However, if you do, you must pay us for ail charges made by those x. .
persons, including charges for which you may not have intended to be
responsible. You must notify us to revoke permission for any person you
previously authorized to use your account. If you tell us to revoke another .4
person's use of your account', we may close the account and issue a new
card or cards with a different account number. You are responsible for the
use of each card issued on your account according to the terms of this
Agreement.
Membership Fee:
The folder containing the card indicates whether your account is subject to a
membership fee. If it is, the fee is added to the purchase balance and is non-
refundable unless you notify us to cancel your account within 30 days from
the mailing date of the billing statement on which the fee is billed. k
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Citibank Checks:
Citibank CheCkS may be usad to purchase goccs and services or c ;btain cast -
up io the amount of your available cash advance limit uriess that amount will
cause the balance to exceed your credit line. We will treat Citibank checks as a
cash advance and charge them against your cash advanca limit. Each Citibank
check must be in the irrm we have issued and must be used according to any
instructions we give yeu. Citibank checks may be used oniv by tha person rvhGSc
name is printed on them. Citibank checks may not ce usad to pay anv arnou-.t
'
owed to us under this or any other Citibank Card Agreement. Ike wiif
not certify
any Citibank checks, nor will we return paid Citivank checks.
'
Returned Citibank Check Pee: '
We v:ili add a S29 fee io the cash advance balance if ive r=cline `c "orcr z
Citibank, check. We may deciine to honor a Citibank chece ,i, for 3xample, me
uiilL,: ..:Jt .lit ..,.... ; --...-.: .._....... .. ?,- .. .__ `^:vnr': !imi'
or credit line, if you default, if you did not comply with ouir instructions regarding
the check, if your account has been closed. or it the card has expired.
Stop Payment Pee:
We will add a $29 fee to the cash advance balance when payment of a Citibank -
check is stopped at your request. You may stop payment on a Citibank check by i;
notifying us in writing at P.O. Box 6500, Sioux Falls, South Dakota 57117 or by
calling us at the telephone number listed on the billing statement. If you call, you
must confirm the call in writing within 14 days. A wrifter, stop payment order will
remain in effect for six months unless renewed in writing. }
Once a charge is made through the use of the card or account number we
cannot "stop payment" on the charge, if there is a dispute involving a chary, on
^ur -account. please refer to the section entitled "What To Do If There's An Err-or -• ••-. - .
In Your Bill".
Lost or Stolen Cards, Account Numbers or
Citibank Checks:
If any card. account number or Citibank check is lost or stolen or if you think
s•omeore used or nay use 'them without your permission, notify us at once by - ';': +. , • ?.: :.?"'' "
calling the telephone number shown on the billing statement or the number
,.M inr:CJ '_y caMPO toll-free or local Directory Assistance. We may require you to
prcvide certain information in writing to help us find out what happened. Don't Use
the card or the Citibank checks after we've been notified. even if they are found
or returned. You may be liable for unauthorized use of the card, but not for more
than 550. You won't be liable for unauthorized purchases or rash advances made
after we've been notified of the loss or the theft; however, you must identify for
us the charges on the billing statement that were not made by you, or someone
authorized by you, and from which you received no benefit.
Default:
You default under this Agreement if you fail to pay the minimum payment
listed on each billing statement when due, fail to make a payment to any
other creditor when due, file for bankruptcy, exceed your credit line without
permission, pay by a check or similar instrument that is not honored or that .
we must return because it cannot be processed, pay by automatic debit that f,
is returned unpaid, or default on any other Citibank Card Agreement. If you
default, we may close your account and demand immediate payment of i
the full balance. If you have given us a security interest in a certificate or
deposit or a savings account, we may use the deposit amount to pay any
amount You owe.
6
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01747 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
WALKER WILLIAM T
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WALKER WILLIAM T the
DEFENDANT
at 1728:00 HOURS, on the 1st day of April , 2008
at 170 BRINDLE ROAD
MECHANICSBURG, PA 17055
WILLIAM T WALKER
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.00
Affidavit .00
Surcharge 10.00
y/
b? n .00
37.00
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
04/02/2008
EDWIN A13RAHAMSEN & ASSOCIATES
By
Deputy S iff
A. D.
Deanna Lynn Saracco
Attorney for Defendant
76 Greenmont Drive
Enola. PA 17025
717-732-3750
UNIFUND CCR PARTNERS,
Plaintiff,
V.
William Walker,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Docket No.: 08-1747
PRELIMINARY OBJECTIONS FILED BY DEFENDANT
William Walker
AND NOW COMES Defendant, by and through his counsel, and files these Preliminary
Objections pursuant to Pa.R.C.P. 1019, Pa.R.C.P. 1024, and the following:
1. INTRODUCTION
1. Plaintiff commenced the above-captioned action in this Honorable Court by tiling a civil
Complaint on or about March 18, 2008.
2. Defendant was served by sheriff on April 1, 2008. and received a ten-day notice dated
April 11, 2008.
3. Defendant does not owe the alleged debt.
4. Defendant notified the Plaintiff s law firm on at least 3 occasions that they had the wrong
individual and that he never owed the alleged debt.
5. Despite Defendant's notices to Plaintiff s attorney. Plaintiff sued the Defendant.
6. Plaintiff seeks damages pursuant to a credit card agreement that the Defendant never
obtained, never owed, never signed for, never in any way was responsible to pay.
7. Defendant notified Plaintiffs attorney's on April 1. 2008. the day he was served by the
Sheriff of Cumberland County and Plaintiffs attorney responded by sending a 10-day
Notice, prematurely.
8. Defendant demands that Plaintiff verify contract, with the proper address and social
security number. from the original creditor.
9. Defendant demands that Plaintiff produce witnesses to authenticate the chain of title.
10. Defendant demands that Plaintiff permit him to dispute the alleged debt.
11. Defendant plans to sue Plaintiff, Citibank and Plaintiffs counsel for this gross abuse of
litigation and for violations of the Fair Debt Collection Practices Act.
IL LEGAL ARGUMENT
12. The alleged consumer debt in question involves a credit card agreement between the
Defendant and a third partN.. Citibank.
13. Since Defendant never applied for, used or in any other way requested the credit card
from Citibank, the contract attached to Plaintiffs Complaint is false, misleading and an
attempt to defraud Defendant of money.
14. There is no copy of the Agreement, signed by Defendant, attached to Plaintiffs
Complaint.
15. Plaintiff attached a credit card agreement from Citibank, however, there is insufficient
information to determine that the agreement pertains to this Defendant.
16. Pennsylvania law requires that Plaintiff have a valid assignment of the alleged debt prior
to having authority to collect same. 18 Pa.C.S. ti731 1(a)(1) and (2). which would require
the Plaintiffs counsel to verifv the actual contract.
17. Since Plaintiff sued the incorrect individual, it is clear that Plaintiff and its counsel
violated 18 Pa.C.S. §7311, et seq., by not properly, reviewing the contract creating the
alleged debt.
18. Plaintiff failed to afford Defendant the opportunity to dispute the alleged debt, in
accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
19. Plaintiff failed to afford Defendant any rights in the collection of the alleged debt,
pursuant to 15 U.S.C. § 1692 et seq., as well as Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. §2270 et seq.
20. Plaintiff alleged no facts to demonstrate that this Defendant owes the alleged debt.
21. The Plaintiff s Complaint should be dismissed because Plaintiffs Complaint is based on
various written documents, that are not attached to the Complaint.
22. The Plaintiffs Complaint lacks subject matter jurisdiction over the Defendant because
the Defendant does not owe any monies to the Plaintiff and Plaintiff had a duty to ensure
that they did not sue the incorrect individual.
23. Plaintiffs Complaint fails to conform to Pa.R.C.P. 1019.
24. Plaintiffs Complaint fails to conform to Pa.R.C.P. 1024.
25. Plaintiff failed to lawfully verity its Complaint since a review, of the contract creating the
alleged debt. would NOT contain Defendant's mailing address at the time the application
was made for the alleged debt. would NOT contain Defendant's social security number
and would NOT contain Defendant's signature.
26. Defendant notified Plaintiff through Plaintiffs counsel at least 4 other occasions,
however, the Plaintiff intentionally and maliciously tiled suit against the Defendant.
27. Plaintiff is time-barred from bringing this action.
28. Defendant requests that Plaintiff provide proof of the original agreement between
Citibank and the Defendant, since no agreement exists. Plaintiff s Complaint must be
Dismissed with Prejudice.
WHEREFORE. the Defendant respectfully requests that this Honorable Court, DISMISS
Plaintiffs complaint with prejudice and award Defendant attorney fees and costs of this action as
a sanction against Plaintiff and its attorney for filing false (IQCLIments with this Honorable Court.
Dated: 4/15/08 By: /s/Dean vnn aracco
Deanna Lynn Saracco, Attorney for Defendant
76 Greenmont Drive, Enola, PA 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw(&aol.com
Certificate of Service:
I hereby certify that a true and correct copy of the foregoing was served on attorney for the
Plaintiff via U.S. First Class Mail as follows:
Edwin A. Abrahamsen & Assoc.
Michael Ratchford, Esquire
1729 Pittston Avenue
Scranton, PA 18505
Dated: 4/15/08
By:/s/[ eanna vnn Saracco
UNIFUND CCR PARTNERS,
Plaintiff,. Counter Defendant,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
William Walker,
Defendant, Counter Plaintiff,
Docket No.: 08-1747 - CIVIL TERM
NOTICE TO PLEAD
TO THE COUNTER-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 come. Si usted quire defenderse de estas
demandas expuetas en las paginas siquientes, usted tiene viente (20) alias de
plazo al partir de la fecha de la excrita o en persona o por abogado y
archivar en la torte en forma excrita sus defensas o sus objectiones a las
demande, is Norte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificaci.on 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 T17-NE ABOGADOO S1 NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POP,
TELEFONO A LA OFICINA CTA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL.
.
Deanna Lynn Saracco
Attorney for Defendant
76 Greenmont Drive
Enola, PA 17025
717-732-3750
UNIFUND CCR PARTNERS,
Plaintiff, Counter-Defendant
V.
William Walker,
Defendant, Counter-Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Docket No.: 08-1747
DEFENSES ON BEHALF OF William Walker
AND NOW COMES Defendant, by and through his counsel, and files this Answer with
counterclaims and affirmative defensive and in support thereof, avers as follows:
1
Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
2
Admitted in part, denied in part. It is Admitted only that the Plaintiff served William
Walker with a Complaint. It is Denied, that William Walker owes any monies to Unifund
CCR Partners and/or Citibank credit card.
3
Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
4
Denied. Defendant never applied for, and was never issued a credit card as described in
Paragraph 4 of the Complaint.
5.
Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
6. Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
7. Denied. Defendant never used the credit card as described in Paragraph 6 of the
Complaint.
8. Denied. Defendant never received account statements attached as Exhibit C.
9. Denied. Defendant never defaulted on the credit card as described in Paragraph 9 of the
Complaint.
10. Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
11. Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
12. Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
13. Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
14. Defendant is without sufficient knowledge to determine the truth of the statement
contained herein, to the extent a response is required, it is hereby Denied and strict proof
of same is required at trial.
WHEREFORE, Defendant respectfully requests that this Honorable Court, dismiss the
case against him and award Defendant attorney fees. costs and damages for the improper filing of
the Complaint.
NEW MATTER
15. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. §2270 et seq.
1. Plaintiff is a consumer located within the Commonwealth of Pennsylvania.
2. Defendant Law Office of Edwin A. Abrahamsen & Assoc., PC., and the attorneys who
work for the law office, Edwin A. Abrahamsen and Michael F. Ratchford, attorneys, are
debt collectors/business entity engaged in the business of collecting consumer debts in
this Commonwealth with a mailing address of 1729 Pittston Avenue, Scranton, PA
18505.
Defendant Unifund CCR Partners, is a debt buyer, debt collector, in the business of
purchasing and collecting debts in default, within this Commonwealth, with a mailing
address of 10625Techwoods Circle, Cincinnati, OH, 45242.
4. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. §2270.4(a).
During the course of 2007 and until April 2008, defendants contacted Plaintiff by
telephone in an attempt to collect a debt that did not belong to the Plaintiff.
6. On at least 3 occasions, Plaintiff notified the defendant that he was the incorrect
individual and that he did not owe the alleged debt.
:
7. On April 1, 2008, Plaintiff was served by Sheriff, a Complaint filed in the Court of
Common Pleas, Cumberland County, Pennsylvania.
8. Plaintiff immediately called the defendant and spoke with Michael F. Ratchford,
informing him once again, that Plaintiff did not owe the alleged debt and at that time,
disputed the alleged debt for at least the fourth time.
9. Mr. Ratchford said he would check into the matter.
10. On or about, April It, 2008, Plaintiff was served with a 10-day notice of default.
11. On or about April 15, 2008, Plaintiff tiled preliminary objections.
12. On or about April 28, 2008, Plaintiff filed a brief in support of his preliminary objections.
13. On or about May 8, 2008, Defendant sent a second 10-day notice of default to the
Plaintiff.
14. Plaintiff believes and therefore avers that the initial communication was by telephone.
15. At no time during the telephone contacts did the Defendants inform Plaintiff of his rights
under the FDCPA.
16. Plaintiff informed the defendant on multiple occasions that he was the incorrect
individual and to date, the defendants ignored the Plaintiff's attempts to dispute the
alleged debt, as well as ignored Plaintiffs preliminary objections and brief in support
thereof.
17. Rather than dismissing the case, the defendants attempted to take default, a second time,
against the Plaintiff.
18. Plaintiff believes and therefore avers that the Defendants failed to review the contract
creating the alleged debt otherwise, Defendants would have known that they sued the
wrong individual.
19. Plaintiff believes and therefore avers that Defendant violated federal and state laws as
well as the Rules of Professional Conduct.
COUNTER-CLAIM I - AGAINST PLAINTIFF PURSUANT TO THE PENNSYLVANIA
FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P S §2270 et sec.
20. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
21. 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. §731 1 et seq.
22. Plaintiff believes and therefore avers that Defendants violated 18 Pa.C.S. §7311(a) and
(b), by not having a valid contract and written assignment for the alleged debt.
23. Plaintiff further believes that Defendants violated provisions of the Fair Debt Collection
Practices Act, as alleged in the General Allegations and the other Counts of this
Complaint, as such, Defendants violated the Pennsylvania FCEU, 73 P.S. §2270.4(a).
24. That Defendants 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).
25. Defendants' 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 that he does not owe.
26. 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, Defendant respectfully requests that this Honorable Court issue
judgment on against Defendant for a statutory penalty, treble damages, actual damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. §2270.5.
COUNTER-CLAIM 11- AGAINST PLAINTIFF PURSUANT TO THE PENNSYLVANIA
UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
27. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
28. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law. 73 P.S. §201-1 et seq.
29. That defendants engaged in unfair methods of competition and unfair or deceptive acts or
practices. as defined by UTPCPL.
30. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and
punitive damages and attorney's fees and costs.
31. WHEREFORE, Defendant respectfully requests that this Honorable Court issue
judgment against Plaintiff for a statutory penalty, treble damages, actual damages,
punitive damages, attorney fees and costs pursuant to 73 P.S. §201-902.
AFFIRMATIVE DEFENSES
32. Plaintiffs Complaint fails to state a claim upon which relief can be granted.
33. Plaintiff's claims are barred by the doctrines of waiver, estoppel and/or laches.
34. Plaintiffs claims are improper because Plaintiff sued the wrong individual.
16. Plaintiff does not have authority to collect the alleged debt pursuant to Pennsylvania law,
at 18 P.A.C.S. §7311, et seq.
17. At all times pertinent hereto, defendant acted in accordance with or within the confines of
applicable law.
18. The damages alleged by Plaintiff are inaccurate and unlawful and not owed by the
defendant.
19. The Plaintiff suffered no ascertainable loss of money or property as the alleged debt was
r
purchased in default, along with possibly thousands of other alleged debts, for a nominal
amount, by the Plaintiff.
20. The Plaintiff has no standing to bring this Action.
21. This Honorable Court lacks subject matter jurisdiction over the allegations of the
Complaint.
22. The Plaintiff is not entitled to recover attorney fees and/or costs because there is no
contract between Plaintiff and defendant.
23. The Plaintiff is not entitled to recover attorney fees and/or costs because they do not have
a valid assignment of Defendant's alleged debt.
24. Plaintiff violated Pennsylvania law because it failed to act in accordance with state and
federal laws, including by not limited to 18 Pa.C.S. §7311 et seq., and 15 U.S.C. § 1692 et
seq.
25. Defendant disputed and continues to dispute the amount alleged by the Plaintiff.
26. Defendant reserves her right to assert additional affirmative defenses as discovery
warrants.
WHEREFORE, Defendant respectfully requests that this Honorable Court issue
acco
Deanna Lynn Saracco, Attorney for Defendant
76 Greenmont Drive, Enola, PA 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
judgment against Plaintiff for a statutory penalty, treble damages, actual damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. §201-9
Dated: 5/12/08 By: /s/Deanna Lynn ar
Certificate of Service:
I hereby certify that a true and correct copy of the foregoing was served on attorney for the
Plaintiff via U.S. First Class Mail as follows:
Edwin A. Abrahamsen & Assoc.
Michael Ratchford, Esquire
1729 Pittston Avenue
Scranton, PA 18505
Dated: 5/12/08
By:/s/Deanna y n Sa cco
Verification
I hereby certify that the averments in the Answer, New Matter, Counter-Claims and
Affirmative Defenses are true and correct to the best of my knowledge, information and belief
verify the facts set forth in this document knowing that any false statements are subject to
perjury, punishable by law pursuant to 18 C.S.A.§4904.
Dated: 5/12/08 By: WAL, WA?
William Walker
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR. PARTNERS CIVIL ACTION
Plaintiff NO.: 08-1747
V.
WILLIAM WALKER
Defendant
PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly withdraw the Complaint filed in this matter without prejudice.
Respectfully submitted,
BY
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Edwin A. Abrahamsen & ociates, P.C.
Michael F. Ratchford, Bslauire
Attorney I.D. No.:*6285
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR. PARTNERS CIVIL ACTION
Plaintiff NO.: 08-1747
V.
WILLIAM WALKER
Defendant
CERTIFICATE OF SERVICE
I, Michael Ratchford, Esquire, hereby certify that I caused a true and correct copy
of Plaintiff s Praecipe to Withdraw Complaint Without Prejudice was served via first
class United States Mail, postage prepaid on the date set forth below upon the following:
Deanna Lynn Saracco, Esquire
Saracco Law Office
76 Greenmont Drive
Enola, PA 17025
Attorney for Defendant
Date: May 13, 2008 BY: W l v?/
Edwin A. Abrahamsen & ociates, P.C.
Michael F. Ratchford, quire
Attorney I.D. No.: 285
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS
CIVIL ACTION
Plaintiff NO.: 08-1747
V.
WILLIAM WALKER
Defendant
NOTICE TO PLEAD
TO: Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025
Attorney for Defendant/Counterclaim Plaintiff
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER TO THE COUNTERCLAIM WITHIN TWENTY (20)
DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED
AGAINST YOU.
Michael F. Ratc d, Esquire
Attorney for P tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS
Plaintiff
V.
WILLIAM WALKER
Defendant
CIVIL ACTION
NO.: 08-1747
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND ANSWER TO COUNTERCLAIM
Plaintiff, Unifund CCR Partners, by and through its attorneys, Edwin A.
Abrahamsen & Associates, replies to the Defendant's New Matter, Answers his
Counterclaim and submits New Matter as follows:
REPLY TO NEW MATTER
15.(sic) Denied. The allegation of paragraph 15 of the Defendant's New Matter
is a conclusion of law, which is deemed denied.
1. Denied. The allegation of paragraph 1 of the Defendant's New Matter is a
conclusion of law, which is deemed denied.
2. Denied. The allegation of paragraph 2 of the Defendant's New Matter is a
conclusion of law, which is deemed denied. To the extent a further response is deemed
necessary, Plaintiff denies that Edwin A. Abrahamsen & Associates is anything other
than a law firm.
3. Admitted.
4. Denied. The allegations of paragraph 4 of Defendant's New Matter are
conclusions of law, which are deemed denied.
5. Denied. The allegations of paragraph 5 of Defendant's New Matter are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff denies that it or its attorney ever attempted to collect a debt from the
Defendant that they knew was not his. To the contrary, any attempt to collect the debt
was made with the reasonable belief that the debt belonged to the Defendant.
6. Denied. Defendant denies that the Defendant told the Plaintiff that he was
the incorrect individual prior to the within action being initiated.
7. Admitted.
8. Denied. Plaintiff denies that the Defendant ever notified the Plaintiff prior
to being served with the Complaint.
9. Admitted in part. The undersigned agreed to look into whether the
Defendant was the improper individual. It is denied that Plaintiff or its counsel was
notified by the Defendant prior to the Defendant being served with the Complaint.
10. Denied. After reasonable investigation Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the allegations of this paragraph.
Thus, the allegations are denied and strict proof thereof is demanded at the time of trial.
11. Admitted.
12. Admitted.
13. Admitted. It appears that a Notice was mistakenly sent to the Defendant.
14. Denied. After reasonable investigation Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the allegations of this paragraph.
Thus, the allegations are denied and strict proof thereof is demanded at the time of trial.
15. Denied. The allegations of paragraph 15 of Defendant's New Matter are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff denies that it violated the FDCPA in any manner and particularly not
as alleged by the Defendant. To the contrary, Plaintiff acted in conformity with the
FDCPA.
16. Denied. Plaintiff denies that Defendant stated his claim prior to Plaintiff
initiating the within action.
17. Denied. Plaintiff denies that it acted improperly in any manner.
18. Denied. Plaintiff denies that it failed to review the subject contract.
Further, it is denied that any review of the contract would lead Plaintiff to know that it
caused the wrong William Walker to be served with the Complaint.
19. Denied. The allegations of paragraph 19 of Defendant's New Matter are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff denies that it violated any federal or state laws and it is denied that it
violated any Rules of Professional Conduct.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant.
ANSWER TO COUNTERCLAIM I
20. Plaintiff hereby incorporates by reference its Complaint and its Reply to
New Matter as if though fully set forth herein at length.
21. Denied. The allegations of paragraph 21 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff specifically denies that it is violated the FDCPA in any manner.
22. Denied. The allegations of paragraph 22 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff denies that it lacks a proper contract. Moreover, Plaintiff withdrew
its Complaint based upon Defendant's representation that he was the incorrect William
Walker.
23. Denied. The allegations of paragraph 23 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff denies that it violated the FDCPA and/or the FCEU in any manner,
and particularly not as alleged by Defendant.
24. Denied. The allegations of paragraph 24 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff denies that it violated the FDCPA and/or the FCEU in any manner,
and particularly not as alleged by Defendant. Moreover, Plaintiff specifically denies that
it engaged in any unfair methods of competition and unfair or deceptive acts or practices.
25. Denied. The allegations of paragraph 25 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff specifically denies that it acted with malicious, intentional, willful,
reckless, negligent and wanton disregard for Plaintiffs rights in any manner.
26. Denied. The allegations of paragraph 26 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff specifically denies that Defendant is entitled to any damages
whatsoever, and particularly not as alleged by Defendant. Moreover, if the Defendant
suffered any damages, damages which are herein denied, then the damages were caused
by the Defendant himself and/or others over whom Plaintiff had no duty to control.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant.
ANSWER TO COUNTERCLAIM T
27. Plaintiff hereby incorporates by reference its Complaint, its Reply to New
Matter and its response to the preceding allegations of Defendant's counterclaim as if
though fully set forth herein at length.
28. Denied. The allegations of paragraph 28 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff specifically denies that the Pennsylvania Unfair Trade Practices and
Consumer Protection Law is implicated in any manner. To the contrary, Plaintiff acted in
good faith and in conformity with the FDCPA and FCEU at all times. If any error
occurred it was a bona fide error.
29. Denied. The allegations of paragraph 29 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff specifically denies that it engaged in unfair methods of competition
and unfair or deceptive acts or practices in any manner, and particularly not as alleged by
Defendant. To the contrary, Plaintiff acted in good faith and in conformity with the
FDCPA and FCEU at all times. If any error occurred it was a bona fide error.
30. Denied. The allegations of paragraph 30 of Defendant's Counterclaim are
conclusions of law, which are deemed denied. To the extent a further response is deemed
necessary, Plaintiff specifically denies that Defendant is entitled to any damages
whatsoever, and particularly not as alleged by Defendant. Moreover, if the Defendant
suffered any damages, damages which are herein denied, then the damages were caused
by the Defendant himself and/or others over whom Plaintiff had no duty to control.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant.
REPLY TO AFFIRMATIVE DEFENSES
32.-34. Denied. The allegations of paragraphs 32-34 of Defendant's Affirmative
Defenses are conclusions of law, which are deemed denied. To the extent a further
response is deemed necessary, Plaintiff specifically denies that it acted improperly in any
manner and particularly not as alleged by Defendant. Moreover, Plaintiff specifically
denies that Defendant is entitled to any damages whatsoever, and particularly not as
alleged by Defendant. Moreover, if the Defendant suffered any damages, damages which
are herein denied, then the damages were caused by the Defendant himself and/or others
over whom Plaintiff had no duty to control.
16.-26. Denied. The allegations of paragraphs 16-26 of Defendant's Affirmative
Defenses are conclusions of law, which are deemed denied. To the extent a further
response is deemed necessary, Plaintiff specifically denies that it acted improperly in any
manner and particularly not as alleged by Defendant. Moreover, Plaintiff specifically
denies that Defendant is entitled to any damages whatsoever, and particularly not as
alleged by Defendant. Moreover, if the Defendant suffered any damages, damages which
are herein denied, then the damages were caused by the Defendant himself and/or others
over whom Plaintiff had no duty to control.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant.
NEW MATTER TO COUNTERCLAIM
1. Defendant/Counterclaim Plaintiff failed to state a cause of action upon
which relief can be granted.
2. Defendant/Counterclaim Plaintiffs Counterclaim fails to set forth a claim
with the specificity required by the Pennsylvania Rules of Civil Procedure.
3. Defendant/Counterclaim Plaintiff failed to state a cause of action under the
Pennsylvania Unfair Trade Practices and Consumer Protection Law upon which relief
can be granted.
4. Defendant/Counterclaim Plaintiff failed to state a cause of action under the
Fair Debt Collection Practices Act upon which relief can be granted.
Defendant/Counterclaim Plaintiff failed to state a cause of action under the
FCEU upon which relief can be granted.
6. Defendant/Counterclaim Plaintiff did not suffer any damages.
7. Defendant/Counterclaim Plaintiff failed to mitigate his damages, if any.
8. Defendant/Counterclaim Plaintiff's damages, if any, were caused by
others over whom Plaintiff had no duty to control.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant
Respectfully submitted,
BY.
Edwin A. Abrah sen & Associates, P.C.
Michael F. R ford, Esquire
Attorney I. No.: 86285
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS
CIVIL ACTION
Plaintiff NO.: 08-1747
V. .
WILLIAM WALKER
Defendant
CERTIFICATE OF SERVICE
I, Michael Ratchford, Esquire, hereby certify that I caused a true and correct copy
of Plaintiff's Reply to Defendant's New Matter was served via first class United States
Mail, postage prepaid on the date set forth below upon the following:
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025
Attorney for Defendant
Date: June 10, 2008 BY:
Edwin A. Abrahamson Associates, P.C.
Michael F. Ratchfor squire
Attorney I.D. No.: 6285
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Deanna Lynn Saracco
Attorney for Defendant
76 Greenmont Drive, Enola, PA 17025
UNIFUND CCR PARTNERS,
Plaintiff, Counter-Defendant
V.
William Walker,
Defendant, Counter-Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Docket No.: 08-1747
DEFENDANT'S RESPONSE TO
PLAINTIFF'S NEW MATTER TO COUNTERCLAIMS
AND NOW COMES Defendant, by and through his counsel, and files this Answer
Plaintiffs New Matter to Counterclaims, avers as follows:
1-8. Denied. This is a conclusion of law to which no response is required. To the extent a
response is required, Plaintiffs counsel repeated ignored Pennsylvania law, federal law
and the Rules of Civil Procedure, as such, while filing this Response/Answer is not
required, because Plaintiffs counsel improperly labeled its affirmative defenses as new
matter, Defendant will respond with an Answer. By way of further response, the entire
collection of the alleged debt was in the custody and control of the Plaintiff and its
attorney. To the extent the Plaintiff had no idea what attorney Ratchford and his law firm
were doing with respect to the collection of the alleged debt, attorney Ratchford and his
law firm are liable for violations of the Fair Debt Collection Practices Act, and a separate
case is pending against attorney Ratchford and his law firm, in federal court, docketed at
Civil Action No.: 08-913.
Dated: 6/23/08
Deanna Lynn Saracco, Defendant's attorney
76 Greenmont Drive, Enola, PA 17025
By.
4
Certificate of Service:
I hereby certify that a true and correct copy of the foregoing was served on attorney for the
Plaintiff via U.S. First Class Mail as follows:
Edwin A. Abrahamsen & Assoc.
Michael Ratchford, Esquire
1729 Pittston Avenue
Scranton, PA 18505
Dated: 6/23/08
By:/se n Lnn'Saracco
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Deanna Lynn Saracco
Attorney for Defendant
76 Greenmont Drive
Enola, PA 17025
717-732-3750
UNIFUND CCR PARTNERS,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Docket No.: 08-1747
William Walker,
Defendant.
STIPULATION OF DISMISSAL WITH PREJUDICE
AND NOW COMES, Plaintiff, by and through his counsel, and the Defendant, by and
through the counsel for the Defendant, and files this Stipulation of Dismissal in the above
captioned matter. The case has been amicably resolved by the parties and as such, is dismissed
with prejudice. This case may now be marked closed.
Respectfully submitted,
Dated: 7/28/08 By: kk4?,j??
Deanna Lynn Saracco
Attorney for Defendant
76 Greenmont Drive
Enola, PA 17025
717-732-37 0
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Dated: f S?? By
ichael Ratchford, Esquir
1729 Pittston Avenue
Scranton, PA 1850
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