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Home My WebLink About04-0850ERICA AIKENS, Plaintiff, WORLD FINANCIAL NETWORK NATIONAL BANK AUDIT AND INVESTIGATION DIVISION, Defendant. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA 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 2 Liberty Avenue -~.~ ~. ~ Carlisle, PA 717-249-3166, 800-990-9108 NOTI¢IA 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 pot 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 P0R TELEFON0 A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. ERICA AIKENS, Plaintiff, WORLD FINANCIAL NETWORK NATIONAL BANK AUDIT AND INVESTIGATION DIVISION, Defendant. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA ; :NO.: COMPLAINT COUNT I Jurisdiction for this Action is asserted under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-3.1, particularly, the Debt Collection Practices Regulations issued under 37 Pa. Code §303.1 et seq. Plaintiff is a debtor as defined by 37 Pa. Code §303.2. Defendant is a debt collectors as defined by 37 Pa. Code §303.2. That provisions of the Pennsylvania Debt Collection Practices Regulations are virtually identical with the FDCPA and the conduct of defendant violated plaintiff's rights under Pennsylvania law. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL, 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). Defendant's acts as described herein were done with malicious, intentional, willful, reckless, negligent and wanton disregard for Plaintiff's rights with the purpose of coercing Plaintiff to pay the alleged debt. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on his behalf and against defendants for a statutory penalty pursuant to 73 P.S. ~201-9.2(a), treble damages pursuant to 73 P. S. §202-9.2(a), punitive damages, costs and attorney's fees pursuant to 73 P.S. §201-9.2(a). COUNT II 8. 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. 9. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 10. Plaintiff is an individual and consumer pursuant to 15 U.S.C. § 1692a(6). 11. Defendant is a business entity(ies) engaged in the business of collecting debts in this Cormnonwealth with its principal place of business located at P. O. Box 182274, Columbus, Ohio, 43218-2274. 12. Defendant is a debt collector as defined by 15 U.S.C. 1692a(3). 13. Defendant sent letters to Plaintiff, dated in November and December 2003, and January 2004, w are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a($). 14. At all pertinent times hereto, the defendant was hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 15. Defendant communicated with plaintiff on or after one year before the date of this action, in connection with collection efforts, by letters, telephone contact or other documents, with regard to plaintiff's alleged debt. 16. On or about November 23, 2003, defendant drafted and mailed, to the Plaintiff, via U.S. mail, a collection or "dunning" letter, which attempt to coerce Plaintiff into paying the alleged debt. 17. On or about December 25, 2003, defendant drafted and mailed, to the Plaintiff, via U.S. mail, a collection or "dunning" letter, which attempt to coerce Plaintiff into paying the alleged debt. 18. On or about January 14, 2004, defendant drafted and mailed, to the Plaintiff, via U.S. mail, a collection or "dunning" letter, which attempt to coerce Plaintiff into paying the alleged debt. 19. Defendant's letters are all signed by Dan Kasburg, Account Audit Manager. 20. Plaintiff believes and therefore avers that a "manager" did not review her account. 21. Plaintiff believes and therefore avers that the defendant's letterhead is confusing, misleading and deceptive. 22. Defendant's letterhead, "audit and investigation division" implies that Plaintiff is being investigation for something possibly unlawful, when that is not true. 23. Defendant's letter indicated that might have to pay legal fees, expenses and court costs, 24. Plaintiff believes and therefore avers that defendant rarely, if ever, pursues consumer accounts for the amount allegedly owed by Plaintiff. 25. Plalntiffbelieves and therefore avers that the amount stated on the letter is incorrect and adds fees, costs and charges not authorized by law. 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. Defendant violated this section of the FDCPA. 27. 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. 28. 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. 29. The FDCPA states, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer. 15 U.S.C. § 1692c(b). Defendant violated this section of the FDCPA. 30. The FDCPA states, it is unlawful to design, compile and furnish any form knowing that such form would be used to create the false believe in a consumer that a person other than the creditor of such consumer it participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 15 U.S,C. ~1692j, Defendant violated this section of the FDCPA. 31. 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. §1692fand §1692e(2)(A) and (B). Defendant violated this section of the FDCPA. 32. The FDCPA provides certain fights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. §1692g. Defendant violated this section of the FDCPA. 33. 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), §1692f(8) and §1692j, see also, In re Belile, 208 B.R. 658 (E.D. Pa 1977). 34. Defendant's communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. Tolentino v. Friedman, 833 F. Supp. 697 (N.D. I11. 1993); Sluys v. Hand. 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gaynor, 784 F. Supp 1 (D. Conn. 1989). 35. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Benfly v. Great Lakes Collection Bureau, 6 F.3d 62 (2d Cir. 1998). See also, 15 U.S.C. §1692e(5), 15 U.S.C. §1692e(10). 36. At all time pertinent hereto, the defendant was acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the defendants herein. 37. 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 Plalntiffherein. 38. Plalntiffbelieves and therefore avers that the Defendant's agents made false threats of litigation. 39. Defendants threat of litigation was false because defendant does not routinely file suit against consumer debtors, in violation of 15 U.S.C. §1692e(5) and (10). 40. Defendants letters were intentionally confusing and deceptive, in violation of 15 U.S.C. §1692e(5) and (10), §1692f(8) and §1692j. 41. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 42. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 43. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, 44. 45. on his e, f, g, h, and/or n. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment behalf and against defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FDCPA or each separate and discrete incident in which defendants have violated the FDCPA. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at him in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. (C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $300,00&our for hours reasonably expended by his attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. §1692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. Dated: 2/25/04 Deanna Lym~ Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com 11123/03 WORLD FINANCIAL NETWORK NATIONAL BANK AUDIT & INVESTIGATION DIVISION ERICA L AIKENS 17 JURY ST HIGHSPIRE PA 1703~ 1008 h.,lll,.lll,,,,,ll,.I,,I,.llll..Ih.,I,.h.,llh.,Ih,hl Your account number: Your balance: 5856370739031319 $579.ao THIS BALANCE IS DUE TODAY! Dear ERICA L AIKENS, You have ignored our repeated request for payment on your VALUE CITY FURNITURE account. ~ay I remind you of your contract which requires you to pay the reasonable attorneyJs fees, expenses, and court costs we might incur in order to collect your account or protect our rights. You can avoid additional collection action - Y0H STILL HAVE A CH01CE. RAIL THE BALANCE OF $579.~O TODAY. Sincerely, DAN KASBURG ACCOUNT AUDIT AANAGER 1-800-695-8626, ext. ~6~7 ~FNB 0001721 THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HEARING IMPAIRED TDD CALL 1-888-819-1918 Correspondence address: WFNN5 P.O. BOX 182274 Columbus, OH 43218-2274 Payment address: WFNNB P.O. Box 659704 San Antonio, TX 78265-9704 J6N-16-2004 FBI 12:56 P~ BUR FORENSIC SVOS F~× NO. 7177054317 P. 07 12/25/05 WORLD FINANCIAL NETWORK NATIONAL BANK AUDIT & INVESTIGATION DIVISION ERICA L AIKENS 17 JURY ST HIGHSPINE PA ]7034 1008 I,,,llh,,llh.,.Ih,l,,h,,llll.,,ll,,,I.,I,,,,lll,,,ll,,I.I VALUE CITY FURNITURE ACCOUNT Your account number= Your balance: ............ ~ar Please be advised I have received your account in my office with a recc~emefldation to proceed with the necessary steps to resolve the account. You have been notified previously that you lay be held accountable forI any additional costs incurred in conjunction with this activity. Prior to assigning your account, I would like to offer you an opportunity to resolve your debt with my office. You did not pay the balance of your account. Further action may be ne such as referring your account to an attorney or collection agency in area. Thank you in advance for your cooperation. Sincerely, DAN KASBURG ACCOU#T AUDIT RANAGER 1-800-695-BG2&, ext. ~&47 __J~AL ...... 0001127 cessary THiS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HEARING IMPAIRED TDD CALL I-BBB-rog-ISiS Correspondence address: WFNNB P.O, {BOX 182:274 Columbus, OH 43218-2274 Payment address: WFNNB P.O. Box 659704 San Antonio, TX ?8265-9704 JRN-30-2004 FRI 01:25 PR BUR FORENSIC $VC$ FR× NO. ?177054317 P. 03 WORLD FINANCIAL NETWORK NATIONAL BANK AUDIT & INVESTIGATION DIVISION ERICA L AIKENS 17 JURY ST HIGHSPIRE PA 1703~ 1008 I,,,lll,,,lll,,,,,ll,,I,,I,,,llll,,,ll,,,I,,I,I,,lll,,,lt,,I,I VALUE CITY FURNITURE ACCOUNT Your account number: .G856)707~9031319 Your balance: $579.~0 --:r~l-S'~s yDuR FINAL-~Ti~F! Dear ERICA L AI#ENS, We have attempted to settle this matter in a friendly manner. We have tried to appeal to your sense of integrity and honesty. We have tried to explain the benefits of settling this matter in a voluntary fashion. We regret thc action no~ being taken has becOme necessary, Once again, ~e are sorry. Sincerely, DAN KASDURG ACCOUNT AUDIT MANAGER 1-800-695-8626, ext- ~647 .i~)DA323 .............................. THIS IS AN A i i'EMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HEARING IMPAIRED TOD CALL 1-888-819-191B Correspondence address: WI=NNB P.O. BOX 182274 Columbus, OH 43218-2274 Payment address: WIFNNB P.O. Box 659704 San Antonio, TX 78265-9704 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ERICA AIKENS, Plaintiff, WORLD FINANCIAL NETWORK NATIONAL BANK AUDIT AND INVESTIGATION DIVISION, Defendant. No. 04-850 Civil NOTICE OF FILING OF NOTICE OF REMOVAL TO THE PROTHONOTARY: Pursuant to 28 U.S.C. § 1446, you are hereby notified that a Notice of Removal of this action was filed in the United States District Court for the Middle District of Pennsylvania on January 9, 2004. Respectfully submitted, REED SMITH LLP I.D. No. 78507 213 Market Street, 9th floor Harrisburg, PA 17101-2108 (717) 257-3071 Kevin M. Toth I.D. No. 82769 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 (215) 851-8100 Dated: March 19, 2004 Attorneys ['or Defendant World Financial Network National Bank CERTIFICATE OF SERVICE I hereby certify that, on this 19th day of March, 2004, I caused to be served a tree and correct copy of the foregoing Notice of Filing of Notice of Removal via first class United States mail, postage prepaid, upon the following counsel: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 -2-