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HomeMy WebLinkAbout04-08526- ERICA AIKENS, Plaintiff, V. BUREAU OF COLLECTION RECOVERY INC., Defendant. AN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY :PENNSYLVANIA Y-S6Z,Q Tu^ :NO.: 0 NOTICE TO PLEAD TO THE 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 Libei:y Avenue 3,? Carlisle, PA 717-249-3166, 800-990-9108 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 ON 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. ERICA AIKENS, Plaintiff, V. BUREAU OF COLLECTION RECOVERY INC., Defendant. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY :PENNSYLVANIA :NO.: 0 q -FS 1 Ct?,-d --Te, COMPLAINT COUNTI 1. 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. 2. 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. 4. 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. 5. 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). 6. Defendant's 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. 7. 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 Commonwealth with its principal place of business located at 7575 Corporate Way, Eden Prairie, Minnesota, 55344. 12. Defendant is a debt collector as defined by 15 U.S.C. 11692a(3). 13. Defendant sent letters to Plaintiff, dated December 5, 2003, which is a "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a(5). 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 December 5, 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. Defendant's letter states that a $25.00 fee may be assessed, however, Pennsylvania law states that a return check fee is $20.00, upon conviction. 18. Defendant's letter states that the agency is licensed by the Minnesota Department of Commerce, however, that only means that it can do business in Minnesota. 19. Plaintiff believes and therefore avers that she was confused, mislead and deceived by the statement regarding Minnesota. 20. Plaintiff believes and therefore avers that said statement should be shown only to those residents of Minnesota. 21. Defendant's statement that they can charge a $25.00 fee is false. 22. Plaintiff believes and therefore avers that the amount stated on the letter is incorrect and adds fees, costs and charges not authorized by law. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. The FDCPA provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. §16928. Defendant violated this section of the FDCPA. 30. The FDCPA states, a debt collector may not communicate with a consumer at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communications. 15 U.S.C. § 1692c(a)(3). Defendant violated this section of the FDCPA. 31. 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, Inge Belile, 208 B.R. 658 (E.D. Pa 1977). 32. 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. Ill. 1993); u s v. Hand, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v, Gaynor, 784 F. Supp 1 (D. Conn. 1989). 33. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Bently 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). 34. 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. 35. 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. 36. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 37. 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). 38. Defendants letters were intentionally confusing and deceptive, in violation of 15 U.S.C. § 1692e(5) and (10), § 1692f(8) and § 1692j. 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 defendants 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 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 on his 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/hottr 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 orequity may provide. Dated: 2/25/04 By: 4/se"anna Lynn Saracco ? ? Deanna Lynn Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com PO Box Oaks, PA719456 Bureau of Collection Recovery, Inc. 7575 Corporate Way Eden Prairie, MN 55344 952-934-7777 12/05/03 Reference; VERiZON WIRELESS 13355651924 Account #: 3651924 Erica L A i k e n s Client Account: 0012021842092000001 28a Thomas St a Balance: $2,052.87 Harrisburg PA 17103-2416 *Major Credit Cares Accepted* You are advised that Bureau of Collection Recovery Inc. is in possession of the above captioned account for the purpose of collecting the balance due. Any information we obtain from you will be used to collect this debt. Unless you notify this office within days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. Any dishonored check may, be assessed a $25.00 fee. Call our oflce Toll Free at 888-276.8572 Office Hours: Monday-Thursday 7:OU a.m. - 1000 p.m. Friday 7:00 a m. to 6:00 p.m. Saturday 7:00 a.m. tG 1:00 p.m. Sunday 2:00 p.m. to 8:00 p.m. Central Time This collection agency is licensed by the Minnesota Department of Commerce. Sincerely, Bureau of Collection Recovery Inc. This is an attempt to collect a debt. Any information obtained will be used for that purpose. "A Debt Collection Agency" --------------------------------Please detach and return in the enclosed envelope with your payment--- ERICA L A,KENS 28A THOMAS ST # HARRISBURG PA 17103-2415 Reference: VERIZON WIRELESS Account #: 5651924 Client Account: 0012021842092000001 Balance: $2,052 87 PLEASE PRINT YOUR CURRENT ADDRESS AND PHONE NUMBER BELOW. HOME #: WORK #: Bureau of Collection Recovery, Inc. 7575 Corporate Way Eden Prairie Minnesota 55344 ?C '_ ' _' U , o ? c ? ? ? ? ? ? ? ? ? '`' ? c -, ? ? ? ? ? U, .. ?'? 1!1 1 ?? ERICA AIKENS IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY PENNSYLVANIA V. Civil Action No.: 04-0852 BUREAU OF COLLECTION RECOVERY : Civil Term INC. Defendant, IMPORTANT NOTICE TO: RICHARD J. PERK, ESQUIRE FINEMAN KREKSTF,IN & HARRIS P.C. United Plaza 30 South 17' Street, Suite 1800 Philadelphia, PA 19103 DATE OF NOTICE: MAY 6, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS N OTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 717-249-3166 800-990-9108 Deanna Lynn Saracco 76 Greenmont Drive Enola, PA 17025 (717) 732-3750 Attorney for Plaintiff G '" ti ri}t -- -a -TI `v G ' C ? Jr Curtis R. Long Prothonotary office of the Protbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6AI CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573