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HomeMy WebLinkAbout08-35673y6'? 4 ej,%_ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennifer Roberts Wilson Street Mechanicsburg, PA 17055 AllianceOne Receivables Mgt., Inc. P.O. Box 21882 Eagan, MN 55121 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 Iignature of Attorney Dated: 6/11/08 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF (S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 171. L597?' rothonotary 11 Dated: 13 ?Od By: Deputy n.? = e W 1 '? ? 'y ? W _a> C? c " _ c ? Cil c o P n 0 ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennifer Roberts, Plaintiff, V. Civil Action No.: 08-3567 AllianceOnce Receivables Mgt., Inc. : a/k/a Alliance One, Inc. JURY TRIAL DEMANDED 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 1-800-990-9108, 717-249-3166 NOTICIA Le han demandado a usted en la torte. Si usted auire 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 torte en forma excrita sus defensas o sus objectiones a las demande, la torte tomara medidas y puede entrar una order contra usted sin previo aviso o notification y por cualquier queja o alivic que es pedido en la petition de demanda. Usted puede perder dinero c sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. Si NO `I'IENE ABOGAD00 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAMF POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. Deanna Lynn Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 717-732-3750 Jennifer Roberts, Plaintiff, V. AllianceOnce Receivables Mgt., Inc. a/k/a Alliance One, Inc. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Civil Action No.: 08-3567 JURY TRIAL DEMANDED COMPLAINT GENERAL ALLEGATIONS 2 3. 4. 5. 6. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. Defendant is a business entity engaged in the business of collecting consumer debts in this Commonwealth with a mailing address 1684 Woodlands Drive, Suite, 150, Maumee, Ohio, 43537, and 717 Constitution Drive, Suite 202, Exton, Pennsylvania, 19341, as well as P. O. Box 21882, Eagan, MN 55121. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). On or about January 2008, through June 2008, agents of the Defendant contacted Plaintiff and by telephone. Defendant discussed the alleged debt with Plaintiff's mother, withhout the consent of the Plaintiff. During the course of the conversations, the agents of the defendant insulted the age, education and integrity of the Plaintiffs mother. 7. During the course of the conversations, agents of defendant threatened to send the sheriff to Plaintiffs place of employment. 8. During the course of the conversations, agents of defendant threatened to arrest Plaintiff for the alleged debt. 9. The alleged debt is more than four years old. 10. Agents of defendant informed Plaintiff that they were charging interest and that every month, the amount of the alleged debt would substantially increase. 11. Plaintiff has no contract or other written agreement to pay interest to any of the named Defendant. 12. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 13. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 14. Plaintiff disputed the alleged debt. 15. Plaintiff believed that litigation was imminent. 16. Defendant rarely, if ever, files suit against consumer debtors as such, any inference of litigation is a violation of the FDCPA. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. §2270 et seg. 17. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 18. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. §1692n. Pennsylvania law states, in pertinent part, 18 Pa.C.S. §7311; "Unlawful collection agency practices. (a) Assignment of claims. It is lawful for a collection agency, for the purpose of collecting or enforcing the payment thereof, to take an assignment of any such claim from a creditor, if all of the following apply: 1. The assignment between the creditors and collection agency is in writing; 2. The original agreement between the creditor and debtor does not prohibit assignments. 3. The collection agency complies with the act of December 17, 1968... (b. I )Unfair or deceptive methods. It is unlawful for a collector to collect any amount, including any interest, fee, charge or expense incidental to the principal obligation, unless such amount is expressly provided in the agreement creating the debt or is permitted by law." 19. Plaintiff believes and therefore avers that Defendant violated this provision of Pennsylvania law. 20. Plaintiff further believes that Defendant violated provisions of the Fair Debt Collection Practices Act, as alleged in the General Allegations and Count II, as such, said violated also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 21. 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). 22. Defendant' acts as described herein were done with malicious, intentional, willful, reckless, negligent and wanton disregard for Plaintiffs rights with the purpose of coercing Plaintiff to pay the alleged debt. 23. 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. 24. 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. 25. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 26. Plaintiff is an individual and consumer pursuant to 15 U.S.C. § 1692a(6). 27. Defendants are debt collectors as defined by 15 U.S.C. 11692a(3). 28. Defendant contacted Plaintiff during January 2008 through June of 2008, by both telephoen and letter, which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a(5). 29. At all pertinent times hereto, the Defendants were hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 30. 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. 31. FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. § 1692n. Defendant violated Pennsylvania law states, 18 Pa.C.S. §7311, as stated herein. 32. The FDCPA states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U.S.C. § 1692£ Defendant violated this section of the FDCPA. I- 33. The Defendants violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 34. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 35. The Defendants violated 15 U.S.C. § 1692e(11) by failing to provide the consumer with the proper warning, "this is an attempt to collect a debt, any information obtained will be used for that purpose," during the initial telephone communications and in subsequent communications. 36. Defendants violated 15 U.S.C. § 1692g, by failing to provide the consumer with the proper validation notice within five days of the initial communication. 37. Defendants violated 15 U.S.C. §1692g by demanding payment without providing the proper consumer warnings, thus, defendants overshadowed the FDCPA. 38. Defendants violated 15 U.S.C. § 1692e(7) by implying, during the course of the conversation, that the consumer was in "trouble with the law," and/or "committed fraud." 39. Defendants violated 15 U.S.C. § 1692f, by attempting to collect a time barred debt. 40. Defendants violated 15 U.S.C. § 1692f, by threatening and/or filing suit without proper legal authority in Pennsylvania. 41. Defendants violated 15 U.S.C. § 1692d(2) by using profane and abusive language towards the consumer. 42. Defendants violated 15 U.S.C. §1692d(5) by causing the phone to ring and engaging the consumer in repeated conversations. 43. Defendants violated 15 U.S.C. § 1692b(2) by communicating with third parties regarding the alleged debt, without the consent of the consumer. 44. Defendants violated 15 U.S.C. § 1692b(3) by communicating with persons other than the Plaintiff more than one time, without consent and without the consent of the Plaintiff. 45. The FDCPA states, a debt collector may not use false, deceptive or misleading representation or means in connection with the collection of any debt. 15 U.S.C. § 1692e(5) and (10). Defendant violated these sections of the FDCPA. 46. The FDCPA states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U.S.C. § 1692£ Defendant violated this section of the FDCPA. 47. 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. 48. 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. 49. 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. 50. The Defendant violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 51. The Defendant violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal status of the alleged debt. 52. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendant cease communication with the Plaintiff. 53. The Defendant violated 15 U.S.C. §1692g, by failing to give the required notices to the Plaintiff in the initial communication which was made by telephone. 54. At all times pertinent hereto, the initial communication was made by telephone. 55. At all times pertinent hereto, the Plaintiff was unable to dispute the alleged debt. 56. The FDCPA provides certain rights to the consumer regarding his/her right to dispute the alleged debt, 15 U.S.C. § 1692g. Defendant violated this section of the FDCPA. 57. 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. 58. At all time pertinent hereto, the Defendant was acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the Defendant herein. 59. 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. 60. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 61. Defendant's 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). 62. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. § 1692e(5) and (10), § 1692f(8) and § 1692j. 63. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 64. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 65. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 66. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 67. 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. (C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $350.00 per hour, for hours reasonably expended by Plaintiffs attorney in vindicating Plaintiffs 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. Respectfully submitted, Dated: 6/23/08 By: /s/ an a A-S-a-racco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com ..a La% .. .{ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennifer Roberts, Plaintiff, V. Civil Action No.: 08-3567 Alliance One Receivables Mgt., Inc. aWa Alliance One, Inc. JURY TRIAL DEMANDED Defendants. PRAECIPE TO DISCONTINUE/WITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter, with prejudice as the parties have amicably settled their dispute. This case should be discontinued and you may mark this case CLOSED. Respectfully submitted, -&A?i Dated. 11 08 Deanna Lynn Saracco, Attorney for Plaintiff 0'1 o/0 9 76 Greenmont Drive Enola, PA 17025 717-732-3750 Certificate of Service: I hereby certify that the foregoing was served on the defendant, via electronic mail, on the defendant as follows: Andrew M. Schwartz Marshall Dennehey 1845 Walnut Street Philadelphia, PA 19103-4797 Dated: /1/08 km- Deanna Lynn Saracco t, t.?