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HomeMy WebLinkAbout08-35680 3 J? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Laura Beachler Asset Acceptance LLC Miller Road P. O. Box 2036 Enola, PA17055 Warren, MI 48090-2036 Plaintiff(s) & Addresses I 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 kL?ua_ztA Signature of Attorney Dated: 6/11/08 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): 4 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) H S/HAVE COMMENCED AN ACTION AGAINST YOU. Pr t onotary Dated: 9?x? By: Deputy c'a C? ^o ° -rt cs -5 m " oil ?c CA A A n n 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Laura Beachler Plaintiff, Civil Action No.: 08-3568 V. Jury Trial Demanded Asset Acceptance, LLC Defendant. NOTICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 1-800-990-9108, 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excri-a o en persona o per abogado y archivar en la corte en forma exerita sus defensas o sus objectiories a las demande, la corte tomara medidas y puede entrar una orden contra usted sir: 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 UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO 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. Deanna Lynn Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 717-732-3750 Laura Beachler Plaintiff, V. Asset Acceptance, LLC Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Jury Trial Demanded Civil Action No.: 08-3568 COMPLAINT GENERAL ALLEGATIONS 1 2. 3. 4. 5. 6. 7. 8. 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 P. O. Box 2036, Warren, MI, 48090-2036. 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 husband, without the consent of the Plaintiff. During the course of the conversations, the agents of defendant insulted the integrity of Plaintiffs husband. Plaintiff disputed the alleged debt because she did not owe the alleged debt. At no time did the agents of defendant advise Plaintiff how to dispute the alleged debt, in fact, agents informed Plaintiff she had to pay it anyway. 9. During the course of the conversations, agents of defendant threatened to sue Plaintiff and the sheriff to Plaintiff's house and/or place of employment. 10. During the course of the conversations, agents of defendant threatened to Plaintiff even after she disputed the alleged debt. 11. Agents of defendant informed Plaintiff that they were charging interest and that every month, the amount of the alleged debt would substantially increase. 12. Plaintiff has no contract or other written agreement to pay interest to any of the named Defendant. 13. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 14. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 15. Plaintiff disputed the alleged debt. 16. Plaintiff believed that litigation was imminent. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. §2270 et seq 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.l)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 11, 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), 30' ).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 Plaintiff's 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 plaintiffs 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. 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 communication 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 threatening and/or filing suit without proper legal authority in Pennsylvania. 40. Defendants violated 15 U.S.C. § 1692d(2) by using profane and abusive language towards the consumer. 41. Defendants violated 15 U.S.C. § 1692d(5) by causing the phone to ring and engaging the consumer in repeated conversations. 42. Defendants violated 15 U.S.C. § 1692b(2) by communicating with third parties regarding the alleged debt, without the consent of the consumer. 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. The Defendant violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 49. The Defendant violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal status of the alleged debt. 50. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendant cease communication with the Plaintiff. 51. The Defendant violated 15 U.S.C. § 16928, by failing to give the required notices to the Plaintiff in the initial communication which was made by telephone. 52. At all times pertinent hereto, the initial communication was made by telephone. 53. At all times pertinent hereto, the Plaintiff was unable to dispute the alleged debt. 54. 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. 55. 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. 56. 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. 57. 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. 58. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 59. 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). 60. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. § 1692e(5) and (10), § 1692f(8) and § 1692j. 61. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 62. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 63. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 64. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 65. 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 (S 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 Plaintiff's attorney in vindicating Plaintiff's rights under the FDCPA, permitted by 15 U.S.C. § 1692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. Respectfully submitted, Dated: 6/23/08 By: /s/ eanna Lynn Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com r?a r? C .w TI p`Ce C».3 f Y't "FILED ELECTRONICALLY IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LAURA BEACHLER, PLAINTIFF CIVIL ACTION 6R- 3 S6 V. ASSET ACCEPTANCE, LLC, DEFENDANT NOTICE OF REMOVAL Defendant, Asset Acceptance, LLC, by and through their undersigned counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby move this Honorable Court pursuant to 28 U.S.C. § 1446(b), as follows: 1. Asset Acceptance, LLC is a Defendant in an action now pending in the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No.: 08- 3568 ("Action"). 2. Defendant was served with a copy of the Writ of Summons and Complaint on or about June 27, 2008. A true and correct copy of the aforesaid Complaint filed at Docket No.: 07-7403 is attached hereto as Exhibit "A", and is incorporated herein by reference. 3. Plaintiff in the Court of Common Pleas court action is Laura Beachler. 4. Plaintiffs Action alleges violations of Fair Debt Collection Practices Action, 15 U.S.C. § 1692, et seq.; and Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. § 2270, et seq. 5. The state court action involves a question of federal law. Pursuant to 28 U.S.C. §1441(b) "any civil action of which the District Court shall have original jurisdiction founded on a claim or right arising under ...the laws of the United States shall be removable." 6. Inasmuch as this case arises, in part, out of an alleged violation of Fair Debt Collection Practices Act, this court may properly remove the state court action based on 28 U.S.C. § 1441(b). 7. Written notice of the filing of this Notice of Removal shall be given to all parties, as required by 28 U.S.C. § 1446(d). 8. This Notice of Removal is timely, being filed within thirty (30) days of the date of service of the Complaint setting forth the claims for relief upon which the action is based. 28 U.S.C. § 1446(b). WHEREFORE, Defendant, Asset Acceptance, LLC, requests that the within action be removed from the Civil Docket of the Court of Common Pleas of Cumberland County, to this Court for further proceedings. Respectfully Submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: July 16, 2008 BY: s/PeM M. Morcom Peggy M. Morcom, Esquire I.D. No.: 92463 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3517 pmmorcom@mdwcg.com Attorneys for Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document(s) has been served upon the following known counsel of record via United States Mail, postage prepaid, this 16th day of July, 2008, as follows: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 Curtis L. Long, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 BY: sl&g& M. Morcom Peggy M. Morcom, Esquire 05/412589.0 Deanna Lynn Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 717-732-3750 Laura Beachler Plaintiff. V. Asset Acceptance. LI,C' Defendant. Ili THE: COURT OF COMMON PLEAS C'UMRFRLAND COUNTY, PENNA. Jury Trial Demanded Civil Action No.: 08-3568 COMPLAINT GENERAL ALLEGATIONS 1. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit L;xtension Uniformity Act. 73 P.S. `2270 et seq. 2. Defendant is a business entity engaged in the business of collecting consumer debts in this Commonwealth with a mailing address P. O. Box 2036, Warren. Ml. 48090-2036. 3. Violating provisions ol'the Fair Debt Collection Practices /pct also violate the Pennsylvania WEU, 73 P.S. 52270.4(a). 4. 5. 6. 7. 8. On or about Januar• 2008, through June 2008. agents of the Defendant contacted Plaintiff' and by telephone. Defendant discussed the alleged debt with Plaintiff's husband. without the consent of the Plaintiff. During the course of the conversations. the agents of'defendant insulted the integrity of Plaintiff's husband. Plaintiff'disputed the alleged dent because she did not owe the alleged debt. At no time did the agents of defendant advise Plaintiff how to dispute the alleged debt, in fact. agents informed Plaintiff she had to pay it anyway. 9. During the course of the conversations. agents ofdetcndant threatened to sue Plaintiff and the sheriff to Plainti 11-s house and/or place of employment. 10. During the course of the conversations. agents ol'delendant threatened to Plaintiffeven after she disputed the alleged debt. 11. Agents of defendant informed Plaintiff that they were charging interest and that every month. the amount of the alleged debt would substantially increase. 12. Plaintiff has no contract or other written agreement to pay interest to any of the named Defendant. 13. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore. unlawfully attempting to collect the alleged debt. 14. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 15. Plaintin'disputed the alleged debt. 16. Plaintiff believed that litigation was imminent. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITV ACT 73 P.S. §2274) et seg. 17. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 18, The FDC. PA 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 ofthe Ioltowing apply: I. 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. tee. 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 lair Debt Collection Practices Act. as alleged in the General Allegations and Count 11. as such. said violated also violate the Pennsylvania FCFI:. 73 P.S. `2270.4(a). 21. That Defendant engaged in unfair methods ofcompetition and unfair or deceptive acts or practices. as defined by FCEU and the regulations, including but not limited to, violations ot37 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 Plaintitl"s rights with the purpose of coercing Plaintiff to pay the alleged debt. 23. As a result of the above violations. Plaintiff is entitled to statuton. actual, treble and punitive damages and attorney's fees and costs. in an amount of not less that 530.000.00. WHEREFORE, plaintill'requests that this I lonorable Court issue judgment on his behalf and against Defendant fora statutory penalty. treble damages. punitive damages, attorney fees and costs pursuant to 7' P, S. §2270.5. COUNT I1- FAIR DEBT COLLECTION PRACTICE ACT 15 U.S.C. § 1692 FT 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. § 1692x(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 telephonn and letter. which arc "communications" relating to a "debt'" as defined by 15 U.S.C. I I692a(2) and 1692a(5). 29. At all pertinent times hereto. the Defendants were hired to collect a debt relating to a consumer transaction. (Hereinafter (lie "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 plaintiffs alleged debt. 31. FDCPA states that a violation of state iaw is a violation of the FDCPA. 15 U.S.C. §1692n. Defendant violated Pennsylvania law states.] 8 l.'a.C.S. §7311 , as stated herein. 32. The FDCl'A 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. 33. The Defendants violated 15 U.S.C. § 1692c(b) by contacting a third party,. without the Plain(ift's 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(I I) 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 communication and in subsequent communications. 36. Defendants violated 15 U.S.C. § 16928. 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 conswner 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 Gaud." 39. Defendants violated 15 U.S.C. § 1692f. by threatening and/or filing suit without proper legal authority in Pennsylvania. 40. Defendants violated 15 U.S.C. § I692d(2) by using profane and abusive language towards the consumer. 41. Defendants violated 15 U.S.C. `1692d(5) by causing the phone to ring and engaging the consumer in repeated conversations. 42. Defendants violated 15 U.S.C. §1692b(2) by communicating, with third parties regarding the alleged debt. withoul the consent of the consumer. 43. 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. 44. 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. 45. 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. § 16920 Defendant violated this section of the FDCPA. 46. 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. `16924. Defendant violated this section of the FDCPA. 47. 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. 51692c(b). Defendant violated this section of the FDCPA. 48. The Defendant violated 15 U.S,C. § 1692c(b) by contacting a third party. without the Plaintiff's prior consent. 49. The Defendant violated 15 I.:.S.C. C 1692e(2)(A). (5) and (10) by misrepresenting the imminence of legal status of the alleged debt. 50. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendant cease communication with the Plaintiff. 51. The Defendant violated 15 U.S.C. § 1692g. by flailing to give the required notices to the Plaintiff in the initial communication which was made by telephone. 52. At all times pertinent hereto, the initial communication was made by telephone. 5a. At all times pertinent hereto. the Plaintiff %as unable to dispute the alleged debt. 54. The FDCPA provides certain rights to the consumer regarding his/her right to dispute the alleged debt. 15 U.S.C. § i 692g. Defendant violated this section of the FDC I'A. 55. The FDCPA states. it is unlawful to add interest. charges. fives 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 (13). Defendant violated this section of the FFDCPA. 56. 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. 57. 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 ol'the Plaintiff herein. 58. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 59. Defendant's threat of'litigation was false because Defendant does not routinely file suit against consumer debtors. in violation of 151 Q.S.C. 31692e(5) and (10). 60. Defendant's letters were intentionally confusing and deceptive. in violation of 15 U.S.C. 1692e(5) and (10), j 1692f(8) and §1692J. 61. Plaintiff was confused. deceived and believed that litigation was imminent if settlement was not made. 62. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 63. Defendant. in its collection ellorls, violated the hDCI'A. inters atia. Sections 1692. h. c, d, e, C. g. h, and/or n. 64. Defendant, in its collection efforts. used false or deceptive acts and intended to oppress and harass plaintiff. 65. 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 Plaintiffs 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 I'laintilYgeneral 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. Award Plaintiffcosts of this litigation. including a reasonable attorney`s fee at a rate of $350.00 per hour. for hours reasonably expended by Plaintiff's attorney in vindicating Plaintif -s rights under the FDCPA, permitted by 15 U.S.C. 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. Respectful) submitted. Dated: 6/23/08 By: If e Lvnn Saracco Deanna Lynn Saracco. Attorney for PtaintifT 76 Greenntont Drive. Enota. PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw q aol.com Civil and Miscellaneous Initial Pleadings 3:02-at-06000 Plaintiff v. Defendant United States District Court Middle District of Pennsylvania Notice of Electronic Filing The following transaction was entered by Morcom, Peggy on 7/16/2008 at 3:07 PM EDT and filed on 7/16/2008 Case Name: Plaintiff v. Defendant Case Number: 3:02-at-6000 Filer: Document Number: 706 Docket Text: Notice of Removal Case Title: Laura Beachler v. Asset Acceptance, LLC; Court Name: Cumberland County Court of Common Pleas. Action happened in Cumberland County. Filing fee $ 350, receipt number 03140000000001338460.. (Attachments: # (1) Exhibit(s) Ex. "A")(Morcom, Peggy) 3:02-at-6000 Notice has been electronically mailed to: 3:02-at-6000 Filer will deliver notice by other means to:: The following document(s) are associated with this transaction: Document description: Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=7/16/2008] [FileNumber=2043922-0 ][04ac99337ebb3c790143145fdfeae019f754398aa311f794belf692el5d30edbc6d bbl03cl9d5bbl4fbb8lO77d87033827163a2l8la687466cf9280aea3401bl]] Document description: Exhibit(s) Ex. "A" Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=7/16/2008] [FileNumber=2043922-1 ][8105158722d83389c965df99ca04f88c9838fa2ab89fcb717a20979a33b67629a66 7799396fce4964eeOa5e7fdc9e9682ba43f385235af78037dlf517de15fa3]] ?JS-44 (RIv 12/07) CIVIL COVER SHEET T'hcVJS 44 cil cover sheet and the information contained herein neither replace nor supplement the riling and service of pleadings or other papers as required by law, except as provided by local rules ofcouri. Ibis form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court Im the purpose of initiating the civil docket sheet. (SEE. INSTRUCTIONS ON T HE REVERSE OF THE FORM.) 1,(a) PLAINTIFFS Laura Beachler (b) County of Residence of First Listed Plaintiff Cumberland (EXCEPT M U.S. PLAINTIFF CASES) DEFENDANTS Asset Acceptance, LLC County of Residence of First Listed Defendant Warren, Michigan (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND C'ONDEMNA'TION CASES, USE THE LOCATION OF THE LAND INVOLVED, (e) Attorneys (Firm Name, Address, and'felephone Number) Deanna Lynn Saracco, Esquire 76 Greenmont Drive, Enola, PA 17025 Attorneys (if Known) Peggy M. Morcom, Esquire; Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Harrisburg, PA 171 12 11. BASIS OF JURISDICTION (Place an "X" in One Box Only) O I. U.S. Government ? 3. Federal Question Plaintiff (U.S. Government Not a Party) ? 2. U.S. Government ? 4. Diversity Defendant (Indicates Citizenship of Parties in Item 111) IV. NATURE OF SUIT (Place an "X- in One Box Only) ? 110 Insurance 0 120 Marine ? 130 Miller Act O 140 Negotiable Instrument 0 150 Recovery of Overpayment & Enforcement of Judgment O 151 Medicare Act O 152 Recovery of Defaulted Student Loans (Excl. Veterans) ? 153 Recovery of Overpayment of Veteran's Benefits. O 160 Stockholder's Suits O 190 Other Contract ? 195 Contract Product Liability ? 195 Franchise O 220 Foreclosure O 230 Rent, Lease & Ejectment O 240 Torts to Land O 245 Tort Product Liability O 290 All Other Real Property PERSONAL INJURY 0 310 Airplane 0 315 Airplane Product Liability 0 320 Assault, Libel & Slander ? 330 Federal Employers' Liability ? 340 Marine 0 345 Marine Product Liability ? 350 Motor Vehicle ? 355 Motor Vehicle Product Liability 0 360 Other Personal Injury ? 441 Voting O 442 Employment 0 443 Housing/ Accommodations 0 444 Welfare ? 445 Amer.. w/Disabilipes - Employment ? 446 Amer. w/Disabilities- Other 0 440 Other Civil Rights III. CITIZENSHIP OF PRINCIPAL PARTIES (Place An "X" in One Box for Plaintiff and (For Diversity Cases Only) One Box for Defendant) PTF DEF PTF DEF Citizen of This State 0 1 0 l Incorporated or Principal Place ? 4 ? 4 of Business in This State Citizen of Another 02 02 Incorporated and Principal 05 ? 5 State Place of Business in Another State 03 03 Citizen of Subject of a Foreign Nation 06 ?6 PERSONAL INJURY 0 362 Personal Injury - Med Malpractice ? 365 Personal Injury - Product Liability ? 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ? 370 Other Fraud 0 371 Truth in Lending 0 380 Other Personal Property Damage 0 385 Property Damage Product Liability ? 510 Motions to Vacate Sentence Habeas Corpus: ? 530 General O 535 Death Penalty O 540 Mandamus & Other ? 550 Civil Rights ? 555 Prison Condition 0 610 Agriculture ? 620 Other Food & Drug 0 625 Drug Related Seizure of Property 21 USC 881 0 630 Liquor Laws ? 640 R.R & Truck ? 650 Airline Regs ? 660 Occupational Safety/Health ? 690 Other ? 710 Fair Labor Standards Act ? 720 Labor(Mgmt. Relations 0 730 Labor/MgmL Reporting & Disclosure Act 0 740 Railway Labor Act 0 '90 Other Labor Litigation ? ")1 Empl. Ret. Inc. Security Act Apptioation ? 46:I Habeas Corpus - Alien Detain ee ? 46' Other Immigration Actio, i 0 422 Appeal 28 USC 158 O 423 Withdrawal 28 USC 157 0 830 Patent 0 840 Trademark 0 861 HIA (1395ff) ? 862 Black Lung (923) 0 863 DFWCJDMV (405(8)) ? 864 SSID Title XVI 0 870 Taxes(U.S. . PlaintifforDefendant) ? 871 IRS - Third Party 26 USC 7609 ? 400 State Reapportionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce 0 460 Deportation 0 470 Racketeer Influenced and Corrupt Organizations 0 480 Consumer Credit 0 490 Cable/Sat TV 0 810 Selective Service ? 850 Securities/Commodities/ Exchange 0 875 Customer Challenge 12 USC 3410 0 890 Other Statutory Actions 0 891 Agricultural Acts 0 892 Economic Stabilization Act ? 893 Environmental Matters 0 894 Energy Allocation Act ? 895 Freedom of Information Act ? 900 Appeal of Fee Deiermuretion Under Equal Access to Justice 0 950 Constitutionality of State Statutes V. ORIGIN (Place an "X" in One Box Only) Appeal to District 01 Original 02 Removed from ? 3 R aaanded from ? 4 Reinstated or ? 5 Transferred ? 6 Multidistrict ? 7 Judge from Proceeding State Court A tpellate Court Reopenec from Litigation Magistrate another district Judgment Cite the U.S. Civil Statui o under which you are filing (Do nut cite jurisdictional statutes unless diversity): VI. CAUSE OF ACTION FDCPA Brief description of caul e: Allegations of violation: of FDCPA and PA Fair Credit Extension and Uniformity Act VII. REQUESTED IN O CHECK IF THIS IS A CLASS ACTION DEMAND $ $11,000 CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: ® Yes ? No Villf. RELATED CASE(S) IF ANY (See instructions) JUDGE DOCKET NUMBER DATE SIGNATCiRE ATTO E`. OF RFZQRP, .s -If 7/16/08 FOR OFFICE USE ONLY RECEIPT N AMOUNT APPLYING JUDGE MAG. JUDGE IFP JS 44 Revem-lRev. 12/07) f INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: 1. (a) Plaintiffs - Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney or record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Ill. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) 1111. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. JuryDemand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases, Date and Attorney Signature. Date and sign the civil cover sheet. Civil and Miscellaneous Initial Pleadings 3:02-at-06000 Plaintiff v. Defendant United States District Court Middle District of Pennsylvania Notice of Electronic Filing The following transaction was entered by Morcom, Peggy on 7/16/2008 at 3:08 PM EDT and filed on 7/16/2008 Case Name: Plaintiff v. Defendant Case Number: 3:02-at-6000 Filer: Document Number: 707 Docket Text: Civil Cover Sheet.(Morcom, Peggy) 3:02-at-6000 Notice has been electronically mailed to: 3:02-at-6000 Filer will deliver notice by other means to:: The following document(s) are associated with this transaction: Document description: Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ D=1027698419 [Date=7/16/2008] [FileNumber=2043928-0 ][945736365a25ff46aacfb214fb90d105015bb4c4d5084fa024c4235ebda700d9ff5 3975185d80al l c59ddbbcd32416025c3ad9ffe7l bf77fef3c4065032f12e7]] ? ?i C"?' ca t....,e , :? ..?" t ' 1 , ??? ? ? y I G'