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HomeMy WebLinkAbout08-356935-6 9 c-', I -te- ri,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Karen L. Adams Palisades Collection LLC W. Marble Street 210 Sylvan Street Mechanicsburg, PA17055 Englewood, NJ 07632 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 -kil 40??? Signature of Attorney Dated: 6/11/08 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAME4PL NTIFF(S)S/HAVE COMMENCED AN ACTION AGAINST YOU. t Dated: 54i4 / SD 8" By: Deputy ? w ? w op lz? -1' V ") ,lb A n 0 c5 PO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Karen L. Adams, Plaintiff, Civil Action No.: 08-3569 V. Palisades Collection LLC Defendant. Jury Trial Demanded 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 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 torte tomara medidas y puede entrar una Orden contra usted s__n previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propedades 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 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 Karen L. Adams, Plaintiff, V. Palisades Collection LLC Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Jury Trial Demanded Civil Action No.: 08-3569 COMPLAINT GENERAL ALLEGATIONS Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension 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 210 Sylvan Street, Englewood, NJ, 07632. 3. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 4. On or about March 2008, through June 2008, agents of the Defendant contacted Plaintiff and by telephone. 5. Plaintiff contacted the Defendant in order to obtain verification of the alleged debt so that she could have the alleged debt removed from her credit report. 6. The alleged debt is more than 4 years old and more than 7 years old and was part of a bankruptcy filing when Plaintiff lived in another state. 7. Defendant failed to verify the alleged debt or mark the debt disputed. 8. Defendant's agents continued to call Plaintiff, despite knowing that the alleged debt was in dispute, not verified and that Plaintiff requested the alleged debt be removed from her credit report. 9. During the course of the conversations, the agents of defendant insulted Plaintiff's integrity. 10. Plaintiff disputed the alleged debt because she did not owe the alleged debt and/or it was more than 4 years old. 11. 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. 12. Agents of defendant informed Plaintiff that they were charging interest and that every month, the amount of the alleged debt would substantially increase. 13. Plaintiff has no contract or other written agreement to pay interest to any of the named Defendant. 14. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 15. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 16. Plaintiff disputed the alleged debt. 17. Plaintiff believed that litigation was imminent. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. §2270 et seg. 18. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 19. 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 pennitted by law." 20. Plaintiff believes and therefore avers that Defendant violated this provision of Pennsylvania law. 21. 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). 22. 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). 23. 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. 24. 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. 25. 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. 26. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 27. Plaintiff is an individual and consumer pursuant to t5 U.S.C. §1692a(6). 28. Defendants are debt collectors as defined by 15 U.S.C. 11692a(3). 29. 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). 30. At all pertinent times hereto, the Defendants were hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 31. 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. 32. 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. 33. 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. 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. § 1692f, by threatening and/or filing suit without proper legal authority in Pennsylvania. 39. Defendants violated 15 U.S.C. § 1692d(2) by using profane and abusive language towards the consumer. 40. Defendants violated 15 U.S.C. §1692d(5) by causing the phone to ring and engaging the consumer in repeated conversations. 41. 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. 42. 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. 43. 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. 44. 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. 45. The Defendant violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 46. The Defendant violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal status of the alleged debt. 47. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendant cease communication with the Plaintiff. 48. 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. 49. At all times pertinent hereto, the initial communication was made by telephone. 50. At all times pertinent hereto, the Plaintiff was unable to dispute the alleged debt. 51. 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. 52. 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. 53. 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. 54. 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. 55. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 56. 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). 57. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. § 1692e(5) and (10), § 1692f(8) and § 1692j. 58. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 59. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 60. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 61. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 62. 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. ©) 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/Dean y 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 1~ ` r-7 G_J ?s..a.. ?M: ""e... '"f' ?? 4 - ? ?? ? {? ? - - ...r.. i"'? .r ? 1. _? _ Y •+ '. ? ?-a, ? ,. . ` G,J.. ?? Jonathan J. Greystone, Esquire ID #50223 Spector Gadon & Rosen Seven Penn Center 1635 Market Street, 7th Floor Philadelphia, PA 19103 (215) 241-8927 Attorneys for Defendant, Palisades Collection, LLC KAREN L. ADAMS Plaintiff, V. JURY TRIAL DEMANDED PALISADES COLLECTION, LLC COURT OF COMMON PLEAS, CUMBERLAND COUNTY CIVIL ACTION NO. 08-3569 Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my Appearance on behalf of the Defendant, Palisades Collection, LLC, in connection with the above-captioned matter. Respectfully submitted, SPECTOR GAAON & ROSEN, PC Dated: August 21, 2008 By: Jonath reystone, Esquire 1635 ket Street, 7th Floor Philadelphia, PA 19103 215.241.8927/215.241.8844 (fax) 542445-1 Jonathan J. Greystone, Esquire ID # 50223 Spector Gadon & Rosen Seven Penn Center 1635 Market Street, 7`h Floor Philadelphia, PA 19103 (215) 241-8927 Attorneys for Defendant, Palisades Collection, LLC KAREN L. ADAMS Plaintiff, V. PALISADES COLLECTION, LLC. Defendant. COURT OF COMMON PLEAS, CUMBERLAND COUNTY JURY TRIAL DEMANDED CIVIL ACTION NO. 08-3569 JURY DEMAND TO THE PROTHONOTARY: Defendant, Palisades Collection, LLC, demands a jury trial consisting of twelve (12) members in the above-captioned matter. Dated: August 21, 2008 By: Respectfully submitted, SPECTOR GADON & ROSEN, PC Jonat an JA'jreystone, Esquire 163 Market Street, 7`h Floor Phi delphia, PA 19103 215.241.8927/215.241.8844 (fax) 542445-1 CERTIFICATE OF SERVICE I hereby certify that on this date I served the foregoing Entry of Appearance and Jury Demand on all parties by causing true and correct copies thereof to be sent via U.S. Regular Mail, addressed to the following: Deanna Lynn Saracco Esquire 76 Greenmont Drive Enola, PA 17025 SPECTOR GADON & ROSEN, P.C. Dated: _August 21, 2008 By; JG •eystone, Esquire 542445-1 ra c CIO N C1 I-Ij t? -s. 1 3 c . .f.. c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Karen L. Adams, Plaintiff, Civil Action No.: 08-3569 V. Jury Trial Demanded Palisades Collection LLC Defendant. 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, Dated: It/l/08 Deanna Lynn Saracco, Attorney for Plaintiff 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: Jonathan Greystone Spector Gadon & Rosen P.C. 1635 Market Street, 7t' Floor Philadelphia, PA 19103 Dated: l l / 1 /08 k,4 Deanna Lynn Saracco t...,,} rr„? ?:' _ c: c;:. , ?J „ ? .... .. .. f"P _ :;:?.3 _? '• ? %7 . -. __! _ ;_?