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Home My WebLink About08-3571ADO' O p,,3T7i clip ILrM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA William Chenoweth, South 281h Street Camp Hill, PA 17011 Graham Noble & Associates, LLC, and Omar L. Smith, a debt collector 60 Weston Avenue Buffalo, NY 14215 Plaintiff(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. f Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Defendant(s) & Addresses Sig Aaturef Attorney Dated: 6/11/08 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) S/HAVE COMMENCED AN ACTION AGAINST YOU. rothono Dated: By: Deputy qAr 1 6' W ? A P A n d () C N `t cla Fr 7 r W . 0 ? Z , b ? -1 1 c ll IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA William Chenoweth, Plaintiff, V. Graham Noble & Assoc., LLC, and Omar L. Smith, individual debt collector, Defendants. Civil Action No.: 08-3571 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 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 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 orders 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 UN ABOGADO IMMEDIATAMENTE. ST NO TIENE ABOGADOO ST NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ?SISTENCIA LEGAL. Deanna Lynn Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 717-732-3750 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA William Chenoweth, Plaintiff, Civil Action No.: 08-3571 V. Graham Noble & Assoc., LLC, and Omar L. Smith, individual debt collector, Defendants. Jury Trial Demanded COMPLAINT GENERAL ALLEGATIONS 1. 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 60 Weston Avenue, Buffalo, NY, 14215. 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 January 2008, through June 2008, agents of the Defendant contacted Plaintiff and by telephone. 5. Plaintiff informed the Defendant that he disputed the alleged debt. 6. Agents of defendant advised Plaintiff to that they were a law firm and that they were going to sue him immediately. 7. Agents of defendant advised Plaintiff that the sheriff would be showing up at his home/place of employment in the next 10 days. 8. Agents of defendant advised Plaintiff that he had to pay the alleged debt, even though it was disputed. 9. Defendant refused to provide verification of the alleged debt, despite Plaintiff's request. 10. Defendant failed to verify the alleged debt or mark the debt disputed. 11. Defendant's agents continued to call Plaintiff, despite knowing that the alleged debt was in dispute. 12. During the course of the conversations, the agents of defendant insulted Plaintiff's integrity and advised Plaintiff that he was, " in trouble with the law," and "committed fraud." 13. At no time did the agents of defendant advise Plaintiff how to dispute the alleged debt, in fact, agents informed Plaintiff he had to pay it anyway. 14. Plaintiff has no contract or other written agreement to pay interest or any other amount to the named Defendant. 15. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 16. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 17. Plaintiff disputed the alleged debt. 18. Plaintiff believed that litigation was imminent. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. §2270 et seg. 19. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 20. 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." 21. Plaintiff believes and therefore avers that Defendant violated this provision of Pennsylvania law. 22. 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). 23. 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 §§30').")(3),303.-')(14),30'3.')(18), 303.6 and 73 P.S. §201-2(4). 24. 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. 25. 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. 26. 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. 27. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 28. Plaintiff is an individual and consumer pursuant to 15 U.S.C. §1692a(6). 29. Defendants are debt collectors as defined by 15 U.S.C. 11692a(3). 30. 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). 31. At all pertinent times hereto, the Defendants were hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 32. 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. 33. FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. §1692n. Defendant violated Pennsylvania law states,l8 Pa.C.S. §7311, as stated herein. 34. 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. 35. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 36. 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. 37. 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. 38. Defendants violated 15 U.S.C. § 1692g by demanding payment without providing the proper consumer warnings, thus, defendants overshadowed the FDCPA. 39. Defendants violated 15 U.S.C. §1692d(2) by using harassing 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 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. 43. The Defendant violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the legal status of the alleged debt. 44. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendant cease communication with the Plaintiff. 45. 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. 46. At all times pertinent hereto, the initial communication was made by telephone. 47. At all times pertinent hereto, the Plaintiff was unable to dispute the alleged debt. 48. 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. 49. 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. 50. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 51. 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). 52. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. § 1692e(5) and (10), § 1692f(8) and § 1692j. 53. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 54. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 55. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 56. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 57. 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. (0) 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 ubmitted, Dated: 6/23/08 By: /s/D Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 717-732-3750 Fax 717-728-9498, Email: SaraccoLaw@aoLcom r-.? C:?Y ?.-? _-1 ... ..u., .._.,. r v._? C..: '. -t?1 ° k., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA William Chenoweth, Plaintiff, Civil Action No.: 08-3571 V. Jury Trial Demanded Graham Noble & Assoc., LLC, and Omar L. Smith, individual debt collector, Defendants. IMPORTANT NOTICE TO: Mr. Omar L. Smith Graham Noble & Assoc. 60 Weston Avenue Buffalo, NY 14215 DATE OF NOTICE: SEPTEMBER 12, 2008 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 (IQ) 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 2 Liberty Avenue Carlisle, PA 717-249-3166 800-990-9108 Deanna Lynn Saracco 76 Greenmont Drive Enola, PA 17025 (717) 732-3750 Attorney for Plaintiff rR Q s- C t'" "? _f-lfr?F cz? z ""C Deanna Lynn Saracco, attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 William Chenoweth, Plaintiff, : V. Graham Noble & Assoc., LLC, and Omar L. Smith, individual debt collector, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Civil Action No.: 08-3571 Jury Trial Demanded RETURN OF SERVICE Attached is the Return of Service for the Complaint, in the above captioned matter. Please note that the Defendants were served by Sheriff on August 11, 2008, by the Deputy Sheriff of Erie County, Buffalo, New York. Dated: 10/27/2008 By /s/Deanna` vim a Deanna Lynn Saracco, attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 717-732-3750 r r TINIOT B.IIOwARD SHERIFF RICHARD DONOVAN UNDL•RSHERIFF TO: Deanna Lynn Saracco 76 Greenmont Drive Enola, Pennsylvania DATE: 8/11/2008 SUBJECT: INVOICE FOR SHERIFF'S CHARGES AND FEES DUE WILLIAM CHENOWETH PLd^,7iFF -VS- OMAR L. SMITH DEFENDANT ERIE COUNTY SHERIFF'S OFFICE, CIVIL DIVISION CHIEF PATRICK G. FLYNN 134 West Eaglc -41h Floor Buffalo. Vew York 14202 (716) 858-7606 PAX (716) 859-7680 WEBS ITE: Irttp::.uu?r.erie.govishcrilT SHERIFF'S DOCKET: # 351994 TYPE OF PROCESS: Writ Of Summons Et Al Service of the above referenced process will require additional fees for the following reason: On 7-21-08 No Answer At His Home, Left My card For Him To call Me. On 7-25-08 Again No Answer. On 7-28-08 No Answer On Third Attempt, Left Yet Another Card For Him To Call Me. On 8-11-08 Personal Service Was Made @ 6:55 A.M. Fourth Attempt.. OVERTIME CHARGE: $ SERVICE CHARGE: $ MILEAGE CHARGE: 530.00 OTHER CHARGES: $ ( ) Please remit a check in the amount of $30.00 payable to the "SHERIFF OF ERIE COUNTY" along with a con +?of this invoice to the attention of- Deputy Frank Palermo Civil Process Division 134 West Eagle Street Buffalo, New York 14202 Additional comments: Please see CPLR 8011,8012,8013; County Law 407; POL 67, 70. Should you have any questions, please contact Deputy Frank Palermo at 716-858-7624 Thank you, Frank Palermo, Deputy Sheriff Erie County Sheriff's Office 1 - d asirs-BZL-L IL oooeueg uuR1 euuea0 ese:11 80 1Z 100 _ I C7 tv `i co ., to ini A S. Deanna Lynn Saracco, attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 William Chenoweth, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Graham Noble & Assoc., LLC, and Omar L. Smith, individual debt collector, Defendants. Civil Action No.: 08-3571 Jury Trial Demanded PRAECIPE TO ENTER JUDGMENT AND NOW, comes Plaintiff, by and through his counsel, and respectfully requests that this Honorable Court enter a Default Judgment against the above named Defendants, Omar L. Smith and Graham Noble & Assoc., LLC, in the amount of $35,000.00. Dated: 11/3/08 By: /s/D nn Saracco Deanna Lynn Saracco, attorney for Plaintiff 76 Greenmont Drive Enola, PA 17025 717-732-3750 Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on defendants, via U.S. First Class Mail, proof of mailing received, addressed as follows: Mr. Omar L. Smith Graham Noble & Assoc. 60 Weston Avenue Buffalo, NY 14215 Dated: 11/3/08 By: /s/ e Xn?Lv Saracco co °" . A +06 William Chenoweth, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Graham Noble & Assoc., LLC, and Civil Action No.: 08-3571 Omar L. Smith, individual debt collector, Jury Trial Demanded Defendants. NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 236, you are notified that there was entered in this office today, in the above captioned case: Judgment of $35,000.00, for the Plaintiff and against the Defendants. Order or Decree for: Dated: By: Prothon ?