The URL can be used to link to this page

Home My WebLink About08-5977No. o?-? -) 7 cam„' 4c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Christopher Rhoads Dogwood Lane Enola, PA 17025 Plaintiff(s) & Addresses Tribute Mastercard P. O. Box 105341 Atlanta, GA 30348-5341 and Simm Associates, Inc. 800 Pencader Drive Newark, DE 19702 and MCM a/k/a Midland Credit Mgt., Inc. Department 12421, P. O. Box 1259 Oaks, PA 19456 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 Signature of Attorney Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com Dated: _10/2/08 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAI TIFF(S) HAS/ VE COMMENCED AN ACTION AGAINST YOU. othonotary Dated: ?? - 4 If °E06 ?- By: Deputy C? A-A g "S 1 ^n d ?a c? ar?} i CrIN 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Christopher Rhoads, Plaintiff, Civil Action No.: 08-5977 V. Tribute Mastercard, and Simm Associates, Inc., and MCM a/k/a Midland Credit Mgt., Inc. 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 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 an persona o por abogado y archivar en la corte en forma excrita sus defensas o sus objectiones a las demande, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinerc o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. ST 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Christopher Rhoads, Plaintiff, Civil Action No.: 08-5977 V. Tribute Mastercard, and Simm Associates, Inc., and MCM a/k/a Midland Credit Mgt., Inc. Defendants. 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 Commonwealth with a mailing address of P. O. Box 105341, Atlanta, GA, 30348-5341. 3. Defendant is a business entity engaged in the business of collecting consumer debts in Commonwealth with a mailing address of 800 Pencader Drive, Newark, DE 19702. 4. Defendant is a business entity engaged in the business of collecting consumer debts in Commonwealth with a mailing address of 4310 E. Broadway, Phoenix, AZ 85040, and 8875 Aero Drive, Suite 200, San Diego, CA, 92123, as well as an address in India. 5. Hereinafter, the Defendants shall collectively be referred to as "Defendant," since they are joint and severally liable and respondent superior as well as principal/agent theories apply to this Action. 6. Plaintiff is a consumer and a resident of Central Pennsylvania. 7. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 F.S. §2270.4(a). 8. On or about January through September 2008, agents of the Defendant contacted Plaintiff and by telephone. 9. Defendant contacted Plaintiff at his place of employment, even though Plaintiff advised the Defendant that he could not receive calls at work. 10. The defendant(s) threatened to file suit against the Plaintiff or in the alternative, Plaintiff could accept a "credit card" in order to pay off his alleged debt. 11. Plaintiff did not understand the terms of accepting a credit card to pay off a debt. 12. Plaintiff did not understand the relationship between the various defendants and believed that they were all the same entity, attempting to bully him into accepting another credit card with high interest rates and unconscionable credit terms. 13. Defendant stated that they were charging interest and that every month, the amount of the alleged debt would substantially increase. 14. During the course of the telephone conversations, the defendant(s) were rude, belligerent and insulting to the Plaintiff. 15. Plaintiff has no contract or other written agreement to pay interest to any of the named Defendant. 16. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 17. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 18. The defendant offered Plaintiff a settlement prior to filing a lawsuit. 19. Plaintiff believes and therefore avers that making a settlement offer is a prelude to litigation and as such, Plaintiff believed that litigation was imminent. 20. Defendant rarely, if ever, files suit against consumer debtors as such, any inference of litigation is a violation of the FDCPA. 21. Plaintiff disputes the alleged debt and hereby requests proof of the manner in which the alleged debt was calculated, as is required by state and federal law. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT Plaintiff hereby incorporates the foregoing as if fully stated herein. 2. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 3. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 4. 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). 5. Defendant's 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. 6. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintiff's behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. COUNT II - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 22. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 23. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et seq. 24. That defendants engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 25. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintiff's behalf and against defendants for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. §201-902. COUNT III - FAIR DEBT COLLECTION PRACTICES ACT 7. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 8. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA"), particularly 15 U.S.C. § 1692k(d) and 28 U.S.C. §1337. 9. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 10. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. §1692n. 11. Plaintiff believes and therefore avers that defendant does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa.C.S. §7311(a)(1) and (2). 12. Plaintiff believes and therefore avers that defendant does not have proper assignments and/or documentation permitting said defendants to charge interest, fees and/or costs. 18 Pa.C.S. §73112(b)(1). 13. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. § 1692n. Defendant violated this section of the FDCPA. 14. Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law. 15. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.C. §1692f(1) and 1692e(2)A and B. 16. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 17. 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. 18. The Defendants violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 19. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 20. The Defendants violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendants cease communication with the Plaintiff. 21. 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. 22. 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. 23. Defendants violated 15 U.S.C. § 1692g by demanding payment without providing the proper consumer warnings, thus, defendants overshadowed the FDCPA. 24. 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." 25. Defendants violated 15 U.S.C. § 1692e(15) by using a name other than the true name of the debt collectors business. 26. Defendants violated 15 U.S.C. § 1692f, by attempting to collect a time barred debt. 27. Defendants violated 15 U.S.C. § 1692f, by threatening and/or filing suit without proper legal authority in Pennsylvania. 28. Defendants violated 15 U.S.C. § 1692d(2) by using profane and abusive language towards the consumer. 29. Defendants violated 15 U.S.C. § 1692d(5) by causing the phone to ring and engaging the consumer in repeated conversations. 30. Defendants violated 15 U.S.C. § 1692d(6) by making telephone calls without disclosing his/her identity. 31. Defendants violated 15 U.S.C. § 1692c(a)(3) by communicating with the consumer at his/her place of employment, despite being told that such phone calls were prohibited. 32. Defendants violated 15 U.S.C. § 1692b(2) by communicating with third parties regarding the alleged debt, without the consent of the consumer. 33. 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. 34. 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. 35. 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. 36. The FDCPA provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. § 1692g. Defendant violated this section of the FDCPA. 37. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Bently v. Great Lakes Collection Bureau, 6 F.3d 62 (2d Cir. 1998). See also, 15 U.S.C. § 1692e(5), 15 U.S.C. § 1692e(10). 38. At all time pertinent hereto, the defendant was acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the defendants herein. 39. 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. 40. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 41. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 42. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 43. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff 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 defendants have violated the FDCPA. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $350.00/hour for hours reasonably expended Plaintiff's attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. § 1692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. statutory, actual, treble and punitive damages and atto y's fees and costs. Dated: 1/26/09 By: /s/Deanna L Deanna Lynn Saracco, A for Plaintiff 76 Greenmont Drive, Enola, PA 7025 Telephone 717-732-3750, Fax 71 -728-9498 Email: SaraccoLaw@aol.com been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff 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 defendants have violated the FDCPA. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $350.00/hour for hours reasonably expended Plaintiff's attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. § 1692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. statutory, actual, treble and punitive damages and attorney's fees and costs. Dated: 1/26/09 By: /s/Deanna 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 C') rv rrj IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Christopher Rhoads, Plaintiff, V. Civil Action No.: 08-5977 Tribute Mastercard, and Simm Associates, Inc., and MCM a/k/a Midland Credit Mgt., Inc. Defendants. Praecipe to Discontinue/Withdraw With Prejudice AND NOW, comes, Plaintiff, by and through his counsel, and files this Praecipe to Discontinue/Withdraw the above captioned case(s) with prejudice, pursuant to P.R.C.P. 229(a), as the parties have amicable resolved their dispute. This case may be discontinued and the docket may be marked CLOSED. Dated: 5/22/09 By: /s/ Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Dr., Enola, PA 17025 Telephone 717-732-3750 Email: SaraccoLaw@aol.com Certificate of Service: I hereby certify that a true and correct copy of the forgoing was served on attorney for defendant via U.S. First Class mail as follows: Andrew M. Schwartz Marshall Dennehey 1845 Walnut Street Philadelphia, PA 19103-4797 Dated: 5/22/09 By: Deanna Lynn Saracco FiLFD--' ?=rCE OF THE 1- -,6 r r1 OTt Y 2009 MAY 27 Pill 2: 2 i