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Home My WebLink About08-5980ffo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Christopher Rhoads Dogwood Lane Enola, PA 17025 Asset Acceptance LLC P. O. Box 2036 Warren, MI 48090-2036 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 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 PLAIN JIFF(S) HAS/H E COMMENCED AN ACTION AGAINST YOU. Pr onotary Dated: b , I e " By: Deputy ? rv a ? Cir`t! r ol L T (? r- u r CIA F n n a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Christopher Rhoads, Civil Action No. 08-5980 Plaintiff, V. JURY TRIAL DEMANDED Asset Acceptance, Inc. 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 excrita o en persona o por abogado y archivar en la Corte en forma excrita sus defensas o sus object-'.ones a las demande, la Corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition 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 ABOGAD00 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Christopher Rhoads, Civil Action No. 08-5980 Plaintiff, V. JURY TRIAL DEMANDED Asset Acceptance, Inc. Defendant. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.C. §I692a(3). 2. Defendant Asset Acceptance LLC, is a debt collector, engaged in the business of collecting consumer debts in this Commonwealth with its principal place of business located at P. 0. Box 2036, Warren, MI 48090-2036. 3. During the past year, the Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 4. Defendants are debt collectors as defined by the state law and the FDCPA. 15 U.S.C. I I692a(6). 5. Defendants sent letters and/or made telephone calls to Plaintiff as stated herein, which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2). 6. At all pertinent times hereto, the defendants were collecting an alleged debt relating to a consumer transaction, pursuant to 15 U.S.C. § 1692a(5). (Hereinafter the "alleged debt.") 7. Defendants 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. 8. 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. 9. Defendants contacted Plaintiff by telephone and letter demanding payment of an alleged debt. 10. During the course of the telephone calls, Plaintiff disputed the alleged debt and requested proof as to how the debt was calculated. 11. Plaintiff continued to receive letters from the Defendant, however, the letters were offers of settlement rather than proof of the alleged debt. 12. Plaintiff requested that the Defendant cease and desist calls however, the Defendant would repeatedly call the Plaintiff, even after the verbal request to cease and desist was made. 13. During the course of the conversations, agents of the Defendants argued with Plaintiff when he calmly tried to dispute the debt and discuss how the amount of a disputed debt, could triple in the course of a year. 14. At all times pertinent hereto, the Plaintiff disputed the alleged debt and requested that the defendants provide information. 15. At all times pertinent hereto, the Defendants advised Plaintiff that they could take legal action against him. 16. At no time did the agents inform Plaintiff as to how to dispute the alleged debt in writing. 17. The alleged debt is in dispute and as such, litigation cannot commence. 18. Plaintiff believe and therefore avers that defendants' letters contain false, misleading and deceptive language. 19. Consumers are hurt by these tactics. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 20. Plaintiff hereby incorporates the foregoing as if fully stated herein. 21. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 22. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 23. That Defendants 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), 30-3 ).3(14). 3103.3 )(18), 303.6 and 73 P.S. §201-2(4). 24. Defendants' 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. 25. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. 0 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. 2207.5. COUNT II - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 26. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 27. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et seq. 28. That Defendants failed to have proper assignment of the alleged debt, in violation of 18 Pa.C.S. §731 la (1) through (3), as such, violated this Act and the FDCPA. 29. That Defendants engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 30. 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 31. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 32. 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. § l 692k(d) and 28 U.S.C. §1337. 33. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 34. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. § 1692n. 35. 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). 36. 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). ?' 37. 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. 38. Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law. 39. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDC PA, 15 U.S.C. §1692f(1) and 1692e(2)A and B. 40. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 41. 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. 42. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 43. The Defendants violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendants cease communication with the Plaintiff. 44. Defendants violated 15 U.S.C. § 1692f, by threatening and/or filing suit without proper legal authority in Pennsylvania. 45. Defendants violated 15 U.S.C. §1692d(2) by using profane and abusive language towards the consumer. 46. Defendants violated 15 U.S.C. § 1692d(5) by causing the phone to ring and engaging the consumer in repeated conversations. 47. Defendants violated 15 U.S.C. § 1692d(6) by making telephone calls without disclosing his/her identity. 48. The FDCPA states, a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. 15 U.S.C. § 1692d. Defendant violated this section of the FDCPA. 49. Defendants violated 15 U.S.C. § 1692e(5) and (10) by threatening action that they never intended to take or that could not be taken. 50. 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. 51. 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. 52. 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. 53. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 54. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 55. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 56. 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 $450.00/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 1 r equity may provide. Dated: l 2/21 /07 By: n Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Email: SaraccoLaw@aol.com c- ,rs :77 k