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Home My WebLink About09-0786-. To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff 09- elgt, 0IViIT?°f Tr1 Defendant PRECIPE TO ISSUE WRIT OF SUMMONS Kindly issue a writ of summons against the following Defendants. Thank you. James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J.P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 Vicki Piontek, Pro Se Plaintiff Date 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw@justice.com 877-737-8617 VICKI PIONTEK 951 Allentown Road Lansdale, PA 19446 Vs. James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J.P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 -1 00 - p 00 - ; : -` ` , I - -m VICKI PIONTEK 951 Allentown Road Lansdale, PA 19446 Vs. James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J.P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff Defendant OR - 18(o WRIT OF SUMMONS To: James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J.P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 C+vI I Term A civil action has been commenced against you by the Plaintiff in the above captioned matter. 0 1/09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VICKI PIONTEK 951 Allentown Road Lansdale, PA 19446 Vs. James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J.P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 Plaintiff Defendant 0'7- 7't'6 PRECIPE TO RE-ISSUE WRIT OF SUMMONS To the Prothonotary: Kindly re-issue a writ of summons against the following Defendants. Thank you. James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J. P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 ??' M?"k -3)a __3 Vicki Piontek, Esquire Date 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw@justice.com 877-737-8617 cd v d Sheriffs Office of Cumberland County R Thomas Kline Q?w cr of tciti"brfi ? Edward L Schorpp Sheri 0 Solicitor C> :A- r Ronny R Anderson Jody S Smith Chief Deputy OFPCE OF THE S-SR)FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/15/2009 09:45 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2009 at 0945 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: James P. Harris by making known unto Kathy Harris, adult in charge, at 101 Rich Valley Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to her personally the said true and correct copy of the same. 04/15/2009 09:45 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2009 at 0945 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: J.P. Harris by making known unto Kathy Harris, adult in charge, at 101 Rich Valley Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $51.20 April 16, 2009 SO ANSWE r r-, ..?-....r.? R THOMAS KLINE, SHERIFF Deputy/Sheriff Docket No. 2009-786 Vicki Piontek v J.P. Harris & James P. Harris 2 019 APR 21 t 8: 29 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VICKI PIONTEK 951 Allentown Road Lansdale, PA 19446 Plaintiff Vs. 09-786 James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J.P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 Defendant NOTICE 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 THE COMPLAINT AND NOTICE ARE 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 YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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 South Bedford Street - Carlisle, PA 17013 - Phone 717-249-3166 Fax: 717-249-2633 Toll Free: 800-990-9108 Mid-Penn Legal Services 401 E. Louther Street, Suite 103 - Carlisle, PA 17013 Phone; 717-243-9400 and 800-822-5288 Fax: 717- 243-8026 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VICKI PIONTEK 951 Allentown Road Lansdale, PA 19446. Plaintiff Vs. 09-786 James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J. P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 Defendant COMPLAINT PARTIES 1. Plaintiff is Vicki Piontek, an adult individual residing in Montgomery County, Pennsylvania. 2. Defendants are the following persons and business entities James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J. P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 3. At all times mentioned herein, Defendants were acting jointly and in concert. 4. At all times mentioned herein, Defendants were jointly and severally liable for the act committed by one another. COUNT ONE: VIOLATION OF PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT, 73 P.S. §201-1, ET. SEQ., AND THE PENNSYLVANIA UNFAIR TRADE AND COMSUMER PROTECTION ACT, 73 P.S. §2270, ET. SEQ. 5. The preceding paragraphs of this complaint are incorporated by reference and made a part thereof. 6. At all times mentioned herein, Defendants were attempting to collect on an alleged consumer debt. 7. Plaintiff is.a consumer as defined by PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT, 73 P.S. §201-1 et. seq. 8. Defendants are bill collectors as defined by PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT, 73 P.S. §201-1 et. seq.. 9. On or about January 28, 2009 Defendants sent a collection letter to Plaintiff attached hereto and marked as Exhibit A. 10. Said letter contained language implying that if Plaintiff did not pay certain alleged local taxes by February 7, 2009, the local government "reserves all rights and remedies available to it, including but not limited to distress and sale of goods as provided by law, 53 PS §6918." 11. Defendants' letter states a demand for payment in full no later than Saturday, February 7, 2009. 12. Defendants' demand for a payment in full no later than February 7, 2009 falsely implied that Plaintiff was under a legal duty to pay by that date or would likely suffer certain adverse actions by the government such as the immediate levy and distraint of personal property without due process of law. 13. Defendant's statements contained gross exaggerations of law, in order to coerce a payment. 14. Defendants' letter went on to say that Plaintiff had a right to dispute the alleged debt within 30 days. 15. Defendants' statements that Plaintiff had a "deadline" of February 7, 2009 and that Plaintiff had the right to dispute the alleged debt within 30 days were contradictory, misleading ad confusing. 16. In determining if Defendants' statements were false, misleading or confusing, the Court is required to employ "the least sophisticated consumer test," to determine how Defendants' statements would affect the Plaintiff. COUNT TWO: VIOLATION OF 42 USC §1983 et. seq. 17. The previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 18. At all times relevant herein, the conduct of all Defendants were subject to 42 U.S.C. §1983, et. seq. 19. Because Defendants were collecting alleged debts for the local government, Defendant was acting under color of law when Defendant sent the collection letters labeled as Plaintiff's Exhibit A. 20. Because Defendant, J.P. Harris Associates, LLC., made threats of, and/ or implications of legal action by the government against Plaintiff, Defendant was acting under color of law when Defendant sent the collection letter labeled as Exhibit A. 21. Acting under color of law, Defendant worked a denial of Plaintiff's due process rights under the U.S. Constitution, federal law, and state law, by misrepresenting that Plaintiff faced threat of immediate levy of Plaintiff's personal property without the benefit of any hearing or other due process 22. Acting under color of law, Defendant sent the aforementioned collection letter, Exhibit A, to deprive the Plaintiff of her rights, privileges and immunities under the United States Constitution and other Federal and Pennsylvania laws; as well as Due Process. 23. By acting in such a manner, the Defendants violated the provisions of 42 US. C.A. § 1983 and others. The Plaintiff therefore believes and consequently avers the Defendants, individually and / or in conspiracy with each other, acted in a conspiratorial manner so as to deprive her of her Civil Rights under the color of law. DAMAGES 24. Plaintiff s actual damages are $1.00 more or less, including but not limited to postage, phone calls, fax, etc. to her attorney to stop the unlawful collection activity. 25. One hundred dollars ($100.00) statutory damages under Pennsylvania's Fair Trade Extension Uniformity as Act, 73 PS §2270.1 et. seq. and Pennsylvania's Unfair Trade and Consumer Protection Law, 73 PS. §201-1 et. seq. 26. Actual damages of $1,500.00 for anger, humiliation, intimidation, and emotional distress. 27. Attorney fees of $3,500.00 at a rate of $350.00 per hour which include but not limited to the following: a. Consultation with client d. Drafting and review of complaint against defendants, and editing. f. Document processing and filing in .5 hour 2 hours .5 hour Total Hours Spent as of Date of Filing Complaint: 10 hours x $350 = $3,500.00. 28. Plaintiff's attorney fees continue to accrue as the case moves forward. OTHER RELIEF 29. Plaintiff also seeks an injunction against further unlawful collection activity. 30. Plaintiff seeks such other relief as this Honorable Court may deem just and proper JURY TRIAL 31. Plaintiff requests and demands a jury trial. Wherefore, Plaintiff demands $20,000.00 from Defendants, an injunction barring further collection activity, a jury trial, and for such other relief as this Court may deem just and proper. Respectfully Date: 5 June 2009 % I/ ?6hn Piazz//fII, Esquire Attorney for Plaintiff Attorney ID # 77494 454 Pine Street Williamsport, PA 17701 (570) 321 - 1818 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VICKI PIONTEK 951 Allentown Road Lansdale, PA 19446 Plaintiff Vs. James P. Harris 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 and J.P. Harris Associates, LLC 101 RICH VALLEY RD PO BOX 226 MECHANICSBURG PA 17055 Defendant 09-786 CERTIFICATE OF SERVICE I, John Piazza, III, certify that I have served a copy of the Complaint in the above captioned case on the Defendant, JP Harris Associates, LLC by first class mail at the following address: 101 Rich Valley Road, PO Box 226, Mechanicsburg, PA 17055, this 51h day of June, 2009. Date: 5 June 2009 141e '?e Z J Piazza,, Esquire orney for Plaintiff Attorney ID # 77494 454 Pine Street Williamsport, PA 17701 (570) 321 - 1818 J.P. HARRIS ASSOCIATES LLC Wwo&1"e "d Scorooe ?cia 4"o t& F-1 J.P. Harris Associates LLC BONDED P.O. Box 226 Delinquent Tax Collector Mechanicsburg, PA 17055 (717) 766-4357 DATE 09 #3PIO NTEV ICKO O/S# 00 01 DATE VICKI A PIONTEK PIONTEVICK00 951 ALLENTOWN RD # 272082 T 40006 LANSDALE PA 19446- As Delinquent Tax Collector for DERRY TWP SCHOOL DISTRICT County of DAUPHIN Pennsyylvania we are under Bond to collect Per Capita /Occupation Taxes for the year(s) 2008, SCHOOL OCCUP,TWP/BORO OCCUf? Total amount due now which includes tax and penalty(s) is That debt is owed to the TOWNSHIP of DERRY TOWNSHIP , County of 531.00 DAUPH RETURN THIS NOTICE WITH YOUR PAYMENT We hereby demand that you pay $ 531.00 in full no later than Saturday February 07, 2009 (m id n i g h t) . If your payment is not mailed on or before this date, then the above-identified governmental unit reserves all rights and remedies available to it, including but not limited to distress and sale of goods as provided by law, 53 P.S. §6918. You are entitled to receive a written explanation of your rights with regard to the assessment, audit, appeal, enforcement, refund, and collection of certain local taxes. The written explanation is entitled J.P. Harris Associates LLC Bill of Rights Disclosure Statement. If you would like a copy, mail us a request at the address on this notice. Make your certified check or money order payable to J.P. Harris Associates LLC and enclose an addressed, stamped envelope for the return of your receipt, if you want a receipt. Postmark on your envelope of Saturday, February 07, 2009 will determine your mailing date deadline in the amount of $ J.P. Harris Associates LLC is a debt collector as stated herein. This communication is an attempt to collect a consumer "debt". Any information obtained will be used for that purpose. Unless, within thirty (30) days after receipt of this document, dispute the validity of the debt in the amount of $ 531.00 or any portion thereof, then J.P. Harris Associates LLC, Delinquent Tax' Collector, will assume that said debt is valid. If, within said thirty (30) days, you notify J.P. Harris Associates LLC, in writing, that the debt, or any portion thereof, is disputed, then J.P. Harris Associates LLC will obtain a verification of the debt or a copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by us. Upon your written request made within the said thirty (30) days period, J.P. Harris Associates LLC will provide you with the name and address of the original creditor, if different from the current creditor. Remit to: J.P HARRIS ASSOCIATES LLC Delinquent Tax Collector P.O. Box 226 Mechanicsburg, PA 17055 (717) 766-4357 1748 SEND THIS NOTICE WITH YOUR REMITTANCE RLED -O?ICF OF THE F;?OE?ONOT' RY 2009 JUN -8 PH 4: 19 CUB,. V