HomeMy WebLinkAbout09-1346
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Christopher Rhoads,
Plaintiff,
V. Civil Action No.: (? - 15q(0 alyll'Term
Law Office of Edwin A. Abrahamsen
& Assoc., P.C.
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 f.echa de la excrita o en persona o por abogado y
archiva.r 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 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 POR
TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Christopher Rhoads,
Plaintiff,
V.
Law Office of Edwin A. Abrahamsen
& Assoc., P.C.
Defendant.
oq. 13Y4 &?J 7TH.
Civil Action No.:
Defendant.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuant to 15 U.S.C. § 1692a(3).
2. Defendant (hereinafter Law Office) is a law firm/business entity(ies) engaged in the
business of collecting consumer debts in this Commonwealth with its principal place of
business located at 1729 Pittston Avenue, Scranton, PA 18505-4514.
3. On or about January 30, 2009, Defendant contacted Plaintiff by U.S. Mail and/or
telephone calls in an attempt to collect an alleged consumer debt.
4. Defendant is a debt collector as defined by the state law and the FDCPA. 15 U.S.C.
11692a(6).
5. Defendant sent letters and/or made telephone calls to Plaintiff in 2009, which are
"communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2).
6, At all pertinent times hereto, the defendant was collecting an alleged debt relating to a
consumer transaction, pursuant to 15 U.S.C. § 1692a(5). (Hereinafter the "alleged debt.")
7. 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 plaintiffs alleged debt.
8. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading,
deceptive and/or confusing statements.
9. 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.
10. Plaintiff believes and therefore avers that Defendant uses its position and title as attorneys
in order to add heightened urgency and intimidation to its collection practices.
11. Plaintiff believes and therefore avers that Defendant uses its attorney status to make false,
misleading and/or deceptive representation and/or implications that it has authority to
take legal action in Pennsylvania.
12. Attorneys who conform to the Rules of Professional Conduct, would conduct a
reasonable review and would further, clearly advise an unrepresented consumer that the
out of state attorney can take no legal action against the Plaintiff.
13. Plaintiff contacted the Defendant in order to dispute the alleged debt and requested
validation.
14. Plaintiff received an exact duplicate of the initial communication as his verification of the
alleged debt.
15. At the beginning of the conversation, the agent of the Defendant told the Plaintiff that he
could not speak until he was read his Miranda rights.
16. Plaintiff believed that he was somehow in trouble with the law.
17. After the Defendant's agent read Plaintiff his Miranda rights, he proceeded to state
Plaintiff social security number.
18. It was only after the agent read off the social security number that the Defendant's agent
attempted to verify he was speaking to the Plaintiff.
19. Plaintiff attempted to dispute the alleged debt, however, the agent informed Plaintiff that
a lawsuit was imminent.
20. Plaintiff believes and therefore avers that no attorney reviewed his account even though
agents of the attorney were permitted to give Plaintiff legal advice.
21. Consumers are hurt by these tactics.
COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
22. Plaintiff hereby incorporates the foregoing as if fully stated herein.
23. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. §2270 et seq.
24. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. §2270.4(a).
25. Plaintiff believes and therefore avers 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).
26. Plaintiff believes and therefore avers that 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.
27. 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
28. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
29. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. §201-1 et seq.
30. Plaintiff believes and therefore avers that Defendant engaged in unfair methods of
competition and unfair or deceptive acts or practices, as defined by UTPCPL.
31. 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. §201-902.
COUNT III - FAIR DEBT COLLECTION PRACTICES ACT
32. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
33. 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.
34. Venue lies in this District pursuant to 28 U.S.C. 1391(b).
35. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
§1692n.
36. 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.
§731 l (a)(1) and (2).
37. 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).
38. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
§ 1692n. Plaintiff believes and therefore avers that Defendant violated this section of the
FDCPA.
39. Plaintiff believes and therefore avers that defendant added interest, fees and costs in
violation of state and federal law.
40. Plaintiff believes and therefore avers that 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.
41. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
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£ Plaintiff believes and therefore
avers that Defendant violated this section of the FDCPA.
43. 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), § 1692f(8) and § 1692j. Plaintiff believes and therefore avers that
Defendant violated these sections of the FDCPA.
44. 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. Plaintiff believes and therefore avers that
Defendant violated this section of the FDCPA.
45. The Seventh Circuit held that for attorneys to avoid liability under Section 1692e(3), the
attorney must apply, "ultimate professional judgment concerning the existence of a valid
debt." Boyd v. Wexler, 275 F.3d 642, 647 (7`" Cir. 2001). Plaintiff believes and
therefore avers that Defendants violated, 15 U.S.C. §1692e(3). See also, Nielsen v.
Dickerson, 307 F.3d 623 (7`h Cir. 2002), Alvin v. Rubin, 84 £3d 222 (7` Cir. 1996).
46. It has long been held that attorneys cannot sell their name/title/status or in simple terms,
letterhead, to a collection agency. Bitah v. Global Collection Services, Inc., 968 F. Supp.
618 (D. New Mexico 1997).
47. In Brown v. Card Service Center, 464 F.3d 450 (3d Cir. 2006), the Third Circuit
concluded that it would be deceptive under the FDCPA, "to assert that it could take any
action that it had no intention of taking and has never or very rarely taken before."
Brown. The FDCPA prohibits any action that cannot legally be taken or is not intended
to be taken, 15 U.S.C. § 1692e(5) and (10).
48. The Third Circuit explained that the attorney's behavior need not be egregious. Dutton v.
Wolpoff & Abramson, 5 F.3d 649 (3d. Cir. 1993).
49. Plaintiff believes and therefore avers that the Defendant attorneys did not afford his
account individual review. Miller v. Wolpoff & Abramson, 321 F.3d 292 (2d Cir. 2003).
50. Plaintiff believes and therefore avers that the Defendants violated 15 U.S.C. § 1692f, by
threatening and/or filing suit without proper legal authority in Pennsylvania.
51. The FDCPA provides certain rights to the consumer regarding his/ her right to dispute the
alleged debt, 15 U.S.C. § 1692g. Plaintiff believes and therefore avers that Defendants
violated this section of the FDCPA.
52. Courts have held that the threat of litigation is present simply because the letter comes
from an attorney; the letter need not explicitly threaten suit. Crossley v. Lieberman, 868
F.2d 566 (3d Cir. 1989). United States v. Central Adjustment Bureau, 667 F. Supp. 370,
397 (N.D. Tex. 1986).
53. An attorney's interstate collection contacts must avoid misrepresenting the attorney's
authority to sue where he or she is not admitted to practice. Crossley v. Lieberman, 868 F
2d 566 (3d Cir. 1989).
54. 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.
55. 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.
56. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages.
57. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
58. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
59. 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 law or equity may provide.
WHEREFORE, plaintiff requests that this Honorable Court issue judgment on
Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to
Dated:3/3/09
73 P.S. §201-902.
By: /s/Dqg y& Sa'r=co
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, PA 17025
Telephone 717-732-3750
Email: SaraccoLaw@aol.com
CLEAAA01
PO Box 1022
Wixom MI 48393-1022
THE LAW OFFICE OF
January 30, 2009 Edwin.: A.. AAbrahamsen & Associaftes, P. C.
WWW.UA-LAW.COM
121335745
i??idhi?Iu??4?hli???I???IPIImIndi?I?PPI?I?I?r?lnr
Christoph Rhoads
160 Unglestown Rd
Apt 2
Harrisburg PA 17110-1640
Re: Creditor: MIDLAND FUNDING LLC
Original Creditor:
Our File #: N09-1254
Original Account Number: 5259830012071772
Principal Balance: $577.38
Interest Balance: $.09
Total Balance Due: $577.47
Dear Christoph Rhoads:
di
EDWIN A. ABRAHAMSEN
MICHAEL F. RATCHFORD
HEATHER IL WOODRUFF*
*ALSO MEMBER OF THE FL BAR
Please be advised that this office has been retained by MIDLAND FUNDING LLC to collect the above
identified account. At this time no attorney with this law firm has personally reviewed the particular
circumstances of your account. However, be advised that if we proceed with litigation after review of your file, in
addition to the balance due, we intend to seek interest, and court costs.
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this
debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30
days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will
obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or
verification. Upon receipt of a written request from you within the 30 day period, this office will provide you with
the name and address of the original creditor, if different from the current creditor.
If you should have any questions or concerns or wish to discuss a reasonable resolution of this debt, please
contact this office.
This is a communication from a debt collector in an attempt to collect a debt. Any information obtained
will be used for that purpose.
Very truly yours,
Chris Collins
Account Representative
BCLEAAAMVALIDLTR
MAIL ALL CORRESPONDENCE TO:
The Law Office Of Edwin A. Abrahamsen & Associates, P.C.
1729 Pittston Ave • Scranton, PA 185054514
(P) 570-558-5510 • M 570-558-55119 WWW.EAA-LAW.COM
I 11'11
r- ..r
KOWIN A. ABRAHAMBEN THE LAW OFFICE OF
MIRNAEL. F. IlATOMFoRD EDWIN A. ABRAHAMBEN & ASSOCIATES, P.C.
MCATNCR K. WOODRUFF* yyyyyy,EgA-LAW.COM
•ALIJO MCMBER OF FI. BAR
Christopher Rhoads
160 Linglestown Rd Apt 2
Harrisburg PA, 17110
RE: Creditor. Midland Funding
Original Creditor. Tribute Mastercard
Our File #: N09-1254
Original Account Number. 5259830012071772
Principal Balance:577.38
Interest Balance:0.57
Total Balance Due: 577.95
Charge off date:8/14/2007
Dear : Christopher
Please be advised that this office has been retained by to collect the above identified
account. At this time no attorney with this law firm has personally reviewed the particular
circumstances of your account. However, be advised that if we proceed with litigation, after
review of your file, in addition to the balance due, we intend to seek interest, and court costs.
Unless you notify this office within 30 days after receiving this notice that you dispute
the validity of this debt or any portion thereof, this office will assume this debt is valid. If you
notify this office in writing within 30 days from receiving this notice that you dispute the validity
of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy
of a judgment and mail you a copy of such judgment or verification. Upon receipt of a written
request from you within the 30 day period, this office will provide you with verification of debt,
including the name and address of the original creditor, if different, from the current creditor.
If you should have any questions or concerns or wish to discuss a reasonable resolution
of this debt, please contact this office.
This is a communication from a debt collector in an attempt to collect a debt. Any
information obtained will be used for that purpose.
Very truly yours,
Andrew Weber
___ ...., Mme cc+n • /Cl 4%70.55S.551 1
VERIFICATION
I hereby certify that the foregoing is true and correct to the best of my knowledge,
information and belief, information given to me by the Plaintiff, under penalty of perjury, I
hereby make this statement.
Dated: 3 0 By: ??/
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03
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Christopher Rhoads,
Plaintiff,
V.
Civil Action No.: 09-1346
Law Office of Edwin A. Abrahamsen
& Assoc., P.C.
Defendant.
PRAECIPE TO REINSTATE COMPLAINT
AND NOW comes Plaintiff, by and through his counsel, Deanna Lynn Saracco, and files
this Praecipe to Reinstate the Complaint in the above referenced matter. We are attempting to
serve the Defendant as soon as possible.
Respectfully submitted,
e
Dated: 5/5/09 By: JID6nq L n Saracco
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, PA 17025
Telephone 717-732-3750
Email: SaraccoLaw@aol.com
FILED-OWiCE
OF THE FRgi ONOTARY
2009 MAY 19 i 11: 26-
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