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HomeMy WebLinkAbout09-3099IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNIA JOSEPH E. MARTIN Plaintiff CIVIL ACTION - LAW V. NO. ! - 3t)91 3v; l Terw COMMERCIAL ACCEPTANCE COMPANY 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 this Complaint and Notice are served, by 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGBILE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Name 2 Liberty Avenue, Carlisle, PA 17013 Address 717-249-31.66 Telephone COMPLAINT 1. Plaintiff, Joseph E. Martin, is an adult individual residing at 1945 Spring Road, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANNIA JOSEPH E. MARTIN Plaintiff CIVIL ACTION - LAW V. NO. COMMERCIAL ACCEPTANCE COMPANY Defendant Carlisle, Pennsylvania 17013 and is a "consumer" within the meaning of the Fair Debt Collection Practices Act ("FDCPA"). 2. Defendant, Commercial Acceptance Company, is a debt collector as defined in the FDCPA with its principal place of business located at 2 West Main Street, Shiremanstown, Pennsylvania 17011. 3. On April 15, 2009, Defendant contacted the Plaintiff by telephone. Plaintiff notified Defendant that he was represented by legal counsel, that Defendant should cease contacting the Plaintiff, and provided Defendant with the contact information for Harold Shepley & Associates, LLC ("law firm"). 4. On or about April 15, 2009, Defendant contacted the law firm. Defendant, through its agent, stated that they had contracted the Plaintiff, that the Plaintiff had refused to discuss the debt with them, and that Plaintiff had referred Defendant to the law firm. 5. During the conversation on April 15, 2009, a representative of the law firm notified Defendant that the Plaintiff was represented by legal counsel. 6. On or April 15, 2009, the representative of the law firm faxed to Defendant the power of attorney pertaining to the Plaintiff. 7. Despite being advised that Plaintiff was represented by legal counsel, Defendant contacted Plaintiff by telephone on April 17, 2009. 8. On or about April 17, 2009, a representative of the law firm faxed to Defendant the cease and desist letter pertaining to the Plaintiff. 9. Despite being advised that Plaintiff was represented by legal counsel, Defendant contacted Plaintiff by telephone on April 28, 2009. 10. On or about April 28, 2009, a representative of the law firm contacted Defendant by telephone. Defendant, through its agent, confirmed receiving the power of attorney and cease and desist letters pertaining to the Plaintiff. 11. During the conversation on April 28, 2009, the representative of the law firm informed Defendant that the Plaintiff was represented by legal counsel and that Defendant should cease contacting the Plaintiff. 12. During the conversation on April 28, 2009, the representative of the law firm offered to transfer Defendant's agent to another representative for a status update on the account. Defendant's agent began shouting above the representative. Finally, Defendant's agent agreed to be transferred for a status update. 13. Defendant's actions constitute a violation of the Fair Debt Collection Practices Act. 15 U.S.C. § 1692c(a)(2). WHEREFORE, the Plaintiff demands judgment in the amount of $5,000.00 for statutory and actual damages, plus reasonable attorney's fees and costs and for such other relief as may be just and proper. Respectfully submitted, V?,4- T,,,z % z - lames Vincent Natale, Esquire ID #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Plaintiff VERIFICATION JAMES VINCENT NATALE, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the forgoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. 11 ames Vincent Natale Attorney for Plaintiff I?ot rApy OF THE '. i 2009 MAY 13 PH 12: 2 *'18 . So PO ATT'I c?. rMa l aa.5»o Sheriffs Office of Cumberland County Sheriff r Thomas Kline 4,04st? st cuwbp..4? Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE Or THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/28/2009 11:09 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2009 at 1109 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Commercial Acceptance Company, by making known unto Eric Eperjesi, Administrative Vice President at 2 West Main Street Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, e!70AW?111111? 49em 4F May 29, 2009 R THOMAS KLINE, SHERIFF puty Sheriff 2009-3099 Joseph E. Martin V C,armerical Acceptance Co. 1 .. 1710 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNIA JOSEPH E. MARTIN Plaintiff CIVIL ACTION - LAW V. NO. 09-3099 Civil Term COMMERCIAL ACCEPTANCE COMPANY Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-referenced suit as SETTLED and DISCONTINUED, with prejudice. Date: 7 ? G? James ncent Natale, Esquire ID #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Plaintiff 2009 J'IU 3 Fill 29 r? 4 r _?l w I I?; 'ate . v ,'