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HomeMy WebLinkAbout09-8825 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Trudy Chorba, a/k/a Trudy Woodring c/o Piontek Law Office 951 Allentown Road Lansdale, PA 19446 Plaintiff V. Capital Management Services, L.P. 726 Exchange Street Buffalo, NY 14201 and Capital Management Services, L.P. ; 2207 Niagara Street Buffalo NY 1.4207 and Capital Management Services, L.P. 700 Executive Center Drive Greenville , SC 29615 Defendant Jury Trial Demanded PRECIPE TO ISSUE WRIT OF SUMMONS To: The Prothonotary: Kindly issue a writ of summons against the above captioned Defendant(s). Thank you. -.. ?) P - 1 101 Vicki Piontek, Esquire Date Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw@justice.com Fax: 866-408-6735 J vr:, .t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Trudy Chorba, a/k/a Trudy Woodring c/o Piontek Law Office 951 Allentown Road Lansdale, PA 19446 Plaintiff V. Capital Management Services, L.P. 726 Exchange Street Buffalo, NY 14201 and Capital Management Services, L.P. 2207 Niagara Street Buffalo NY 14207 and Capital Management Services, L.P. 700 Executive Center Drive Greenville, SC 29615 Defendant Jury Trial Demanded WRIT OF SUMMONS TO: Capital Management Services, L.P. 726 Exchange Street Buffalo, NY 14201 Capital Management Services, L.P. 2207 Niagara Street Buffalo NY 14207 Capital Management Services, L.P. 700 Executive Center Drive Greenville. SC 296 l 5 You are notified that Trudy Chorba, a/k/a Trudy Woodring has commenced an action against you. SEAL OF 1 ? d? " 1 THE Prothonotary Date COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Trudy Chorba, a/k/a Trudy Woodring c/o Piontek Law Office 951 Allentown Road Lansdale, PA 19446 Plaintiff V. Capital Management Services, L.P. 726 Exchange Street Buffalo, NY 14201 and Capital Management Services, L.P. 2207 Niagara Street Buffalo NY 14207 and Capital Management Services, L.P. 700 Executive Center Drive Greenville, SC 29615 Defendant Jury Trial Demanded 49' fd'?s sell PRECIPE TO PROCEED IN FORMA PAUPERIS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 240 To: The Prothonotary: Kindly waive the filing fee in the above captioned matter. Counsel has agreed to provide legal services to the Plaintiff at no charge to Plaintiff. No funds have been paid by the Plaintiff to counsel in the above captioned matter. Fees shall be charged to the Defendant after the litigation is completed due to the fee shifting provisions of 73 PS 201. et. seq. and 15 USC 1692 et. seq. Vicki Piontek, Esquire Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw@justice.com Fax: 866-408-6735 "'j, ,, ,, Date ? i:?' :!. ?'.-.? i-'u? f F3 fi ' ? a ?- ? ?.' G r ?: IN THE COURT OF COMMON PLEAS OF THE }???r?? OF CUMBERLAND COUNTY, PENNSYLVANIA2910 JAN -7 PM 3. 4 9 CIVIL ACTION-LAW Trudy Chorba, a/k/a Trudy Woodring c/o Piontek Law Office 951 Allentown Road Lansdale, PA 19446, Plaintiff V. Capital Management Services, L.P. 726 Exchange Street Buffalo, NY 14201 and Capital Management Services, L.P. 2207 Niagara Street Buffalo NY 14207 and Capital Management Services, L.P. 700 Executive Center Drive Greenville, SC 29615 Defendant(s) A 09-08825 Civil 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. MidPenn Legal Services 401 East Louther Street, Suite 103, Carlisle, Pennsylvania 17013 (800) 822-5288 http://www.midpenn.org PENNSYLVANIA BAR ASSOCIATION P.O. BOX 186, HARRISBURG, PENNSYLVANIA 17018 717-238-6715 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Trudy Chorba, a/k/a Trudy Woodring c/o Piontek Law Office 951 Allentown Road Lansdale, PA 19446 Plaintiff V. Capital Management Services, L.P. 726 Exchange Street Buffalo, NY 14201 and Capital Management Services, L.P. 2207 Niagara Street Buffalo NY 14207 and Capital Management Services, L.P. 700 Executive Center Drive Greenville, SC 29615 Defendant(s) COMPLAINT INTRODUCTION Jury Trial Demanded 09-08825 Civil 1. This is a class action lawsuit for damages brought by an individual consumer for Defendant(s)' alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (hereinafter "FDCPA") as well as for Defendant(s)'s alleged violations of Pennsylvania Fair Credit Extension Uniformity Act (FCEUA), 73 PS 2270. et. seq., and Pennsylvania's Unfair Trade and Consumer Protection Law (PAUTCPL), 73 PS 201 et. seq. 2. Plaintiff brings this action against Defendant(s) for engaging in a systematic scheme to deprive Pennsylvania Consumers of their rights under the FDCPA, FCEUA and PAUTCPL. 3. Defendant(s)' scheme involved, contacting consumers throughout Pennsylvania, and leaving a particular voicemail messages on said consumers' answering machines or voicemail messaging systems. The particular messages left by Defendants had the affect of violating the provisions of 15 USC 1691g Of the FDCPA and / or PA's FCEUA and PAUTCPL by failing to meaningfully disclose the identity of the debt collector or the nature of the call. 4. The claims of Plaintiff and the Class are individual claims for violations of federal and Pennsylvania law described herein. 5. These claims arise from Defendant(s)' systematic unlawful collection activity against Pennsylvania consumers. 6. The named Plaintiff(s) are individual consumers who received a particular telephone voicemail message from Defendant while Defendant was attempting to collect on a consumer debt against Plaintiff. The voicemail message is described in this complaint. JURISDICTION AND VENUE 7. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint 8. Venue is proper in this county under Rule 2179 of the Pennsylvania Rules of Civil Procedure. Defendant(s) regularly transact(s) business throughout the Commonwealth of Pennsylvania in general and within this County in Pennsylvania. 9. Defendant obtains the benefit(s) of regularly transacting business in this County of the Commonwealth of Pennsylvania. 10. Venue is proper in this county under Rule 2179 of the Pennsylvania Rules of Civil Procedure. Defendant transacts business throughout the Commonwealth of Pennsylvania in general and within this County, captioned above. 11. A substantially portion of the conduct complained of occurred in this County, captioned above, in, Pennsylvania. Plaintiff resides in this County in Pennsylvania. CLASS ALLEGATIONS 12. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 13. Plaintiff brings this case as a class action pursuant to Pennsylvania Rules of Civil Procedure 1701, et seq., on behalf of a Class consisting of members who meet the following criteria. a. Consumers within the meaning of the FDCPA and / or FCEUA and PAUTCPL. b. Residents of the above captioned county in Pennsylvania at the time they received the same or a similar telephone voicemail message from Defendant, described in this complaint, c. Received the same or substantially similar telephone message(s) described in this complaint from Defendant(s) within the applicable period of limitations prior to the commencement of this action. 14. Plaintiff believes that there are several victims of Defendant(s) aforementioned collection activity, and that members of the Class are so numerous that joinder of all members is impractical. 15. Plaintiffs claims are typical of the claims of the Class members because they received the same type of collection telephone message from Defendant(s) that Plaintiff received from Defendant(s). 16. Plaintiff will fairly and adequately protect the interests of the Class members. Plaintiff has retained counsel competent and experienced in consumer law, and capable of familiarizing herself with class action litigation practice and procedure. 17. Common questions of law and fact exist as to all Class members and predominate over any questions solely affecting individual Class members. Among the questions of law and fact common to plaintiff and the Class are the following. a. Were the accounts referred to in the telephone messages left for Plaintiffs consumer debts as defined by the FDCPA and FCEUA? b. Are the Plaintiffs consumer debtors as defined by the FDCPA and FCEUA? c. Was / were Defendant(s) acting as a debt collector as defined by the FDCPA and / or FCEUA at the time that the telephone messages were left by Defendant? d. Was / were the telephone message(s) communications as defined by the FDCPA and / or PA's FCEUA? e. Did the telephone message(s) sent to Plaintiff and other similarly situated Plaintiffs by Defendant(s) fail to meaningfully disclose the identity of the caller or the nature of the call? f. Did the telephone message(s) left by Defendant violate the FDCPA, 15 USC 1692 et. seq.? g. Did the telephone message(s) left by Defendant for Plaintiffs violate FCEUA, 73 PS 2270 et. seq., and PAUTCPL, 73 PS 201 et. seq.? 18. Class action treatment is superior to the alternatives for the fair and efficient adjudication of the controversy alleged herein. Such treatment will permit a large number of similarly situated persons to prosecute their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would entail. 19. No difficulties are likely to be encountered in the management of this class action that would preclude its maintenance as a class action, and no superior alternative exists for the fair and efficient adjudication of this controversy. 20. The Class is readily identifiable from the defendants' records. 21. Prosecution of separate actions by individual members of the Class would create the risk of inconsistent or varying adjudications with respect to individual members of the Class that would establish incompatible standards of conduct for defendants. 22. A class action is superior to other available methods for the fair and efficient adjudication of this controversy since joinder of all members is impractical. 23. The amounts at stake for many of the Class members, while substantial, are not great enough to enable them to maintain separate suits against Defendant. 24. Without a class action, Defendant will likely retain the benefit of its wrongdoing. 25. Without a class action, Defendant will likely continue a course of action, which will result in further damages to Plaintiff and members of the Class. PARTIES 26. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 27. Plaintiff is Trudy Chorba, a/k/a Trudy Woodring, an adult individual with a current address of 683 Magaro Road, Enola, PA 17025, on behalf of herself and those similarly situated Plaintiffs. 28. Defendant(s) is / are Capital Management Services, L.P., a business engaged in consumer debt collection with business locations including but not limited to the following. Capital Management Services, L.P. 726 Exchange Street Buffalo, NY 14201 Capital Management Services, L.P. 2207 Niagara Street Buffalo NY 14207 Capital Management Services, L.P. 700 Executive Center Drive Greenville, SC 29615 COUNT ONE: Violation of Fair Debt Collection Practices Act 15 USC 1692 et. seq. 29. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 30. Plaintiff is a consumer debtor as defined by the Fair Debt Collections Practices Act (FDCPA), 15 USC 1692 et. Seq. 31. Defendant is a debt collector as defined by the FDCPA, 15 USC 1692 et. seq. 32. At all times mentioned herein, Defendant was attempting to collect on an alleged consumer debt against Plaintiff. 33. At one ore more times during December, 2008 to January, 2009, Defendant contacted Plaintiff by telephone and left one or more voicemail messages. Said telephone message read substantially as follows. "Please call 800-960-2185 for an important business matter. Thank you. " 34. The above referenced voicemail message(s) was a communication as defined by 15 USC 1692(a)(2). See Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d 643 (S.D.N.Y. 2006); INMAN v. NCO FINANCIAL SYSTEMS, INC, United States District Court for the Eastern District of Pennsylvania, Docket Number NO. 08-5866; Edwards v. NIAGARA CREDIT SOLUTIONS, INC., United States Court of Appeals for the Eleventh Circuit, Docket Number 08-17006. 35. At no time during the message(s) did Defendant disclose the identity of the debt collector who placed the call on plaintiff's personal telephone answering system. 36. At no time during the message(s) did Defendant disclose that the call was from a debt collector attempting to collect a debt, and that any information obtained by Defendant from Plaintiff would be used for that purpose. 37. The above referenced voicemail message(s) was a violation of 15 USC 1692 (f)(6) because the telephone call was placed without meaningful disclosure of the debt collector's identity. See Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d 643 (S.D.N.Y. 2006); INMAN v. NCO FINANCIAL SYSTEMS, INC, United States District Court for the Eastern District of Pennsylvania, Docket Number NO. 08-5866; Edwards v. NIAGARA CREDIT SOLUTIONS, INC., United States Court of Appeals for the Eleventh Circuit, Docket Number 08-17006. 38. The above referenced voicemail message(s) was a violation of 15 USC 1692 (e)(11) because the telephone call was placed without disclosure that the calls was from a debt collector. See Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d 643 (S.D.N.Y. 2006); INMAN v. NCO FINANCIAL SYSTEMS, INC, United States District Court for the Eastern District of Pennsylvania, Docket Number NO. 08-5866; Edwards v. NIAGARA CREDIT SOLUTIONS, INC., United States Court of Appeals for the Eleventh Circuit, Docket Number 08-17006. 39. The identity of the caller and the nature of the call was not discovered by Plaintiff until she had a conversation with her attorney on or about January 6, 2009, and Plaintiff's attorney assisted her in determining the identity of the caller (Defendant) and the nature of the call. LIABILITY 40. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 41. Defendant(s) is liable for the acts committed by its agents under the doctrine of respondeat superior because Defendant's agents were acting within the scope of their employment with Defendant. 42. In the alternative, Defendant(s) is liable for the conduct of its agents / employees under the theory of joint and several liability because Defendant and its agents / employees were engaged in a joint venture and were acting jointly and in concert. DAMAGES 43. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 44. At least $1.00 actual damages, including but not limited to phone, fax, stationary, postage, etc. 45. $1,000.00 statutory damages for the named Plaintiff as the class representative under the FDCPA 15 USC 1692k. 46. $1,000.00 statutory damages for each additional Plaintiff under the FDCPA 15 USC 1692k. 47. Plaintiff was confused and distressed about the aforementioned misconduct of Defendant(s). For purposes of a default judgment, Plaintiff believes and avers that such distress should have a dollar value of at least $1,500.00. 48. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. ATTORNEY FEES 49. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 50. Attorney fees of $1,225.00 at a rate of $350.00 per hour, enumerated below. a. Consultation with client. b. Demand letter to Defendant 5 .25 hour c. Follow up phone contact with Defendant .25 hour d. Drafting of writ and related documents .25 e. Drafting, editing and review of complaint 2 f. Service of process and filing of service .25fs 3.5 x $350 = $1,225.00 51. Plaintiff's attorney fees continue to accrue as the case move forward. OTHER RELIEF 52. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 53. Plaintiff seeks injunctive relief barring further unlawful collection activity. 54. Plaintiff seeks such other relief as this Honorable Court may deem just and proper. 55. Plaintiff requests trebles damages against Defendant because the acts committed by Defendant were willful, wanton, reckless and / or intentional. JURY TRIAL 56. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 57. Plaintiff requests a jury trial in this matter Wherefore, Plaintiff demands judgment against Defendant(s) in the amount of no less than $2,226.00 enumerated below, and for such additional relief as the Court deems just and proper upon certification of the class. $1.00 more or less actual damages. $1,000.00 statutory damages pursuant to 15 USC 1692k et. seq. $1,225.00 attorney fees $2,226.00 Vicki Piontek, Esquire Supreme Court ID Number 83559 Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 717-533-7472 Fax: 866-408-6735 palaw@justice.com IJgl Q- o?o Date ' i IN THE COURT Or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Trudy Chorh, allds Trudy Woodring e% Piontek Law Office 951 Allentown Road Langdale, PA 19446, Plaiautiff V. Capital Management Services, L.P. 726 Exchange Street Buffaio, NY 14201 and capital Management Services, L.P. 2207 'tiiau¢lra'i;Iwv t ?1??.RR2 ?. s?.;{ B ff ilo NY 14707 and Capital Management Services, L.P. 71)1) calla C.)I.1w Greenville. SC 29615 Defendant(s) VERMCATION 1. Trudy Woodring, &Wa Trudy Chorba, have read the attached complaint. The statements contained therein are true and accurate to the best of my lmowledIM understanding and belief. Trudy Wo ring Date