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HomeMy WebLinkAbout10-4353IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Natalie Thomas 1453S.13 1h Street Harrisburg, PA 17104 Vs. " Plaintiff ? ? ? ? 57_3 Bureau of Account Management 3607 Rosemont Ave Jury Trial Demanded Camp Hill, PA 17011 Defendants PRECIPE TO ISSUE WRIT OF SUMMONS To: The Prothonotary: Kindly issue a writ of summons against the Defendant, listed in the above captioned matter. Thank you. . J Vicki Piontek, Esquire Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw@justice.com Fax: 866-408-6735 l ig?n ?d Date c ?L Pd ek-k 9fs' 24il/ 53 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Natalie Thomas 1453S.13 1h Street Harrisburg, PA 17104 Vs. Plaintiff Bureau of Account Management 3607 Rosemont Ave Camp Hill, PA 17011 Defendants WRIT OF SUMMONS TO: Bureau of Account Management 3607 Rosemont Ave Camp Hill, PA 17011 33 Jury Trial Demanded You are notified that Natalie Thomas has commenced an action against you. SEAL OF THE COURT Tt,CT /. ? 6/? Date By 11 Natalie Thomas 1453 S. 13`s Street Harrisburg, PA 17104 Vs. Bureau of Account Management 3607 Rosemont Ave Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Plaintiff Defendants 2010 - 4353 CV Jury Trial Demanded NOTICE TO DEFEND c.._ -~+ r.~ {V .., a .i <:~ ; - __- ~ ~~, _:~ 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 entering a written appeazance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You aze 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 to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). 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 MID-PENN LEGAL SERVICES 29 NORTH QUEEN STREET, YORK, PA 17403 717-848-3605 Fax:717-854-5431 PA BAR ASSOCIATION P.O. BOX 186, HARRISBURG, PENNSYLVANIA 17018 717-238-6715 MID-PENN LEGAL SERVICES 401 East Louther Street, Carlisle, PA 17013 (717)243-9400 (800)822-5288 Fax: (717)243-8026 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Natalie Thomas 1453 S. 13a' Street Hamsburg, PA 17104 2010 - 4353 CV Vs. _ Plaintiff Bureau of Account Management 3607 Rosemont Ave Jury Trial Demanded Camp Hill, PA 17011 . Defendants COMPLAINT INTRODUCTION 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"). PARTIES 2. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 3. Plaintiff is Natalie Thomas, an adult individual with a current address of 1453 S. 13`h Street, Harrisburg, PA 17104, in Dauphin County. 4. Defendant is Bureau of Account Management, a business engaged in consumer debt collection with principle place of business located at 3607 Rosemont Avenue, Camp Hill, PA 17011, in Cumberland County, Pennsylvania. NRISDICTION AND VENUE 5. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 6. Defendant(s) is within the jurisdiction of this Court. Defendant regularly transacts business in the above captioned Pennsylvania. Thus, Defendant(s) has obtained the benefits of the market in Cumberland County in Pennsylvania. 7. 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 Cumberland County in Pennsylvania. 8. A substantially portion of the conduct complained of occurred in Cumberland County in Pennsylvania, Pennsylvania. 9. The Named Plaintiff is an individual 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. COUNT ONE: Violation of Fair Debt Collection Practices Act 15 USC 1692 et. seq. 10. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 11. Plaintiff is a consumer debtor as defined by the Fair Debt Collections Practices Act (FDCPA), 15 USC 1692 et. Seq. 12. Defendant(s) is a debt collector as defined by the FDCPA, 15 USC 1692 et. seq. 13. At all times mentioned herein, Defendant(s) was /were attempting to collect on an alleged consumer debt against Plaintiff. 14. Within the applicable time prior to the commencement of this action, Defendant contacted Plaintiff by telephone and left one or more voicemail messages. 15. Said voicemail message(s) read substantially as follows. "This is Peggy Flanigan. My number here in camp Hill is 214- 3017. My extension is 2523. I received your letter. I would appreciate it if you would give me a call. I'm actually going to be here until 8PM this evening. The local Camp Hill numbers is 214- 3017. My extension is 2523. Thank you. " 16. The above referenced voicemail message was 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 N0.08-5866; Edwards v. NIAGARA CREDIT SOLUTIONS, INC., United States Court of Appeals for the Eleventh Circuit, Docket Number 08-17006. See GRYZBOWSKI v. I.C. SYSTEM, INC 3:CV-08-1884, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA (2010). 17. The above referenced voicemail messages were a violation of 15 USC 1692 (d) because the call was made without meaningful disclosure of the identity of the Defendant. 18. The above referenced voicemail messages were a violation of 15 USC 1692 (e)(11} because the telephone call was placed without disclosure that the calls was from a debt collector. CLASS ALLEGATIONS 19. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint . 20. 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. b. Residents of 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. 21. Plaintiff reserves the right to redefine the class following discovery and as the Court permits. 22. 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. 23. Plaintiff s 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). 24. 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. 25. 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? b. Are the Plaintiffs consumer debtors as defined by the FDCPA? c. Was /were Defendant(s) acting as a debt collector as defined by the FDCPA at the time that the telephone messages were left by Defendant? d. Was /were the telephone message(s) communications as defined by the FDCPA? e. Did the telephone message(s) sent to Plaintiff and other similarly situated Plaintiffs by Defendant(s) fail to make required disclosures as mandated by the FDCPA? f. Did the telephone message(s) left by Defendant violate the FDCPA, 15 USC 1692 et. seq.? 26. 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. 27. 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. 28. The Class is readily identifiable from the Defendant(s)' records. 29. 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. 30. 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. 31. 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. 32. Without a class action, Defendant(s) will likely retain the benefit of its wrongdoing. 33. Without a class action, Defendant(s) will likely continue a course of action, which will result in further damages to Plaintiff and members of the Class. LIABILITY 34. All previous paragraphs of this complaint are incorporated by reference and made a part of this cornplaint. 35. 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. 36. 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. 37. In the alternative, Defendant(s) is liable for the conduct of its agents /employees because the duties to abide by state and federal consumer protection laws were non-deligable. 38. Any mistake made by Defendant(s) would have included a mistake of law, not fact. DAMAGES 39. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 40. At least $1.00 actual damages, including but not limited to phone, fax, stationary, postage, etc. 41. $1,000.00 statutory damages under the FDCPA 15 USC 1692k. 42. Plaintiff suffered some emotional distress as a result of Defendant's unlawful collection activity, in an amount to be determined at trial. ATTORNEY FEES 43. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 44. Attorney fees of $1,400.00 at a rate of $350.00 per hour, enumerated below. a. Consultation with client. .5 b. Drafting of writ and related documents .25 c. Drafting, editing, review, document processing and filing of complaint 3 d. Research on Defendant 1 e. Service of process and filing of service .25 4 x $350 = $1,400.00 45. Plaintiff s attorney fees continue to accrue as the case move forward. ~, OTHER RELIEF 46. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 47. Plaintiff seeks injunctive relief barring further unlawful collection activity. 48. Plaintiff seeks such other relief as this Honorable Court may deem just and proper. 49. Plaintiff believes and avers that Plaintiff is entitled to a reasonable plaintiff incentive fee in an amount no less than $5,000.00. JURY TRIAL 50. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 51. Plaintiff requests a jury trial in this matter ~ • ~ r Wherefore, plaintiff demands judgment against defendant in the amount of no less than $7,226.00 enumerated below, and for such additional amount as the Court deems appropriate upon proper 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 $5,000 plaintiff incentive fee $7,226.00 Vicki Piontek, Esquire Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 877-737-8617 Fax: 866-408-6735 palaw@justice.com 'T- l~'-2alb Date • • • « Natalie Thomas 1453 S. 13°i Street Harrisburg, PA 17204 Vs. Plaintiff Bureau of Account Management 3607 Rosemont Ave Camp Hill, PA 17011 ' Defendants VERIFICATION I, Natalie Thomas, affirm that the statements contained in the attached amended complaint are true and correct to the best of my knowledge, understanding and belief. Natalie Thomas Dat SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~, , :-__. Sheriff ~~~~to of ~:umbr~la ~ '=' ?'I - =~ Jody S Smith ~" Chief Deputy ~' - ~ ~(; ! Q ~J ' r , , _ 1 `- Richard WStewart - ~l(! ~ ~ >aaS Solicitor caFF~c~ :~ ~~~:~~ER,FF ~ _ `l ;; G~i~!;_ _ r. ;~~'~ ~ rl„<< r~~. Natalie Thomas Case Number vs. 2010-4353 Bureau of Account Management SHERIFF'S RETURN OF SERVICE 07/28/2010 02:41 PM -William Cline, Corporal, who being duly sworn according to law, states that on July 28, 2010 at 1441 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bureau of Account Management, by making known unto Bartha A. Marino, Vice President of Bureau of Account Management at 3607 Rosemont Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. ~. r LIAM CLINE, DEPUTY SHERIFF COST: $41.50 August 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CouniySuke Sheriff, Teleosoft, lac. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Natalie Thomas 1453 S. 13`~ Street Harrisburg, PA 17104 Vs. Bureau of Account Management 3607 Rosemont Ave Camp Hill, PA 1'7011 2010 - 4353 CV Jury Trial Demanded PRAECIPE TO DISMISS G'7 .:-~ C ~ -ri ~ ~ c~ -~ ~ ., -t, r ,-y ~ ~ ~ ~ . e-' <.v.. ~ .n~ ~.~ .; c:'~ -- ~,,:° ~r C '' '~ ~ ~ .•- .~ --Yt ~ ~ __r ~ Kindly dismiss and discontinue the above captioned civil matter with prejudice. Thank you. u~~. Qty.. Vicki Piontek, Esquire Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 877-737-8617 Fax:866-408-6735 palaw@justice.com Plaintiff Defendants 10 ~'21 a.~lo Date