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HomeMy WebLinkAbout11-5513,. FILED-OF . FICE ur THE €'ROTHONOTAR`r, Cynthia Z. Levin, Esq. Identification No. 27070 ATTORNEY FOR PLAINTIFF Law Offices of Todd M. Friedman, P.C. 1150 First Avenue, Suite 501 King of Prussia, PA 19406 (888)595-9111 ext. 618 2011 JUL - 8 AM 11: 4 S U'IBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Gregory Abel 1296 Kelpon Rd. Camp Hill, PA 17011 No. ' I- S513 O l Y I VS. FORM OF ACTION: Santander Consumer USA, Inc. CIVIL COMPLAINT 8585 North Stemmons Freeway Ste 1100-N Dallas, TX 75247 NOTICE TO DEFEND 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 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 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 Phone (717) 249-3166 www.cumberlandbar.org PA Bar Association: www.pabar.org E) 0. Mk h 9a C50 ind e f-- * c9 4&'7 12 Wc)(el 15 tog Cynthia Z. Levin, Esq. Identification No. 27070 ATTORNEY FOR PLAINTIFF Law Offices of Todd M. Friedman, P.C. 1150 First Avenue, Suite 501 King of Prussia, PA 19406 (888)595-9111 ext. 618 MAJOR JURY CASE Gregory Abel 1296 Kelpon Rd. Camp Hill, PA 17011 No. VS. FORM OF ACTION: Santander Consumer USA, Inc. CIVIL COMPLAINT 8585 North Stemmons Freeway Ste 1100-N Dallas, TX 75247 COMPLAINT 1. Plaintiff, Gregory Abel (hereinafter referred to as "Plaintiff'), is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing at 1296 Kelpon Rd., Camp Hill, PA 17011. 2. Defendant, Santander Consumer USA, Inc. (hereinafter referred to as "Defendant" or "Defendant Santander"), is a corporation that is qualified to and regularly conducts business in the Commonwealth of Pennsylvania. 3. Defendant Santander maintains its legal residence and principal place of business at 8585 North Stemmons Freeway Ste 1100-N, Dallas, TX 75247, and can be served through their agent for process service, CT Corporation System, 818 W Seventh St, Los Angeles, CA 90017. 4. Defendant was a company engaged, by use of the mails and telephone, in the business of collecting a debt from Plaintiff which qualifies as a "debt," as defined by 15 U.S.C. 2 § 1692a(5). Defendant regularly attempts to collect debts alleged to be due another, and therefore is a "debt collector" as defined by the FDCPA, 15 U.S.C. § 1692a(6). BACKGROUND 5. At various and multiple times prior to the filing of the instant complaint, including within the one year preceding the filing of this complaint, Defendant contacted Plaintiff in an attempt to collect an alleged outstanding debt. 6. In March 2011, Defendant contacted Plaintiff in connection with an attempt to collect an alleged debt. 7. On average, Plaintiff received from Defendant more than 8 collections calls per day in connection with an attempt to collect an alleged debt, such a frequency has to constitute harassment under the circumstances. 8. On more than one occasion, Defendant contacted Plaintiff at his place of employment, despite being instructed by Plaintiff to cease and desist calls to his work as there are in violation of the polocies of Plaintiff's employer. 9. On more than one occasion, Defendant has falsely represented the amount of the alleged debt, including but not limited to, charging Plaintiff improper towing fees when repossing his vehicle in February 2011. 10. Defendant has used false representations and deceptive practice in connection with an attempt to collect an alleged debt, including but not limited to, falsely representing that the vehicle was in New Jersey after being towed in February 2011, and improper application of payments to the alleged debt, claiming that portions of his payments were used for fees and charges on the previous balance. 3 11. Defendant's conduct violated the FDCPA in multiple ways, including but not limited to: a) Causing Plaintiffs telephone to ring repeatedly or continuously with intent to harass, annoy or abuse Plaintiff (§ 1692d(5)); b) Communicating with Plaintiff at times or places which were known or should have been known to be inconvenient for Plaintiff (§ 1692c(a)(1)); c) Repeatedly contacting Plaintiff at his/her place of employment after being informed that such calls are inconvenient to Plaintiff and violate the policy of Plaintiff's employer (§ 1692c(a)(1)(3)); d) Falsely representing the character, amount, or legal status of Plaintiff's debt (§ 1692e(2)(A)); e) Using false, deceptive, or misleading representations or means in connection with collection of a debt (§ 1692e)); and f) Using false representations and deceptive practices in connection with collection of an alleged debt from Plaintiff (§ 1692e(10). 12. As a result of the above violations of the FDCPA Plaintiff suffered and continues to suffer injury to Plaintiff's feelings, personal humiliation, embarrassment, mental anguish and emotional distress, and Defendant is liable to Plaintiff for Plaintiff's actual damages, statutory damages, and costs and attorney's fees. COUNTI VIOLATION OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT 13. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 4 PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays that judgment be entered against the Defendant for the following: A. Declaratory judgment that Defendant's conduct violated the FDCPA; B. Actual damages; C. Statutory damages; D. Costs and reasonable attorney's fees; and, For such other and further relief as may be just and proper. PLAINTIFF HEREBY REOUESTS A TRIAL BY JURY 14. Respectfully submitted this 0 day of June, 2011. n is Z. Le n, sq. (27070) Law Offices of Todd M. Friedman, P.C. 1150 First Avenue, Suite 501 King of Prussia, PA 19406 Phone: 888-595-9111 ext 618 Fax: 866 633-0228 clevin@attorneysforconsu mer.co m Attorney for Plaintiff 5 .. Cynthia Z. Levin, Esq. Identification No. 27050 ATTORNEY FOR PLAINTIFF Law Offices of Todd M. Friedman, P.C. 1150 First Avenue, Suite 501 King of Prussia, PA 19406 (888)595-9111 ext. 618 1 -60TH 15 PH 1: i7 Lui .;. f 2ERLAND COUNTY FN" i?-lSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Gregory Abel 1296 Kelton Rd. Camp Hill, PA 17011 vs. Santander Consumer USA, Inc. 8585 North Stemmons Freeway Ste 1100-N Dallas, TX 75247 No. 11-5513 CIVIL FORM OF ACTION: FIRST AMENDED CIVIL COMPLAINT NOTICE TO DEFEND 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 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 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 Phone (717) 249-3166 www.cumberlandbar.org PA Bar Association: www.pabar.org 1 Cynthia Z. Levin, Esq. Identification No. 27070 ATTORNEY FOR PLAINTIFF Law Offices of Todd M. Friedman, P.C. 1150 First Avenue, Suite 501 King of Prussia, PA 19406 (888)595-9111 ext. 618 Gregory Abel ; 1296 Kelton Rd. Camp Hill, PA 17011 : vs. Santander Consumer USA, Inc. 8585 North Stemmons Freeway Ste 1100-N Dallas, TX 75247 MAJOR JURY CASE No. 11-5513 CIVIL FORM OF ACTION: FIRST AMENDED CIVIL COMPLAINT FIRST AMENDED COMPLAINT 1. Plaintiff, Gregory Abel (hereinafter referred to as "Plaintiff'), is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing at 1296 Kelton Rd., Camp Hill, PA 17011. 2. Defendant, Santander Consumer USA, Inc. (hereinafter referred to as "Defendant" or "Defendant Santander"), is a corporation that is qualified to and regularly conducts business in the Commonwealth of Pennsylvania. 3. Defendant Santander maintains its legal residence and principal place of business at 8585 North Stemmons Freeway Ste 1100-N, Dallas, TX 75247, and can be served through their agent for process service, CT Corporation System, 818 W Seventh St, Los Angeles, CA 90017. 4. Defendant was a company engaged, by use of the mails and telephone, in the business of collecting a debt from Plaintiff which qualifies as a "debt," as defined by 15 U.S.C. 2 § 1692a(5). Defendant regularly attempts to collect debts alleged to be due another, and therefore is a "debt collector" as defined by the FDCPA, 15 U.S.C. § 1692a(6). BACKGROUND 5. At various and multiple times prior to the filing of the instant complaint, including within the one year preceding the filing of this complaint, Defendant contacted Plaintiff in an attempt to collect an alleged outstanding debt. 6. In March 2011, Defendant contacted Plaintiff in connection with an attempt to collect an alleged debt. 7. On average, Plaintiff received from Defendant more than 8 collections calls per day in connection with an attempt to collect an alleged debt, such a frequency has to constitute harassment under the circumstances. 8. On more than one occasion, Defendant contacted Plaintiff at his place of employment, despite being instructed by Plaintiff to cease and desist calls to his work as there are in violation of the polocies of Plaintiff's employer. 9. On more than one occasion, Defendant has falsely represented the amount of the alleged debt, including but not limited to, charging Plaintiff improper towing fees when repossing his vehicle in February 2011. 10. Defendant has used false representations and deceptive practice in connection with an attempt to collect an alleged debt, including but not limited to, falsely representing that the vehicle was in New Jersey after being towed in February 2011, and improper application of payments to the alleged debt, claiming that portions of his payments were used for fees and charges on the previous balance. 3 Y 11. On February 18, 2011, Plaintiff made a payment of $1820.00 to reclaim the subject vehicle, which Defendant confirmed during a telephone conversation that the account was brought current and the next payment would not be due until March 2011. 12. Plaintiff made payments towards the alleged debt on March 6, 2011 and April 26, 2011. 13. On the May 9, 2011 statement, Defendant reflected only the April 26, 2011 payment made by Plaintiffs. 14. On the May 9, 2011 statement, Defendant falsely represented that a total past due amount of $2,127.49 despite being told on February 18, 2011 that the account was current and Plaintiff making monthly payments on March 6, 2011 and April 26, 2011. 15. On or about June 1, 2011, Plaintiff made a payment to Defendant with a confirmation number of #30904225. 16. On or about June 6, 2011, Plaintiff received a statement claiming that the past due amount of 2127.49 and failing to acknowledge the payment made on June 1, 2011. 17. Defendant's conduct violated the FDCPA in multiple ways, including but not limited to: a) Causing Plaintiffs telephone to ring repeatedly or continuously with intent to harass, annoy or abuse Plaintiff (§ 1692d(5)); b) Communicating with Plaintiff at times or places which were known or should have been known to be inconvenient for Plaintiff (§ 1692c(a)(1)); c) Repeatedly contacting Plaintiff at his/her place of employment after being informed that such calls are inconvenient to Plaintiff and violate the policy of Plaintiffs employer (§ 1692c(a)(1)(3)); 4 d) Falsely representing the character, amount, or legal status of Plaintiffs debt (§ 1692e(2)(A)); e) Using false, deceptive, or misleading representations or means in connection with collection of a debt (§ 1692e)); and f) Using false representations and deceptive practices in connection with collection of an alleged debt from Plaintiff (§1692e(10). 18. As a result of the above violations of the FDCPA Plaintiff suffered and continues to suffer injury to Plaintiffs feelings, personal humiliation, embarrassment, mental anguish and emotional distress, and Defendant is liable to Plaintiff for Plaintiffs actual damages, statutory damages, and costs and attorney's fees. COUNTI VIOLATION OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT 19. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays that judgment be entered against the Defendant for the following: A. Declaratory judgment that Defendant's conduct violated the FDCPA; B. Actual damages; C. Statutory damages; D. Costs and reasonable attorney's fees; and, For such other and further relief as may be just and proper. 5 PLAINTIFF HEREBY REQUESTS A TRIAL BY JURY 20 Respectfully submitted this I day of August, 2011. .7 %-yn'tttsa G. Levitt, Esq. (27070) Law Offices of Todd M. Friedman. P.C. 1150 First Avenue, Suite 501 King of Prussia, PA 19406 Phone: 888-595-9111 ext 618 Fax: 866 633-0228 clevin@attorneysforconsumer.com Attorney for Plaintiff 6 .4 Todd M Friedman, Esq. Cynthia Z. Levin, Esq. Law Offices of Todd M. Friedman, P.C. 1150 First Avenue, Suite 501 King of Prussia, Pennsylvania (888) 595-9111, ext. 618 (866) 633-0228 (fax) clevin@attorneysforconsumer. com Counsel for Plaintiff F ILEO-OFFICE ? ME. FROTNONOTAIl y 7012 JAN 10 PM 1: 23 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY ABEL, V. Plaintiff SANTANDER CONSUMER USA, INC., Defendant No. 11-5513 : CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE To the Prothonotary: Kindly mark the above-captioned matter discontinued and ended, with prejudice, in accordance with Pa. R. Civ. P. 229. Respectfully Dated: 2011.- Todd. Friedman, Esq. Law ices of Todd M. Friedman, P.C. 1150 First Avenue, Suite 501 King of Prussia, Pennsylvania (888) 595-9111, ext. 618 (866) 633-0228 (fax) clevin@attomeysforconsumer.com Counsel for Plaintiff 176413.101 /05/20 1 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below, I served a true and correct copy of the foregoing Praecipe to Discontinue upon the following, via first-class mail, postage prepaid: Ryan L. DiClemente, Esquire Saul Ewing LLP 750 College Road East, Suite 100 Princeton, New Jersey 08540 Counsel for Defendant Dated: ?n o, , 20M- 17641, 1 01105(2012