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HomeMy WebLinkAbout06-0072 IN THE COURT OF COMMON PLEAS CUMBERLAND COlINTV, PENNSYL VANIA LAURA RUSSELL. Plaintifl: No 01. - 7a.. (},o; LTf/z.."1 v. COLLECTCORP, Defendant. JlJRY TRIAL DEMANDED CIVIL TERM 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 wlthin twentv (20) davs 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, P A 1-800-990-9108,717-249-3166 NOTICIA 1e han demandado a usted en la corte. 5i csted clcire defenderse de est as demandas expueta::; en las pagi.nas siqt::entes, ~1sted l_iE::~ne viente (7C) dias de plaza a1 partir de la fecha de 13 excrita 0 en persona c par abogado y archivar en 1a corte en forma excrita sus defensas 0 sua objectio~es alas demander 13 corte tcmara medidas y puede e~trar una orden centra Gsted si~ previa aviso 0 notificacion y por cllaJquier queja 0 alivio que es pedido en 13 peticiorl de demanda. Usted puede perder dinero 0 SllS propiedades 0 atras derechos impcJrl:::3T':.tes para usted. LI..tS\TS ESTA DEt'lANDl~ A Lm A.BOG1WO 1Ml'vlEDIAl'l\.!"lEN'J"E. SI ~KJ ':'lENE _p.BOG.Z\.[;()() 81 NO TIENE EL Dlt'JERO SUFICIENTE D~: PAGAR TP.L SER'VIC:=Ol'J, VAy.D. EN PE:l<SO~\;J\ :] 1,LAME POR '=";E~EFm'1C A 1~.D.. OFICINp. CUYf'.. DJRt::CCION Sf PUEDECONSEGUIt<, A,~~,T~;rrENCIA LE:::;AL. IN THE COl1RT OF COMMON PLEAS Cl1MBERLAND COl1NTY, PENNSYL VANIA LAURA RUSSELL Plaintiff, No 010 - '7~ C.~(J~L 'J ~ v. COLLECTCORP, Defendant. .fURY TRIAL DEMANDED CIVIL TERM COMPLAINT COl1NTI I. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. 92270 et seq. 2. Defendant. Northland Group, lnc.. is a business entity cngaged in the busincss of collecting consumer debts in this Commonwcalth with a mailing address P. O. Box 390S46, Edina, MN 55439. 3. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU. 73 P.S. 92270.4(a). 4. That defendant engaged in unfair methods of competition and unfilir or deceptive acts or practices, as defined by FCEU and the regulations, including but not limited to, violations 01'37 Pa.Code 99303.3(3). 303.3(14), 303.3(lS). 303.6 and 73 P.S. S20I,2(4). 5. Defendant's acts as described herein were done with malicious, intentional, willful, reckless, negligent and wanton disregard for Plaintiffs rights with the purpose of coercing PlaintitTto pay the alleged debt. 6. As a result of the above violations. PlaintitTis entitled to statutory. actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgmcnt on his behalf and against defendants for a statutory pcnalty, trcble damagcs, punitive damages, attorney fees and costs pursuant to 73 P.S. 92270.5. COlJNT 1I 7. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 91692, et seq. ("FDCPA"), particularly 15 U.S.c. (i1692k(d) and 28 U.S.C. (i1337. 8. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 9. Plaintiff is an individual and consumer pursuant to 15 U.S.C. {i1692a(6). 10. Defendant is a debt collector as defined by 15 U,S.c. 11692a(3). II, Defendant made numerous telephone calls to Plaintifl including a call to Plaintiffs place of employment on Novembcr 23, 2005. which are "communications" relating to a "debt" as defined by 15 U.S.c. I I 692a(2) and I 692a(5). 12. At all pertinent times hereto, the defendant was hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt. ") \3. Defendant communicated with plaintiff on or after one year beforc the date of this action, in connection with collection efforts, by letters, telephone contact or other documents, with regard to plaintiff s alleged debt. 14. On or about November 23, 2005, defendant contacted PlaintitT at her place of employment. dcspite being told prior to Novembcr 23, 2005. that Plaintiff could not be contacted at work. in an attempt to cocrce Plaintiff into paying the alleged debt. 15. Defendant advised Plaintiff that he could call her at work and would continue to call her at work. 16. Defendant further stated that they were charging up to $130.00 per month in interest. 17. FDCP A states that a violation of state law is a violation of the FDCI' A. 15 U.S.c. 91692n. Pennsylvania law states. in pertinent part, IS Pa.C.S. 97311: "Unlawful collection agency practiccs. (a) Assignment of claims. It is lawful tor a collection agency, for the purpose of collecting or cnforcing the payment thereot~ to takc an assignment of any such claim tl'om a creditor, if all of the following apply: I. The assignment between the creditors and collection agency is in writing: 2. The original agreement between the creditor and debtor does not prohibit assignments. 3. The collection agency complies with the act of December 17, 1 96S... (b.1 )Unfair or deceptive methods. It is unlawful for a collector to collect any amount, including any interest, tee, charge or expense incidcntal to the principal obligation, unless such amount is expressly provided in the agreement creating the debt or is permitted by law." \S. PlaintitTbelieves and theretore avers that defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the allegcd debt. 19. Plaintitf believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 20. Defendant otTered Plaintitf a settlement ofter. 21. I'laintitTbelieves and therefore avers that making a settlement offer is a prelude to litigation and as such, Plaintiff believed that litigation was imminent. 22. Detendant rarely, if ever, files suit against consumer debtors as such, any inference of litigation is a violation of the rDCPA. 23. The rocI' A states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U.s.c. ~ 1692f. Dcfendant violated this section ofthc rDCPA 24. 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. ~ I 692e. Defendant violated this section of the FDCPA 25. The FDCP A statcs, 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 ofa debt. 15 U.S.C. ~ I 692d. Defendant violated this section of the FDCPA. 26. The FDCP A states, a debt collector may not communicate. in connection with the collection of any debt. with any person other than the consumer. 15 lJ .5.C. S 1 692c(b ). Defendant violated this section of the FDCPA 27. The FOCP A states, it is unlawful to design, compile and furnish any form knowing that such form would be used to create thc false believe in a consumer that a person other than the creditor of such consumer it participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 15 U.S.C. ~ 1 692j. Defendant violated this section of the rOCpA. 28. The FDCp A provides certain rights to the consumer rcgarding her right to dispute the alleged debt. 15 U.S.c. ~ 1692g. Defendant violated this section of the FDCP A 29. The FOCI' A states, a debt collector may not communicate with a consumer at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communications. 15 U.S.c. sI692c(a)(3). Defendant violated this section of the FDCPA. 30. The FDCP A states, it is unlawful to add interest, charges, fees or othcr costs unless authorized by law or contract; Plaintiff does not have a contract with Defendant. 15 U.S.C. sI692fand sI692e(2)(A) and (B). Defendant violated this section of the FDCP A. 31. Defendant's collection communications were intentionally confusing, misleading and otherwisc deceptive to the Plaintiffs, in violation of 15 U.S.c. sI692e(5) and (10), SI692f(8) and SI692j, see also, In re Belile. 208 B.R. 658 (E.D. Pa 1977). 32. Defendant's communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. Tolentino v. Friedman, 833 F. Supp. 697 (N.D. !ll. (993); Sluvs v. Hand, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gavnor. 784 F. Supp I (D. Conn. 1989). 33. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the delendant did not intend to sue the Plaintiff. Bentlv v. Great Lakes Collection Burcau, 6 F.3d 62 (2d Cir. (998). See also, 15 U.S.c. S I 692e(5), 15 U.S.c. S 1692c(IO). 34. 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 dcfendants herein. 35. 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 lor federal and state law and the rights of the Plaintiff herein. 36. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 37. Defendant's threat of litigation was raise because defendant does not routinely file suit against consumer debtors, in violation of 15 U.S.C. ~ 1692e(5) and (10). 38. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.c. ~1692e(5) and (10), ~1692f(8) and ~1692.i. 39. Plaintiff was confused, deceived and believed that litigation was immincnt if settlement was not made. 40. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 41. Defendant, in its collection efforts, violated the FDCPA, infer alia, Sections 1692, b, c, d, e, t: g, h, and/or n. 42. Defendant. in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff 43. That, as a result of the wrongful tactics of defendants as aforementioned. plaintiff has been subjected to anxiety, harassment, intimidation and annoyance fur which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment on his behalf and against defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the rDCP A or each separate and discrete incident in which defendants have violated the FDCPA. (8) Award Plaintiff general damages and punitive damages fix anxiety, harassment, and intimidation directed at him in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defcndants ri1rm letters. (C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $350.00/bour for hours reasonably expcnded by his attorney in vindicating his rights under the FDCPA. permitted by 15 U.S.c. {i1692k(a)(3). (D) Award declaratory and injunctive reliet~ and such other relief as this Honorable Dated: 114106 Court deems necessary and proper or law or equity may rovide. By: IslDcanna Lv Deanna Lynn Sarac Attorncy for Plainti f 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732,3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com ~ (.J -iq l .~ ...... ~ & C3 ~ ~r! '-<l ~ .--!::- C' ",",:'I r! ,_~) I..") (,.", --" ~ :;J ~,-,: ~~ :~~~ [) -ry l!j ~,~ C:.J ....... IN THE COURT OF COMMON PLEAS CIJMBERLAND COUNTY, I'ENNSYLV ANIA LAURA RUSSELL, Plaintin~ No: 06,72 v. COLLECTCORP Corporation. and Nicholas Wilson, an individual, and CEO of Collect corp, and Karyn Ware. an individual and Vice President of Collectcorp, and Jim Smith. an individual and Vice President of Collectcorp, Defendants. Civil Term Jury Trial Demanded 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 Couuty Bar Association 32 S. Bedford Street, Carlisle, P A 1-800-990-9108,717-249-3166 NOTICIA Le han demandada a listed PD la =orte. 8i usted q;._Y~ deferldersc de est:as demandas expuet2.s en ~as paginas s_q-,~ en~es, ilstJ!d t;e:-:p \t_entl2 (2Ci d.ias de plaza al partir de 1a fecha de ~a exc~ita 0 en persona 0 por abogado y archivar en 1a corte en for-ma excri~_i1 sus defer:s:'!s () ~~\JS ablee~. iorws a i,~,s cieman':ie, Ia CCJrte ,::omara rned.i das y puede entrar una orden contra listed sin !Jrevic avlso 0 notificac:.on y nor c~a:quier queja c alivlo que iC'S ;>:o;:iido en la :"etic_o;! c5c -::Je:nanch. Usted plli'-:c:k~ p;:'rcl""l ~iinero 0 sus prcpiedades 0 otros derec~os _~portan~~~ pdld ~sted. ~LSVE ES':'I\ DEMAND,;; A UN }"SO(;,;;=lO IJ:vl>IEDI1'\Tf'<.GJE\TE. 5T >jC) TIE.,NE p,BO(:;ADOO SI >JO TIENE EL DINERO SUFICIENTP DE FAC~,L\R TA; ~:E!<\,/-=C:TC)>;, 'JAY.P-. EN :'EPSCW', C\ ~~,A>lE t-;C:\ TELEFONO F. LA OF:::CINA Ci.JYA_ DTREC~:lON SE rIJEDECON.'-):CC~UTr: l\.,SISTE\TT;~ L::::C;['L, IN THE COlJRT OF COMMON PLEAS ClJMBERLAND COlJNTV, PENNSYLVANIA LAURA RUSSELL, Plaintiff. No: 06-72 v. COLLECTCORP Corporation, and Nicholas Wilson. an individual, and CEO of Collect corp, and Karyn Ware. an individual and Vice President of Collectcorp, and Jim Smith, an individual and Vice President of Collectcorp. Defendant. Civil Term Jury Trial Demanded AMENDED COMPLAINT GENERAL ALLEGATIONS 1. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension Uniformity Act 73 P.S. ~2270 et scq. 2. Defendant, Col1ectcorp, is a business entity engagcd in the business of collecting consumer debts in this Commonwealth with a mailing address 455 North Third Street, Suite 260. Phoenix. AZ 85004. 3. Dcfendant Nicholas Wilson. CEO, directs and controls the collection activity and is therefore, a debt collector engagcd in the busincss of collecting debts within this Commonwealth, with a mailing address in the United States of 455 N. 3cJ Street, Phoenix. AZ, 85004, and/or 400 E. VanBuren Street, Phoenix, AZ 85004. 4. Defendant Karyn Ware, VP. directs and controls the collection activity and is thcrefore, a debt collector engaged in the business of collecting debts within this Commonwealth. with a mailing address in the United States of 455 N. 3'" Street. Phoenix, A7. 85004. and/or 400 E. VanBuren Street. Phoenix. AZ 85004. 5. Defendant Jim Smith, VP, directs and controls the collection activity and is therefore. a debt collector engaged in the business of collecting debts within this Commonwealth, with a mailing address in the United Statcs 01'455 N. 3'" Street, Phoenix. AZ, 85004, and/or 400 E. VanBurcn Strcet. Phoenix, AZ 85004. 6. Collectcorp also has otllces in Canada. with a mailing addrcss of 415 Youngc Street. Suite 700, Toronto. Canada, M5B 2E7. 7. Plaintitfbelieves and thereforc avers that detendants knowingly. willfully and intentionally avoided scrvice ofthc original Complaint, in an attcmpt to stonewall litigation and ti'ustratc Plaintiffs case. 8. Plaintitlbelieves and therefore avcrs that the defendant hidcs behind its parcnt company in Canada, repeatedly violating United States laws and then avoiding suit. 9. At all times pertinent hereto, the defendants, Wilson. Ware and Smith directed and controlled the collection activities of Collectcorp. 10. At all times pcrtinent hereto, the defendants, Wilson. Ware and Smith, knowingly, willingly and/or intcntionally. acted alone and in concert to deceive. mislead, contuse and/or otherwise threaten the Plaintitf into paying thc alleged debt. 11. At all times pertinent hereto. the detendants. Wibon, Ware and Smith. are liable under respondenf superior. 12. At all times pertinent hereto. the detendants were negligent in their performance to direct and control collcction activity. 13. At all times pertinent hereto. the ddendants knowingly, intentionally and willfully acted, alonc and in concert, by failing to adequately train collection personnel. 14. Violating provisions of the Fair Debt Collection Practices Act also violate thc Pennsylvania rCEU, 73 P.S. s2270.4(a). 15. On or about Novcmber 23, 2005, agents of the defcndant contacted PlaintilTat her placc of employment. despite being told prior to November 23. 2005. that Plaintitf could not be contacted at work. in an attempt to coerce Plaintitf into paying the allegcd debt. 16. Defendant advised Plaintiff that hc could call her at work and would continue to call her at work. 17. Defendant turther stated that they were charging up to $130.00 per month in interest. 18. Plaintiff has no contract or other written agreement to pay interest to any of the named detcndants. 19. Plaintiff believes and therelorc avers that defendant does not have a valid assignment and is therefore, unlawfully attcmpting to collect the alleged debt. 20. PlaintifT believes and theretore avers that Defendant added inter<:st to the allcged debt, in violation of Pennsylvania law. 21. Defendant otTercd Plainti IT a settlcment olTer. 22. PlaintifTbelieves and therclore avers that making a settlement offer is a prelude to litigation and as such, Plaintiff believcd that litigation was imminent. 23. Defeudant rarely, if ever, tiles suit against consumer debtors as such. any inference of litigation is a violation of the FDCPA COUNT I - PENNSYL VANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. &2270 et seq. Against all Defendants 24. PlaintifThereby incorporates the forcgoing as if fully set torth herein. 25. The FDCPA states that a violation of state law is a violation of the fDCPA. 15 U.S.c. 9 J 692n. Pennsylvania law states, in pertinent part. 18 Pa.C.S. 97311: "U nlawful collcction agency practices. (a) Assignment of claims. It is lawti.Ii for a collection agency, lor the purpose of collecting or enforcing the payment thereoL to take an assignmcnt of any such claim Irom a creditor. ifall of the fi.)lIowing apply: I. The assignment between the creditors and collection agency is in writing; 2. The original agreemcnt betwecn thc creditor and debtor does not prohibit assignments. 3. The collection agency complies with thc act of Dccember 17, 1968... (b. I )Unfair or deceptive methods. It is unlawti.Ii for a collcctor to collect any amount, including any interest, fee, charge or expensc incidental to the principal obligation, unless such amount is cxpressly provided in thc agrcement crcating the debt or is permitted by law." 26. PlaintitTbelieves and therefore avers that defendants violated this provision of Pennsylvania law. 27. Plaintiff further believes that defendants violated provisions of the Fair Debt Colleetion Practices Act as alleged in the General Allegations and Count II. as such. said violated also violate the Pennsylvania rCElJ, 73 P.S. ~2270.4(a). 28. That defendants engaged in unfair methods of competition and unfair or deceptive acts or practices, as detined by FCElJ and the regulations, including but not limited to, violations of 3 7 Pa.Code ~~303.3(3), 303.3( 14). 303.3( 18).303.6 and 73 P.S. ~20 1,2( 4). 29. Detendants' acts as described herein were done with malicious. intentional. willful. reckless, negligent and wanton disregard tor Plainti ffs rights with the purpose of coercing Plaintiff to pay the allcged debt. 30. As a result of the above violations. PlaintitTis cntitlcd to statutory, actual, treble and punitive damages and attorney's tecs and costs, in an amount of not less that $30,000.00. WHEREFORE, plaintitf requests that this Honorable Court issue judgment on his behalf and against detendants for a statutory pcnalty, treble damagcs, punitivc damages, attorney fees and costs pursuant to 73 P.S. ~2270.5. COllNT 11- FAIR DEBT COLLECTION PRACTICE ACT 15 lI.S.C. ~1692 ET SEQ. Against all Defendants 31. Jurisdiction for this action is asscrted 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. 32. Venue lies in this District pursuant to 28LJ.S.C. 1391(b). 33. Plaintiff is an individual and consumer pursuant to IS LJ.S.c. ~1692a(6). 34. Defendant is a debt collector as detined by 15 LJ.S.C. I I 692a(3 ). 35. Agents of the dcfendantmade numcrous telephonc calls to PlaintitT, including a call to Plaintiffs place of employment on Novcmbcr 23, 2005, which are "communications" relating to a "dcbt" as defined by 15 U.S.c. 11692a(2) and I 692a(5). 36. At all pertinent times hereto. the detendant was hired to collect a debt relating to a consumer transaction. (Hereinafter thc "alleged debt.") 37. Defendant communicated with plaintifTon or after one year before thc date of this action, in connection with collection efforts. by letters, telephone contact or other documents, with regard to plaintiffs alleged debt. 38. FDcr A states that a violation of state law is a violation of the FDCP A. 15 U.S.c. !l1692n. Defendant violated Pennsylvania law statcs,l8 Pa.C.S. !l731 L as stated herein. 39. The FDCP A states, a debt collcctor may not use untilir or unconscionable means to collect or attempt to collect any debt. 15 U.S.c. !l1692C Defendant violated this section of the FDCP A. 40. The FDCP A states. a debt collector may not use false, deceptive or misleading representation or mcans in connection with the collection of any debt. 15 U.S.C !l1692e. Defendant violated this section of the FDCPA. 41. The FDCP A statcs, 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 ofa debt. 15 U.S.C !l1692d. Defendant violated this section of the FDCPA. 42. The FOCP A states, a debt collector may not communicate. in connection with thc collection of any deht. with any person other than the consumer. 15 U.S.c. !lI692c(b). Defendant violated this section of the FDCPA. 43. The FDCPA states, it is unlawful to design, eompilc and tllrnish any form knowing that such form would be used to ercate the f~llse believe in a consumcr that a person other than the creditor of such consumer it participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 15 U.S.C !l1692j. Dcfendant violated this section of the FDCPA. 44. The FDCP A provides certain rights to the consumer regarding her right to dispute the allcged dcbt. 15 U.S.C !l1692g. Defendant violated this section ofthe FDCPA. 45. The FDCP A states. a debt collector may not communicate with a consumer at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer [rom receiving such communications. 15 U.S,c. !l1692c(a)(3). Delendant violated this section of the FDCPA. 46. The FDCP A states, it is unlawful to add interest. charges. fees or other costs unless authorized by law or contract: Plaintiff does not have a contract with Defendant. 15 U.S.c. S I 6921' and S 1692e(2)(A) and (B). Defendant violated this section of the FDCP A. 47. Defendant's collection communications were intentionally confusing, misleading and othcrwise deceptive to the Plaintiffs, in violation of 15 U.S.C. S 1692e(5) and (10), SI692f(8) and 01692j. see also, In re Behle, 208 B.R. 658 (E.D. Pa 1977). 48. Defendant's communications created a false sensc of urgency on the past of Plaintiff in violation of the FDCPA. Tolentino v. Friedman, 833 F. Supp. 697 (N.D. III. 1993): Sluvs v. Hand. 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gavnor. 784 F. Supp I (D. Conn. 1989). 49. Any threat of litigation is falsc if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue thc PlaintilT. Bentlv v. Great Lakcs Collection Bureau, 6 F.3d62 (2d Cir. 1998). See also, 15U.s.C. SI692c(5), 15 U.S.c. sI692e(10). 50. At all time pertinent hereto, the delendant was acting by and through its agents. servants and/or employees, who were acting within the scope and course of thcir employmcnt, and under the direct supervision and control of the delendants herein. 51. At all times pertinent hereto, the conduct of defendant as well as their agents, servants, and/or employecs. was malicious. intentional, willti.Il, reckless. negligent and in wanton disregard for lederal and state law and the rights of thc Plaintiff herein. 52. Plaintitf bclieves and there/arc avers that the Defendant's agents made l'alse threats of litigation. 53. Delendant's threat of litigation was false because defendant does not routinely tile suit against consumer debtors, in violation of 15 U.S.c. S 1692e(5) and (10). 54. Delendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.c. sI692e(5) and (10).016921(8) and 01692j. 55. Plaintilfwas confuscd. deceived and believed that litigation was imminent if settlement was not made. 56. The above mentioned acts with supp0l1ing cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 57. Delendant, in its collection etlarts. violated the FDCP A, infer alia, Sections 1692, b, c, d, e, f, g, h. and/or n. 58. Defendant, in its collection etl()[ts. used false or deceptive acts and intended to oppress and harass plaintitr 59. That, as a result of the wrongful tactics of defendants as aforementioned, plaintitfhas been subjected to anxiety, harassment, intimidation and annoyance tor which compensation is sought WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment on Plaintitl"s behalf and against defendants and issue an Order: (A) A ward Plaintitf statutory damages in the amount of One Thousand Dollars ($1,000,(10) for each violation of the FDCI' A or each separate and discretc incident in which defendants have violated the FDCPA. (B) Award Plaintiff general damages and punitive damages tor anxiety, harassment, and intimidation directcd at him in an amount not less than Ten Thousand Dollars ($10,000.00), as wcll as the repetitivc nature of defendants form letters. (C) Award Plaintiff costs of this litigation. including a rcasonable attorney's fee at a rate of$350.00 per hour. for hours rcasonahly expcnded by Plaintitrs attorney in vindicating Plaintitrs rights under the FDCPA, pcrmitted by 15 lJ.S.e. ~1692k(a)(3). (D) Award declaratory and injunctive relief. and such other rcliefas this Honorable Court deems necessary and proper or law or equity may provide. COUNT III - CLASS ACTION, Against all Defendants 60. Plaintitfhereby incorporatcs the toregoing as if fully set torth herein. 61. Federal Rule of Civil Procedure, 23. permits a class action if certain criteria are met 62. The FDCPA permits class action. 15 U.s.e. ~ I 692k(a)(2)(B). 63. Plaintiff believes and therefore avers that all defendants charged unlawful interest, tees and/or charges, in violation of state and federal law, 64. Plaintitfbclieves and therefore avers that all delendants failed to comply with Pennsylvania law, 18 Pa.C.S. ~7311 et seq. 65. This action seeks a declaration that detendants are not permittcd by law to add interest, fees and costs to thc alleged debt. 66. PlaintifTbelievcs and therefore avers that it is defendant's practicc to harass individuals at his or her placc of employment, by ccll phone, as well as harass third parties whcn attempting to collcct alleged consumcr dcbts. 67. This action seeks a deelaration that defendants' collection practiccs violated the FOCP A. 68. The Class consists of all persons who werc unlawfLllly chargcd interest under Pennsylvania law. 69. Thc Class consists of all persons within thc Commonwcalth. who reccived phonc calls at his or her placc of employment or wherein third parties were harassed. 70. Plaintilrs claims are typical ofthc claims of the Class. 71. It is unknown how many letters were scnt by each dcfcndant. as such. Plaintiff believes and therefore avcrs that the numbcr exceeds 100 persons. 72. Common relief is thercforc sought on bchaff of all mcmbcrs ofthc Class. 73. This Class Action is superior to othcr availablc methods for the fair and cfficient adjudication of this controversy. 74. The prosecution of scparatc action by individual mcmbcrs of thc class would create a risk of inconsistent or varying adjudications with respect to the individualmembcrs of the Class, and a risk that any adjudications with respect to the interests of the othcr members of the Class would, as a practical matter. cither be dispositive of the interests of other members of the Class not party to the adjudication or substantially impair or impede their ability to protect their intercsts. Dcfcndants actcd in a manncr applicablc to the Class as a wholc that warrants declaratory relicf. 75. The Plaintiff will fairly and adequate protect and represent thc interests of the Class. The managcment of the Class action proposed is not extraordinarily difficult and the factual and legal issues raiscd will not require extended contact with the mcmbers of the Class because defendant's conduct was perpetrated on all mcmbers ofthc Class and will be established by common proor. Plaintilrs counsel'. attorneys Saracco and Rosen, pmiicipated as attorneys in class actions brought pursuant to thc FDCPA. 76. Given the nature of defendants' practices. it is likely that other consumers in Pennsylvania have been harmed by these practices. 77. The law firm of Krevsky & Rosen, located at 110 I North Front Street, Harrisburg, Pennsylvania, have agrced to enter its appearance as eo-counsel to ensurc that Plaintitl's counsel will have adequate resources to represent the class. 78, This action could be handled as a no,notice class, and is superior to the alternative, hundreds of Pennsylvania residents filing separate FOCI' A actions. 79. Plaintifr respectfully requests that this Honorable Court consider thc frequency and persistence of defendants' non,compliancc, the nature of defendants' non-compliance, and the obvious intentional nature of the defendants by failing to verify whether the collection amount is valid, as requircd by Pennsylvania law. failure to secure the proper authorizations as required by Pennsylvania law and in general, attempting to dcceive Pennsylvania consumers. 80. Plaintiff respectfi.tlly requests that this Honorable Court certify the class and award such amount for each named Plaintitl: $1.000.00, plus such amount as this Honorable Court may allow for all other class members, without regard to a minimum of $500,000.00 or one percent of the net wroth of the debt collector. and attorney fees of$350.00 per hour, and costs as reasonably determined by this Honorable Court. WHEREFORE, Plaintiff respectfully requests that this I Ionorable Court a. Certify the class. b. Appoint Plaintiff to represent thc members of the class, c. Appoint Deanna Lynn Saracco and the law firm of Krevsky & Rosen as counsel for the class, d. Declare that defendants' letter violated the FDCPA, by threatening to report an alleged debt in excess of seven years. c. Declare that defendants' practices of ad cling unlawful collection fees violated Pennsylvania law and the FDCPA, f. Enter.i udgement in favor of PlaintifT and the Class and against Defendants, for statutory damages, costs and reasonable attorney fees in the amount 01'$350.00 per hour, . , . . g. Grant such further reliefas this Honorahle Court deel11sjust and prorer. By: /s/Deann~ L"'~:': C /V<--Vl celT Deanna Lynn Sarac 0 Attorney for Plaintiff 76 Greenl110nt Drive Enola, Pcnnsylvania 17025 Telephone 717-732,3750 Fax 717-728-9498 Email: SaraccoLaw((I)aol.com Dated: 1/26/06 o c- -ni'. C!.. . < --' (~ .:;;...3 (.,"' f , ~ " , <- ':P'" :.z: N -J o 'f1 --< ;f,:n r -om ~')9 .~--~\1 >C) ::')rn -~\ "'.7 :b '< ~ _JiI,.. - ,.' . ," 11\ THE COURT OF COMMON PLEAS CUMBERL\;'m COl,NTY, PENNSYLVANIA LAURA RUSSELL. No: 06,72 Plaintin: v. COLLECTCORP Corporation. and Nicholas Wilson. an individual. and ('I:() of Collectcorp. and Karyn Ware. an individual and Vice President or Collectcorp. and .Iim Smith. an individual and Vicc President of Collcctcorp. Defendant. Civil IeI'm .lu", I rial Demanded IMPORTANT NOTICE TO: Nicholas Wilson. CEO Karyn Warc. Vice President .Iim Smith. Vice President CollcetCorp Corporation 455 N. .1'" Street Phoenix. AI.. S5004 DATE OF NOTICE: FEBlUJARY 22, 200(, YOU ARE IN DlT;\ULI I\I(';\\SI. 'lOll IIA VI F;\ILED TO ENTER A WRITTEN APPEARANCE PI:RSONALL'l Ol{ 1J'l ArlORNF'l AND FlU: [N WRITING WITH THE COURT YOUR DLFLNSES OR Oll.llCIIONS TO TilL CI.AIMS SET FORTH AGAINST YOU. UNLESS YOl, ACT WITHIN TEN (10) I)A YS FROM THE DATE OF THIS NOnCE, A JUDGEMENT MA Y BE ENTERU) ACiAli'\ST YOl! W[THOl!T A HEARING AND YOU MAY LOSE YOUR PROPERTY OR Oll!l-R IMPORTA:--.IT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO !'i01 HA VI' A LAWYER OR CANNOT AFFORD ONE. GO TO (lR III .11'[ lONE TilL [:OI.LOWING OFFICE TO FIND OUT WHERE YOU CAN GET LI( iAIIIFLP. Cumbcdand County Ba,' Association 2 Lihcl'ty Avcnue Carlislc, PA 717-249-31(,(, SOO-990-910S r^: /\L ('7) Deanna Lynn Saracco. Esquirc 76 Greenmont Drive. Enola, PA 17025 (717) 7.12,.1750 Attorney I(l!' Plainliff c:: C) -.,.- l'; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA LAURA RUSSELL, No: 06-72 Plaintiff, v. COLLECTCORP Corporation, and Nicholas Wilson, an individual, and CEO of Collectcorp, and Karyn Ware, an individual and Vice President of Collectcorp, and Jim Smith, an individual and Vice President of Collectcorp, Defendant. Civil Term Jury Trial Demanded PRAECIPE TO WITHDRAW. WITH PREJUDICE And now comes Plaintiff, by and through her attorney, Deanna Lynn Saracco, and files this Praecipe to Withdraw, with Prejudice, the above captioned matter as the parties have amicably Dated: 5/24/06 This case is now discontinued, please mark this case CLOSED. By: /s/De~:Xacco Deanna Lynn Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, Permsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com settled their dispute. I hereby certify that a true and correct copy was served upon defendant, via U.S. First Class Mail, as follows: Sharon M. O'Donnell, Esquire (FDCP A) Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburgt, P A 17112 5/24/06 /s/De~cco 0 "" c = 0 C'.:> ;;::.,.. "'" -n i.;i~ :::: -I I v' I -< rn~ N --nm ....,.'~r- U1 :_^J-," 'Jr';'" ~ .:.:i:=:._f ;;j-i:~ _. ~,.(~ ~: ~ ::."}m L:'" ::::., =< U1 ~ J;:"