HomeMy WebLinkAbout06-0073
IN THE COURT OF COMMON PLEAS
CUMBERLAND COlJNTY, PENNSYL VANIA
RONALD TUDOR,
Plaintift~
No 6'- - 7.3
8ui l ~""l
v.
HEBDITCH & ALBERT. INC.,
Defendant.
JURY 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
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 County Bar Association
32 S. Bedford Street, Carlisle, P A
1-800-990-9108,717-249-3166
NOTICIA
Le han demandado a usted erl 13 corte. Si usted quire defenderse de
estas der:landas expuetas en las paginas siquientes, ;lsted tiene viente (20)
dias de plaza a1 partir de 1a fecha de la excrira 0 en persona 0 par abogado y
archivar en ]a corte en forma excrita sus defensas 0 50S objectiones alas
demande, 1a corte tomara medidas y puede entrar una o~den co~tra listed sin
previa aviso 0 notificacion y par cualq~ier queja 0 alivia que es pediae en 1a
peticion de demanda. Usted puede perder dinero c sus prop~2dades 0 atras
derechcs importantes para usted.
LT"EVE ESTF, 8EMi\NDA ,"4. ~)N .ABOC:;l'l.DO Irvn,lEIJI.t:\.TAGH=N'~E. S1 NO 'IlENE ABO(~lH;c)O S1
NO TIENE EL DINERO SUFICIENTE DE ?AGAR TAL SERVICrON, VAYA ~N PERSONA 0 ~LAME
POR TE~EFOt\;O F. LP. OFTCINA. CUYA DIs:.ECC10N Sf: PUEDSCONSECU:iR l\SISTENCIALEGI~L.
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IN THE COlJRT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD TUDOR,
Plaintiff,
No Of- - 73
C;()lt'-r-~
v,
HEBDlTCH & ALBERT, INC.,
Defendant.
JURY TRIAL DEMANDED
CIVIL TERM
COMPLAINT
COUNT I
1, Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension
Uniformity Act 73 P,S, !i2270 et seq,
2, Defendant, Hebditch & Albert, 1nc" is a business entity engaged in the business of
collecting consumer debts in this Commonwealth with a mailing address 1045 Taylor
Avenue, Suite lOS, Baltimore, MD, 21286,
3, Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P,S, !i2270.4(a),
4, That defendant engaged in unfair methods of competition and unfair or deceptive aets or
practices, as defined by FCEU and the regulations, including but not limited to, violations
of37 Pa,Code 99303,3(3), 303,3(14),303.3(18),303.6 and 73 P,S, 9201-2(4),
5, Detendant's aets as described herein were done with malicious, intentional, willful,
reckless, negligent and wanton disregard for Plaintiffs rights with the purpose of
coercing Plaintitfto pay the alleged debt.
6, As a result of the above violations, Plaintilfis entitled to statutory, actual, treble and
punitive damages and attorney's lees and costs,
WHEREFORE, plaintiff requests that this Honorable Court issue judgment on his behalf
and against defendants for a statutory penalty, treble damages, punitive damages, attorney fees
and costs pursuant to 73 P,S, ~2270,5,
COUNT II
7, Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act,
15 U,S,c. ~]692, et seq, ('TDCPA"), particularly 15 U,S,c. ~ 1692k(d) and 28 U,S,c.
~1337,
8, Venue lies in this District pursuant to 28 U,S,c. 1391(b),
9, Plaintiff is an individual and consumer pursuant to 15 LJ,S,c. ~1692a(6),
10, Defendant is a debt collector as defined by 15 U,S,c. 11692a(3),
II, Defendant made numerous telephone calls to Plaintit1~ including a cals to Plaintiffs place
of employment between November and December 2005, which are "communications"
relating to a "debt" as defined by 15 U,S,c. I I 692a(2) and 1692a(5),
12, At all pertinent times hereto, the defendant was hired to collect a debt relating to a
consumer transaction, (Hereinafter the "alleged debt.")
13, Defendant communicated with plaintiff on or after one year before the date of this action,
in connection with collection efforts, by letters, telephone contact or other documents,
with regard to plaintiffs alleged debt
14, On or about November 16,2005, defendant contacted Plaintiff at his place of
employment despite being told prior to that date, that Plainti ff could not be contacted at
work, in an attempt to coerce Plaintit1' into paying the alleged debt.
15, The name of the individual contacting Plaintiff was Tim Albert
16, Defendant advised Plaintiff that he could call his place of employment
17, Defendant also advised Plaintiff that he was permitted by law, to contact his superior
officers, namely, his commander, to discuss the alleged debt.
18, Plaintiff informed defendant that he does not owe the money, and so informed the
defendant.
19, Defendant insisted that Plaintiff could settle for one third the value and that PlaintiWs
credit report would be clearcd,
20, Defendant further advised Plaintiff that the only way to clear Plaintitl's credit report was
to pay Mr. Albert and the detendant collection agency,
21. The alleged debt was charged off in 1998, and thus, is more than 7 years old,
22, Pursuant to the Fair Credit Reporting Act. any debts. real or alleged, anlecedant by 7
years, are to be removed from the credit report.
23, Plaintiff believes and therefore avers that the threats made by agents oflhe defendant
were false, misleading, deceptive and intended to maliciously and with reckless disregard,
coerce Plaintitf into paying the alleged debt.
24, FDCPA states that a violation of state law is a violation of the FOCI' A. 15 U,S,c.
S 1692n, Pennsylvania law states. in pertinent part, 18 Pa,C ,S, S 7311 :
"Unlawful collection agency practices,
(a) Assignment of claims, It is lawful for a collection agency, for the purpose of
collecting or enforcing the payment thereof. to take an assignment of any such
claim from a creditor, ifall of the following apply:
1, 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. 1968,..
(b.l )Unti:tir or deceptive methods, It is unlawful for a collector to collect any
amount, including any interest, fee, charge or expense incidental to the principal
obligation. unless such amount is cxpressly provided in the agreement creating the
debt or is permitted by law"
25, Plaintiff believes and therefore avers that detendant does not have a valid assignment and
is therefore, unlawfully attempting to collect the alleged debt.
26, Plaintitfbelieves and therefore avers that Defendant added interest to the alleged debt, in
violation of Pennsylvania law,
27, Defendant offered Plaintiff a settlement ofter.
28. Plaintiff believes and therefore avers that making a settlement ofter is a prelude to
litigation and as such, Plaintitl'believed that litigation was imminent.
29, Defendant rarely. if ever, files suit against consumer debtors as such, any inference of
litigation is a violation ofthe FDCP A,
30, The FDCPA states, a debt collector may not use unfair or unconscionable mcans to
collect or attempt to collect any debt. 15 U,S,C, ~1692f. Defendant violated this section
of the FDCPA,
31, The FDCP A states, a debt collector may not use talse, deceptive or mislcading
representation or means in connection with the collection of any debt. 15 USe. ~ 1692e.
Defendant violated this section of the FDCPA,
32, The FDCP A states, 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 of a debt. 15 U.S,e. ~ I 692d, Defendant violated this section of the FDCP A
33, The FDCPA states, a debt collector may not communicate, in connection with the
collection of any debt, with any person other than the consumer. 15 U,S,c. SI692c(b),
Defendant violated this section of the FDCPA.
34. The FDCPA states, it is unlawful to design, compile and turnish any form knowing that
such form would be used to create the 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, \5 U,S,c. S 1692j, Defendant violated this section of the FDCP A,
35. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 U,S,c. S1692g, Defendant violated this section ofthe FDCPA.
36, 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. S I 692c(a)(3), Defendant violated this section of the FDCP A.
37, 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 692f and sI692e(2)(A) and (B), Defendant violated this section of the
FOCI' A,
38, Defendant's collection communications were intentionally confusing, misleading and
otherwise deceptive to the PlaintitTs, in violation of 15 U,S,c. S 1692e(5) and (10),
SI692t(8) and S1692j, see also, In re Belile, 208 8,R, 658 (E,D, Pa 1977),
39, 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 (ND, Ill. 1993); Sluvs
v, Hand, 831 F, Supp, 321 (S,D,N,y, 1993); and Rosa v, Gavnor, 784 F, Supp I (D,
Conn, 1989),
40, Any threat of litigation is talse if the detendant rarely, sues consumer debtors or if the
defendant did not intend to sue the Plaintiff. Bentlv v, Great Lakes Collection Bureau, 6
F,3d 62 (2d Cir. 1998), See also, 15 U,S,C, ~1692e(5), 15 U,S,C, ~1692e(JO),
41, At all time pertinent hereto, the detendant was acting by and through its agents, servants
and/or employees, who were acting within the scope and course oftheir employment, and
under the direct supervision and control of the defendants herein,
42, At all times pertinent hereto, the conduct of detendant as well as their agents, servants,
and/or employees, was mal icious, intentional, wi IIful, reckless, negligent and in wanton
disregard tor tederal and state law and the rights of the Plaintiff herein,
43, Plaintiff believes and therefore avers that the Detendanfs agents made false threats of
litigation,
44, Detendant's threat oflitigation was false because detendant does not routinely tile suit
against consumer debtors, in violation of 15 U,S,C, ~ J 692e(5) and (10),
45, Defendanfs letters were intentionally confusing and deceptive, in violation of 15 U,S,c.
~ l692e(5) and (10), 91692f(8) and ~ I 692j,
46, Plaintiff was confused, deceived and believed that litigation was imminent if settlement
was not made,
47, The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages,
48, Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n,
'.
49, Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff,
50, That, as a result of the wrongful tactics of defendants as aforementioned. plaintifl has
been subjected to anxiety, harassment, intimidation and annoyance for which
compensation is sought.
WHEREFORE, Plaintifl 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 orOne Thousand Dollars
($1.000.00) for each violation of the FDCPA or each separate and discrete
incident in which defendants have violated the FOCI' A,
(B) Award Plaintiff general damages and punitive damages for 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 defendants form letters,
(C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
rate of $3S0.00/hour for hours reasonably expended by his attorney in vindicating
his rights under the FOCI' A, permitted by 15 U,S,c:. 91692k(a)(3),
(D) Award declaratory and injunctive relief. and such other reliefas this Honorable
Dated: 1/4/06
Court deems necessary and proper or law or equity may provide,
By: Is/Deanna L nn Sara o.
Deanna Lynn Saracco
Attorney for Plaintiff
76 Greenmont Drive
Enola. Pennsylvania 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
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RONALD TUDOR,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
HEBDITCH & ALBERT, INC.,
Defendant
: NO, 06-73 CIVIL TERM
: JURY TRIAL DEMANDED
DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
I. Lack of Jurisdiction over Subject Matter and Improper Venue
I, Plaintiff s complaint fails to identify the Plaintiff and therefore does not identify
the county in which Plaintiff resides at the commencement of the action and therefore
jurisdiction cannot be established,
2, Plaintiffs complaint fails to identify the Plaintiff and therefore proper venue
cannot be established,
II. Failure of a Pleading to Conform to Rule of Court
3, Paragraphs 4, 5, 30, 31, 32, 33, 34, 35, 36,37,38,39,42,43,45,47,48 and 49
fail to state the material facts supporting the allegation in concise and summary form and
therefore violate Pa,RC.P, 1019(a),
4, Paragraph II makes an averment of time but fails to specifically state the times
alleged in violation ofPa,RC.P, IOI9(f),
5, Paragraph 13 identifies a writing upon which the claim is based but fails to attach
a copy ofthe writing in violation ofPa,RC.P, 1019(i).
6, Plaintiffs request for reliefrequests unliquidated damages which claim a specific
sum in violation ofPa,RC.P, l021(b).
. -~
7, Plaintiffs request for relief fails to state whether the amount claimed in damages
does or does not exceed the jurisdictional amount requiring compulsory arbitration under the
Cumberland County rules of procedure thus violating Pa,RC.P, 1021(c),
8, Plaintiffs complaint is not verified by Plaintiff thus violating Pa,RC,P, 1024,
WHEREFORE, Defendant requests this Court to strike Plaintiffs complaint.
Respectfully submitted,
~
J es K. Jones, Es
ttomey for Defi
7 Irvine Row
Carlisle, PA 17013-3019
(717) 240-0296
Fax (717) 240-0066
jkjones@pa,net
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD TUDOR.
Plaintiff
No: 06-73
v,
HEBDITCH & ALBERT. INC
Defendant.
JURY TRIAL DEMANDED
CIVIL TERM
Praecipe to Discontinue/Withdraw WITHOUT P.'ciudice
AND NOW, comes. Plaintiff: by and through his counsel. and fdes this Praecipe to
Discontinue/Withdraw the above captioned easels) WITHOLT prejudice. pursuant to P,R,C.P,
229(a), The Plaintifr plans to restructure thc Complaint and re-file samc in Federal Court as the
primary claims alleged against the defendant arc pursuant to Federal Law,
Dated: 1/30/06
.\ I
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By: Is/Deanna U/nn"s--araceo
Dcanna Lynn Saracco. Attorncy for PlaintifT
76 Greenmont Dr/. Enola. [> A 17025
Telephone 717-732-3750
Email: SaraecoLawi(/}aol.eom
Certificatc of Service:
I hereby certify that a true and correct copy of the I<)rgoing was served on attorney f()r
defendant via l),S, First Class mail as follows:
James K, Jones. Esquire
7 Irvine Row
Carlisle. PAl 7013
Dated: 2/3/06
By: _
){l tJs-.
Deanna Lynn Saracco
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