HomeMy WebLinkAbout06-0361
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
JOSEPH A. THORN.
Plaintiff
CIVIL ACTION - JURY TRIAL
DEMANDED
v.
CREDITOR RECOVERY CORP.. and
MIDCOAST CREDIT CORP.. and
CHASE MANHATTAN BANK, and
J I' MORGAN CHASE,
Defendants.
01., - dl-f
CluiL'-&~
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 a~torney and
filing in writing with tte court your defenses or objections to
the claims set forth against you. You are warned ttat 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
1-800-990-9\ 08, 717-249-3 t 66
NOTICIA
~e han de::nandado a ,)st::ed d la (:()y'te. ::J~:l:~ted defender.,,:C'; rie
estas dema~da~ expuetas e~ lo paginas siguie~~es, -sted t:18ne vient(~ (2C)
didS de plazo dl partir de la. fe.:-:,!--',,--' de ,~d 'COX -:,' ta ':.l en ~)ersona () por d[;<>:;)dOO Y
archivar erl 1a corte 8n for~a ezcr td sus deferi~as ~,A2 ectiones alas
dema:lde, la corte tomara med'..casy puc,cJe ;:::::-:-r.,:;r 1111;1 urden '.~GntY:j ustecl ,c,i,'i
previa aviso 0 noti::'icac-=-on Y Ix;r ,=,":.,,::c.Iqujiccy ilJ j'Jic, ql.Vc cs 8.0 en Ii]
peticion de derr.2,nda.. Usted ;::~'ucdc pe!'der ciirlcTo (; .'Cus c',~l)pieciades oot:"os
derechos importantes para usced.
~LEVE ESTA DEYL4N=:J,A l~ U~',: P..D(-)(~A.DO n,JtI)E~IP..'::'AJvJF:NT2. SI ['K) T-=-ENE: .4U()CADOO S=
NO TTENS EL DINt.:RO SUFICIENTE: ~lF, 21!"GI\.R TAL SF,P,\lIC:I()N, ;JP-.Yl\ Et,~ ::-'ER:::,ONP-. () :LLAt".!E
POR TELEFONO 1\ LA OFI(-:I\:,D., (""\,'1\ L=RECC'ON :~;E P:;E]F,CO~~SE~~;:,;IH 1::'.ST:;TENCIl'~ LEC;A,L,.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLV ^NIA
JOSEPH A. THORN,
Plaintiff:
v.
CIVIL ACTION - JURY TRIAL
DEMANDED
CREDITOR RECOVERY CORP" and
MlDCOAST CREDIT CORP.. and
CHASE MANHATTAN BANK, and
J I' MORGAN CHASE,
Defendants.
ot.. - -1{gJ
C',u',LI8LL
COMPLAINT
And now comes Plaintiff, by and through his counsel, and liles this Complaint and in
support thcreot: avers the tollowing:
GENERAL ALLEGATIONS
I. Jurisdiction tor this Action is assertcd under the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. ~2270 et seq.
2. Defendant Creditor Rccovery Corporation, is a busincss entity, engaged in the business of
collecting consumer debts in this Commonwealth with a mailing address of24100 EI
Toro Road, Ste D-328, Laguna Woods, CA, 92637.
3. Defendant Midcoast Credit Corp., is a business entity that is engaged in purchasing
consumer debts in default and thcn attempting to collect on said debts, with a mailing
address of 625 North Flagler Drivc, Suite 625. West Palm Beach, FL, 3340 I.
4. Defendant Chase Manhattan Bank and J P Morgan Chase, (hereinafter collectively known
as "Chase") are creditors, who engage in the business of cxtending credit as well as
collections, within this Commonwealth. with a mailing address of P. O. Box 15298,
Wilmington, DE, 19850-5298.
5. Defendant Chase at all times pertinent hereto. was acting as a dcbt collector and as such,
is liable under both state and federal law.
6. Jurisdiction for this action is asscrted pursuant to the Fair Debt Collection Practices Act.
15 U.S.c. 91692, et seq. ("FDCPA"), particularly 15U.S.C. 91692k(d) and 28U.S.C.
91337.
7. Venue lies in this District pursuant to 28 U.S.c. 1391(b).
8. PlaintifTis an individual and consumer pursuant to 15 U.S.c. 91692a(6).
9. Creditor Recovery Corp" and Midcoast Credit Corp.. are debt collectors and conduct a
business entity engaged in thc business of collecting debts in this Commonwealth and is a
debt collector as delined by 15 U.S.c. I I 692a(3).
10. Defendant Chase Manhattan Bank and J P Morgan Chase, (Hereinafter collectively
referred to as "Chase") are business entities engaged in extending consumcr credit as well
as collecting dclinquent accounts, and arc liable for unfair business practices under both
state and federal law.
II. Defendant Midcoast Credit Corp.. is also in the business of purchasing consumer debt in
default and then attempting to collect those alleged debt. as such, is a debt collector as
defined by 15 U.S.C. 11692a(3).
12. At all pertinent times hereto. the defendants were attempting to collect a debt relating to a
consumer transaction. (Hereinafter the "alleged debt.")
13. Defendants communicated with plaintifT on or after one year before the date of this
action, in connection with collection efTorts. by letters. telephone contact or other
documents. with rcgard to plaintitrs alleged debt.
14. On or about September 2. 2005. Defendants Chase sent a collection letter to Plaintiff as
well as made numerous calls to Plaintiff and his employcr, which are communications
relating to a "debt" as defined by both state and fcderallaw. 15 U.S.c. 11692a(2) and
l692a(5). (Attached as Exhibit A.)
IS. Agents of Chase made telcphone calls to Plaintitf, which contained false. misleading,
confusing and harassing statements, including, threats of litigation, threats of wage
attachment, abusive behavior as well as name-calling.
16. Agents of Chase discussed thc alleged debt with third parties, which violated the
Plaintitl's right to privacy.
17. Agents of Chase frequently harassed Plaintiffs place of employment, by contacting
Plaintiffs employer's his cell phone and discussing the alleged debt with Plaintiffs
employer.
18. Agents of Chase harassed PlaintitTs employer, was rude, belligerent and insulting to
Plaintiffs employer.
19. Agents of Chase caused Plaintiff to be separatcd ti'om hisjob as a result of repeated
harassment.
20. On or about October 20,2005, Defendant Creditor Recovery Corp., and Midcoast Credit
Corp, drafted and mailed, to the Plaintitf via U.S. mail, collection or "dunning"letters, in
an attempt to coerce Plaintitf into paying the alleged debt. (Letters attached as Exhibits
Band C)
21. At all times pertinent hereto. the detendants were acting in concert to confuse, deceive.
coerce and in general, create a false sense of urgency on the pati of the Plaintiff with
respect to the alleged debt.
22. Plaintiff belicves and thereforc avers that defendants, acting in concert, intentionally,
maliciously, and willllllly, confused Plaintiff into belicving that he owed multiple debts to
multiple companies.
23. Plaintiff believes and therefore avcrs that the defendants, acting alone and in concert,
failed to all"ord Plaintiff the opportunity to dispute the alleged debt, intercst charges, late
fces and/or other amounts added to his alleged account.
24. Defendants, acting alone and in concert, demanded the balance in fulL never afl"ording the
Plaintiff an opportunity to set up partial payments.
25. Plaintiff believes and therefore avers that the allcged debt was sold to a third party. in
violation of Pennsylvania law.
26. Plaintitl" believes and therefore avers that transfer of the alleged debt, created a benefit to
the defendants involved in the transfer, and any attempt to collect the alleged amount is
deceptive, misleading and/or fraudulent.
27. Each defendant. acted alone and in concert, made threats of litigation against Plaintitf.
28. Plaintiff believes and therefore avers that defendant Chase, Creditor Recovery Corp., and
Midcoast Credit Corp., acted alone and in concert in order to mislead, confuse and
deceive the Plaintiff as well as the least sophisticated consumer.
29. Defendants are liable for each other actions under principal/agent theories as well as the
FDCPA.
30. Defendant Chase, selected, directed and controlled its agents' collection practiccs.
COUNT 1- PENNSYLVANIA FAIR CREDIT
EXTENSION UNIFORMITY ACT 73 P.S. ~2270 et seq.
(Against Chase. Credit Recovery Corp.. and Midcoast Credit Corp.)
31. Plaintiff hereby incorporates the foregoing as if fully setlorth hcrein.
32. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U.S.c.
S 1692n. Pennsylvania law states. in pertinent part, 18 Pa.eS. 97311:
"U nlawful collection agency practices.
(a) Assignment of claims. It is lawflll for a collcction agency, for the purpose of
collecting or enforcing the payment thercof to take an assignment of any such
claim from a creditor, if all ofthc following apply:
1. The assignment between the creditors and collection agency is in writing;
2. The original agrecment betwcen the creditor and dcbtor does not prohibit
assignments.
33. Plaintiff believes and therefore avers that defcndants violated this provision of
Pennsylvania law.
34. PlaintilT further believes that defendants violated provisions of the Fair Debt Collection
Practices Act. as alleged in Count II, as such, said violated also violate the Pennsylvania
FCEU, 73 P.S. 92270.4(a).
35. That defendants cngaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by FCEl! 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).
36. Defendants' acts as described herein wcre done with malicious, intentional. willful,
reckless, negligent and wanton disregard fi.lr PlaintifTs rights with thc purpose of
cocrcing Plaintiff to pay the alleged dcbt.
37. As a result of the above violations, PlaintifTis entitled to statutory. actual, trcble and
punitive damages and attorney's fees and costs, in an amount of not less that $30,000.00.
WHEREFORE, plaintiff requests that this Honorable Court issue judgment on his behalf
and against defendants f'Jr a statutory penalty, treble damages. punitive damages, attorney fees
and costs pursuant to 73 1'.5. 02270.5.
COUNT 11- FAIR DEBT COLLECTION
PRACTICES ACT 15 U.S.c. ~1692 et seq.
(Against Chase, Credit Recovery Corp.. Midcoast Credit Corp.)
38. Plaintiff hercby incorporates the forcgoing as if fully set forth hcrein.
39. The FOCI' A states that a violation of state law is a violation of the POCP A. 15 U.S.C.
o 1692n. Defendants violated 18 Pa.C.S. 07311.
40. The FDCPA states, a debt collector may not use unfair or unconscionable means to collect
or attempt to collect any debt. 15 U.S.c. 01692f. Defendants violated this section.
41. The PDCPA states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any dcbt. 15 U .S.C. 01692e.
Defendant violated this section of the PDCPA.
42. 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. t 5 U.S.c. 01692d. Defendants violated this section of the FDCP A.
43. The FDCP A states, a debt collector may not communicate. in connection with the
collection of any debt, with any person othcr than the consumer. 15 U.S.c. 01692c(b).
Defendants violated this section of the FDCPA.
44. The FDCPA states, it is unlawfi,ll to design, compilc and furnish 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. 15 U.S.C. ~ I 692j. Defendants violated this section of the FDCP A.
45. 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. ~1692fand ~1692e(2)(A) and (B). Defendants violated this section of the
FDCP ^-
46. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt. 15 U.S.c. ~1692g. Defendants violated this scction of the FDCPA.
47. The FDCPA states, a debt collector may not communicate with a consumer at the
consumer's placc 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. ~ I 692c(a)(3). Defendants violated this section of the FDCPA.
48. Defendants, individually and collectively, made their collection communications
intentionally confusing, misleading and otherwise deceptive to the Plaintiffs, in violation
of 15U.S.C. ~1692e(5) and (10). ~1692f(8) and ~1692j, see also, In re Belile. 208 B.R.
658 (E.n. Pa (977).
49. Defendants, individually and collectively, 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. Ill.
1993); Sluys v. Hand, 831 F. Supp. 32 \ (S.D.N.Y. 1993); and Rosa v. Gavnor, 784 F.
Supp I (D. Conn. 1989).
50. At all time pertinent hereto, the defendants were acting by and through its agents,
servants and/or employees, who wcre acting within the scope and course of their
employment, and under the direct supervision and control of the defendants herein.
51. At all times pertincnt hereto. the conduct of defendants. as well as their agents, servants,
and/or employees, was malicious. intentional, willful. reckless, negligent and in wanton
disregard for federal and state law and the rights of the Plaintiff herein.
52. Plaintiff believes and therefore avers that agents of the defendants made false threats of
litigation.
53. Defendants threat oflitigation was false because defendant does not routinely file suit
against consumer debtors. in violation of 15 U.S.c. ~ I 692e(5) and (10).
54. Dcfendants letters were intentionally confusing and deceptive. in violation of 15 U.S.C.
~1692e(5) and (10), ~16921~8) and ~1692j.
55. Plaintiff was confuscd, deceived and believed that litigation was imminent if settlement
was not made.
56. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rises to the levelnceded for punitive damages.
57. Defendant, in its collection etl()rts, violated the FDCP A, inter alia. Sections 1692. b, c,
d, e. t: g. h. and/or n.
58. Defendant, in its collection efforts. used false or deceptive acts and intended to oppress
and harass plaintiff.
59. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has
been subjected to anxiety. harassment. intimidation and annoyance for which
compensation is sought.
WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment
on his behal f and against defendants and issue an Order:
(Al Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00)
for each violation of the FDCp A and/or each separate and discrete incident in which
each of the defendants' have violated the FDCPA and for which Plaintiff could have
filed a separate action but consolidatcd her claims for judicial economy.
(B) Award Plaintiff general damagcs 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 detendants form letters.
iQ) Award Plaintiff costs of this litigation, including a reasonable attorncy's fee at a rate of
$350.00/hour for hours rcasonably expended by his allorncy in vindicating his rights
under the FDCPA. permitted by 15 U.S.c. S I 692k(a)(3).
(D) Award declaratory and injunctive relief: and such other relief as this Honorable Court
deems necessary and proper or law or equity may provide.
COUNT III - RESPONDENT SUPERIOR - AGAINST CHASE
60. Plaintiff hereby incorporates the foregoing as if fully set t(lrth herein.
61. Defendant Chase is liable under a Respondent Superior or Vicarious Liability theory for
the actions of its agents.
WHEREFORE, Plaintiff has incurred damages and respectfully requests that this
Honorable Court enter judgment is his favor and against Defendant Chase in an amount in excess
of$30,000.00, together with costs of suit and attorney tees where applicable by statute.
COUNT IV - PRIVATE NUISANCE - AGAINST CI lASE
62. Plaintiff hereby incorporates the toregoing as if tully set torth herein.
63. The conduct of de tend ant's agents harassed Plaintiff, his employer and his girlfriend, and
became a nuisance in that their conduct was the legal cause of the invasion of Plaintiff's
private use and enjoyment of his home.
64. Defendant's invasion was intentionaL unreasonable and/or reckless and negligent.
65. Defendant caused Plaintiffs telephonc to ring repeatedly.
66. Defendant discussed the alleged debt with Plaintiffs employer and cause Plaintiff to be
harassed, intimidated and gcncrally uncomfortable at work and to be contacted at home
regarding defendant's conduct by his employer.
67. Defendant discussed the alleged debt with Plaintiffs girlfriend, at his home, causing
PlaintifTto be harassed, intimidated and gcnerally uncomfortable at home.
WHEREFORE, Plaintilf.has incurred damagcs and respectfully requests that this
Honorable Court cnter judgment is his favor and against Defendant Chasc in an amount in excess
of$30,000.00, together with costs of suit and attorney fees where applicable by statute.
COUNT V - DEFAMATION OF CHARACTER, LIBEL AND SLANDER PER SE
AGAfNST CHASE
68. Plaintiff. hereby incorporates the forgoing as if fully set forth herein.
69. Agents of defendant discussed Plaintiffs financial problems with Plaintiffs employer
and girlfriend.
70. Agents ofdetendant repeatedly made disparaging comments about Plaintiff to his
employer and his girlfriend, stating that Plaintiff. refused to pay his alleged debts, that
Plaintiff. was a deadbeat, that Plaintiff. was breaking the law by not paying his alleged
debts and that Plaintiff was hiding fi-om his creditors.
71. These statements are false, defamatory and otherwise harassing to Plaintiff.
72. It is extreme and outrageous to discuss Plaintitrs financial matters with third parties.
73. It is extreme and outrageous to contact Plaintiffs employer and make lalse statements.
74. As a result of defendant's defamatory statements, Plaintiff is entitled to damages, per se.
WHEREFORE. PlaintilThas incurrcd damages and respectfully requests that this
Honorable Court enter judgment is his favor and against Defendant Chase in an amount in excess
of $30,000.00, together with costs of suit and attorney fees where applicable by statute.
Dated: 1117/06
By: Is/Deanna Lvnn S
Deanna Lynn Saracc(,
76 Grecnmont Drive
Enola, Pennsylvania 17025
Telephone 717-732-3750, Fax 717-728-9498
Email: SaraccoLaw@aol.com
Car'drn'3;mber ;;erv.i(;E;
2.0. Rox 15~4S
W~lmingtDn. DE ~9886-5S48
CHASE 0
Sef..terrtbel:' 02, 2(;0:::'
=
U39070
-.
-"
~';;
._~
----;-::
~o
~~
=0
_rl
--
=~
Joseph A Thorn
596 Magaro Rd
(nola PA 17025-2945
111111111.111111111.1.111"11.11.1...1..1.1.'.11'1,.11..11,111
-
-
Account: ~1794552692:351'!
Dear J3sepn A Thorn,
"Je can help you c;,-et c'-lntr;Jl of Y\..')'"!.; bd1.dDCe ':odQV ~
v.~e'V0 noticed tbdt your ct'e\1it card is past due. "it;-=: \.;ant. to:::, trll k Lu yen)
ahour some of Qur COnVell)E::;1t money-:sa'Jing l-llans.
;:f you q'..lal.Lty for: Ort.:: G~ 01,[ ~"-':Jf;y-sav::.nq pZlym('nl pl<3n.s, "iC (;Ol.n he~[>
you:
* qa:.n ccn.tr()) of 'y'OlH fir,::irtc<:::s;
establish finc;ftciaJ peace of :nirKl; a.nd
bc'gin rebuilding your credj t ratlng.
Don't let this situation get any wors0. F",ilure .~C; mak€- payment can
negatlve:ly impac:: '.l'Qur cred:..t rat.ir19 tot year:3 to COli!E'. Please call us
today at 1-8QO"'5H'7-01:]6. By working tog",:-h<2:r, ,.;e Ca.D Lind a payment
sOlution Lha: fits YOllr necd~.
Sirl:.~erely,
Customer SUppOl:t Civislorl
ACC0Un~ is ownEd by Cf--.dS":; Bdnk DSi1, N.h..
Cal is may be mor-ito.::eci. and/or .:::ecot<'ie,j tG 81l5UlE: the higLe5t :evcl 0-:
quaJ,ity $erV~ce.
L,:JLJ(,"
\'0/
86v6-821.-l.fl.
o~ae~&S UU~I euueaa
~8C:80 SO 80 uer
CREDITOR RECOVERY CORPORATION
24100 El Toro Road, Ste. D-328
Laguna Woods, CA 92637
Phone: 800-856-1174 Fax: 800-856-1175
October 2(" 2005
PERSONAL & CONFIDENTLt\.L
JOS~PH THORN
596 V~G~~O ROAD
BNO~~ PA 170~5-2945
Our ?ile: 4965C
C:tedi tor: tvJIDCOJ\S7 CRJ-:"".;DIT CORP.
_O~inal CredihQ~;_CB8~~ ~UUir~TT~~_3P~~_
Your ACC0unt: 51:9~552692/3~17
3a,:,ance F.mount; $l51) .12
Dear Joseph A Thorn:
Creditor Recovery Ccrporation has been engeged by MIDCOAS'f Ci{ED!T CORP.
to as~is': ir: the collection 0:' the oblicJati_on yOt: irj(::urred '.yj-ch
CS.ASE MANHATT!'iN 3AUE in the amccnt of $1512.12.
Demand is hereby rr.adc [or payment. _n full :::'if U~e b2..':'anc0 <-LIe.
If :.{ou agree tha:: YOl:. owe t~e .J.nLour.t sr;OHn above, pleas(--: rr.ake your: chect,
cashier's chec>~, or mO:1ey crder fo:r the balance iu tul: 9d'y'dble to
CrEditor pecover}' Corporation and lHa,i.l it to our office. Please iLc:lude
your accour:t nWT~er to ensu.::-e proper c!:'edit.
If you have any questions regard,lng this TIlil::1-:er, ?l'2ase c:or:t3cl ,~his o.:fice.
Thank you for: ycn.:.r am...icipated coopecatior. and pa.j'T1I2nt.
--P1CeS:::: g-hrE: t.h::.s- Ga:tt<2r- j-'c-ur p-r0:rT'f:'t 3ttc:r.ticn..
sincerely,
,~.[ark Tennis
Fsr x 116
NOTICE; SEE REVERSE SIDE FOR IMPORTANT L~FORMA TION
2'd
861>-6-82l.-l.1l.
Ooo~~es uUhi ~uueaa
~8E:80 90 80 ue,
MDC Credit Corp.
625 North Flagler Drive
Suite 625
W",,"i Palm Beacl1. FL 33401
(561) 352-2200
RETURN SERVICE REQUESTED
October 20, 2005
187121
Joseph A Thorn
596 Magaro Rd
Enola PA 17025-2945
111111I111111111111.1,1,1111',11,11111111.1.1,111,,,111111,,11
004038
PRIVACY NOTICE
MDC Credit Corp (the "Company") understands the importance of safeguarding the privacy of your
personal financial information. This notice describes how the Company handles your personal
information and what steps the Company takes to protect the privacy of this information.
Collection of Information
The Company collects personal information about you in the course of servicing your account only in
those instances where it is useful and allowed by law. The type of information collected may include:
Information the Company receives from you on applications and other forms;
Information about your transactions with the Company, affiliated companies, or others; and
Information from consumer reporting agencies.
Sharing Personal Information
The Company does not release any personal information on current or former customers other than as
permitted by law without the customer's prior authorization. Disclosures permitted by law include:
Providing personal information to credit reporting agencies regarding your account information
and payment history;
Providing personal information concerning your account to companies that peltorm serviCes
on the Company's behalf. These service companies agree to safeguard information about
you and must abide by applicable law.
Providing personal information to affiliated companies for purposes of servicing your account.
Security Procedures to Protect Information
The Company restricts access to your personal information to those employees who have a need to
know that information. Employees who have access to your information are required to protect it and
keep it confidential. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your personal infonnation.
MDC Credit Corp
625 North Flagler Drive, Suite 625
West Palm Beach, FL 3340 I
(561) 352-2200
\f}l)CPRV220B7503302
E'd
861>6-82l.-l.1l.
ooo~~~s UU~~ euueaa
e6E:80 90 80 uer
A..J P -<.0.
\l:. i If"?
...... lJ ,en.
~ 0 ~
() (;!, c
{;
pr!
,r
--
c:
-'1')
C,)
:....)
c.:..> .<
c)
-q
..-4
=:r-
:li
r&J
r' '_
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH A. THORN,
Plaintiff
CIVIL ACTION
v.
NO. 06-361
CREDITOR RECOVERY CORP.,
MIDCOAST CREDIT CORP.,
CHASE MANHATTAN BANK and
lP MORGAN CHASE,
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of defendant MidCoast Credit Corp., now known
as MDC Credit Corp. in the above-captioned matter.
JURY TRIAL DEMAND
TO THE PROTHONOTARY:
Demand is hereby made for a jury of twelve (12) people in the above-captioned matter.
..;;,~:~~.~,=,:~_/~:
By ~-
RICHARD J
30 Sout th
Phil ad ia,PA 19103-4005
(v) 215-893-9300 (f) 215-893-8739
e-mail: rperr@.finemanlawfirm.com
Attorneys for Defendant MidCoast Credit Corp.
now known as MDC Credit Corp.
Dated:
February 9,2006
. ".
CERTIFICATE OF SERVICE
I, RICHARD J. PERR, ESQUIRE, hereby certify that on this date I served a true and
correct copy of the foregoing Praecipe for Entry of Appearance by first class mail, postage
prepaid, on the following:
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, I' A 17025
saraccolaw@aol.com
Attorneys for Plaintiff
...----
--"--
Dated:
February 9, 2006
)
..
""'l
r-r:
CJ
:,~
1<1
w
(.)
{"..,)
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH A. THORN,
Plaintiff
CIVIL ACTION
v.
NO. 06-361
CREDITOR RECOVERY CORP.,
MIDCOAST CREDIT CORP.,
CHASE MANHA 1'1' AN BANK and
Jp MORGAN CHASE,
Defendants
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER IN THE NATURE OF AFFIRMATIVE DEFENSES
OF DEFENDANT MIDCOAST CREDIT CORP,
NOW KNOWN AS MDC CREDIT CORP.
Defendant MidCoast Credit Corp., now known as MDC Credit Corp. ("MDC"), by and
through its undersigned counsel, answers the Complaint and states as follows:
COUNT I
I. Denied. All ofthe allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
2. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
3. Admitted in part; denied in part. It is admitted that MDC has its principal place of
business in Florida. All of the other allegations in this paragraph, if any, are denied.
4. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
5. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
6. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
7. Denied. All ofthe allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
8. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
9. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
10. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
II. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
12. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
13. Admitted.
14. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
15. Denied as to MDC. MDC's conduct has been lawful at all times.
16. Denied as to MDC. MDC's conduct has been lawful at all times.
17. Denied as to MDC. MDC's conduct has been lawful at all times.
18. Denied as to MDC. MDC's conduct has been lawful at all times.
19. Denied as to MDC. MDC's conduct has been lawful at all times.
20. Denied as to MDC. MDC's conduct has been lawful at all times.
2
21. Denied as to MDC. MDC's conduct has been lawful at all times.
22. Denied as to MDC. MDC's conduct has been lawful at all times.
23. Denied as to MDC. MDC's conduct has been lawful at all times.
24. Denied as to MDC. MDC's conduct has been lawful at all times.
25. Denied as to MDC. MDC's conduct has been lawful at all times.
26. Denied as to MDC. MDC's conduct has been lawful at all times.
27. Denied as to MDC. MDC's conduct has been lawful at all times.
28. Denied as to MDC. MDC's conduct has been lawful at all times.
29. Denied as to MDC. MDC's conduct has been lawful at all times.
30. Denied as to MDC. MDC's conduct has been lawful at all times.
COUNT I
31. MDC incorporates herein its above responses to the paragraphs of the Complaint
as if set forth in their entirety.
32. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
33. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
34. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
35. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
36. Denied as to MDC. MDC's conduct has been lawful at all times.
3
37. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
WHEREFORE, defendant respectfully demands that the Complaint be dismissed;
awarding it reasonable costs and attorneys' fees and such other relief as justice requires.
COUNT II
38. MDC incorporates herein its above responses to the paragraphs of the Complaint
as if set forth in their entirety.
39. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
40. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
41. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
42. Denied. All ofthe allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
43. Denied. All ofthe allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
44. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
45. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
46. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
4
47. Denied. All ofthe allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
48. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
49. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
50. Denied. All of the allegations in this paragraph, if any, are denied as they call for
a legal conclusion to which no response is required.
51. Denied as to MDC. MDC's conduct has been lawful at all times.
52. Denied as to MDC. MDC's conduct has been lawful at all times.
53. Denied as to MDC. MDC's conduct has been lawful at all times.
54. Denied as to MDC. MDC's conduct has been lawful at all times.
55. Denied as to MDC. MDC's conduct has been lawful at all times.
56. Denied as to MDC. MDC's conduct has been lawful at all times.
57. Denied as to MDC. MDC's conduct has been lawful at all times.
58. Denied as to MDC. MDC's conduct has been lawful at all times.
59. Denied as to MDC. MDC's conduct has been lawful at all times.
WHEREFORE, defendant respectfully demands that the Complaint be dismissed;
awarding it reasonable costs and attorneys' fees and such other relief as justice requires.
COUNT III
60. MDC incorporates herein its above responses to the paragraphs of the Complaint
as if set forth in their entirety.
5
61. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
WHEREFORE, defendant respectfully demands that the Complaint be dismissed;
awarding it reasonable costs and attorneys' fees and such other relief as justice requires.
COUNT IV
62. MDC incorporates herein its above responses to the paragraphs of the Complaint
as if set forth in their entirety.
63. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
64. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
65. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
66. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
67. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
WHEREFORE, defendant respectfully demands that the Complaint be dismissed;
awarding it reasonable costs and attorneys' fees and such other relief as justice requires.
COUNT V
68. MDC incorporates herein its above responses to the paragraphs ofthe Complaint
as if set forth in their entirety.
6
69. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
70. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
71. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
72. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
73. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
74. Denied. MDC is without sufficient information to respond to this allegation, if
any. Plaintiff is left to his proofs.
WHEREFORE, defendant respectfully demands that the Complaint be dismissed;
awarding it reasonable costs and attorneys' fees and such other relief as justice requires.
NEW MATTER IN THE NATURE OF AFFIRMATIVE DEFENSES
1. None of the communication alleged by the plaintiff contains deception.
2. None of the communication alleged by the plaintiff contains false or misleading
statements.
3. MDC did not engage in fraudulent conduct that creates a likelihood of confusion
or misunderstanding.
4. MDC did not have the intent necessary to rise to the level of a reckless or willful
act.
5. The plaintiff suffered no ascertainable loss of money or property.
7
6. The plaintiff did not justifiably rely on any representation by MDC.
7. The plaintiff fails to state a cause of action to which relief can be granted.
8. The plaintiff has no standing to bring this action.
9. The Complaint is barred by the applicable statute of limitations.
10. This Court lacks subject matter jurisdiction over the allegations of the Complaint.
II. To the extent that any violation occurred, it resulted from a bona fide error,
notwithstanding the maintenance of procedures reasonably adapted to avoid such error.
12. To the extent that any violation occurred, it resulted from good faith reliance upon
incorrect information offered by any person other than an agent, servant or employee of MDC.
13. To the extent that any employee ofMDC was acting outside of the scope of his or
her employment, MDC cannot be held liable.
14. None of the statements made by MDC were inaccurate.
15. All of the statements made by MDC were true.
16. At all pertinent times, Defendant acted in compliance with the Federal Trade
Commission regulations, Federal Trade Commission staff commentary and letter commentaries,
and/or Federal Trade Commission advisory opinions.
17. Defendant reserves the right to assert additional affirmative defenses as discovery
warrants.
By
Dated:
February 9. 2006
I HAR
30 Sout S eet, Suite 1800
Phila phia,PA 19103-4005
(v) 215-893-9300 (f) 215-893-8739
e-mail: rperr@tinemanlawfirm.com
Attorneys for Defendant MidCoast Credit Corp.,
now known as MDC Credit Corp.
8
CERTIFICATE OF SERVICE
I, RICHARD J. PERR, ESQUIRE, hereby certify that on this date I served a true and
correct copy of the foregoing Answer and New Matter in the Nature of Affirmative Defenses of
Defendant MidCoast Credit Corp., Now Known as MDC Credit Corp., by first class mail,
postage prepaid, on the following:
Dated:
February 9.2006
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, I' A 17025
saraccolaw@aol.com <"'j} ~
A.om,>" '0' ''''''<iff ~ ~
/~~
. ':;~CH~ESQUIRE
9
(-)
,:')
~\
~
vo
---\
,\
(. ?
r":'i
REED SMITH LLP
By: Wayne C. Stansfield
Identification No. 81339
2500 One Liberty Place
1650 Market Street
Philadelphia, PA 19103
(215) 851-8100
[; ;: r i:" I II E 0 ~E~ "9 ?-,"
.... I..,. < 0 k; q ".'.;)
Attorneys for Defendant V
Chase Manhattan USA, N.A. J
JOSEPH A. THORN,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
No. 06-361
CREDITOR RECOVERY CORP.,
MIDCOAST CREDIT CORP.,
CHASE MANHATTAN BANK, and
J P MORGAN CHASE,
~~
Defendant.
PRAECIPE TO FILE NOTIFICATION
OF AND COpy OF NOTICE OF REMOVAL
TO: THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
As provided under 28 U.S.C. S 1446(d), please file the attached Notice of Filing
and copy of Notice of Removal filed by Defendant Chase Manhattan USA N.^-, incorrectly
identified in the Complaint as Chase Manhattan Bank and IP Morgan Chase, in the United States
District Court for the Middle District of Pennsylvania on February 23,2006, docketed at Civil
Action No. 06-404.
~~
Wayne C. Stansfield
REED SMITH LLP
2500 One Liberty Place
1650 Market Street
Philadelphia, pA 19103
215-851-8233
Attorneys for Chase Manhattan USA, N.A.
Dated: February 27, 2006
.,
.'r'}
~~,
r'--:
C..J
JOSEPH A. THORN,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
REED SMITH LLP
By: Wayne C. Stansfield
Identification No. 81339
2500 One Liberty Place
1650 Market Street
Philadelphia, PA 19103
(215) 851-8100
Attorneys for Defendant
Chase Manhattan USA, N.A.
Plaintiff,
v.
No. 06-361
CREDITOR RECOVERY CORP.,
MIDCOAST CREDIT CORP.,
CHASE MANHATTAN BANK, and
J P MORGAN CHASE,
Defendant.
NOTICE OF FILING NOTICE OF REMOVAL
TO: THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Please take notice that on February 23,2006, Defendant Chase Manhattan USA,
N.A., incorrectly identified in the Complaint as Chase Manhattan Bank and IP Morgan Chase,
filed a Notice of Removal, a copy of which is attached hereto, in the United States District Court
for the Middle District of Pennsylvania, docketed at Civil Action No. 06-404. The filing with
the Court of Common Pleas, Cumberland County, Pennsylvania, ofthe Notice of Removal
attached hereto as Exhibit "A" has effectuated the removal of this action in accordance with 28
U.S.C. S1446(d).
y~
Wayne C. Stansfield
REED SMITH LLP
2500 One Liberty Place
1650 Market Street
Philadelphia, P A J 9103
215-851-8233
Dated: February 27 2006
Attorneys for Chase Manhattan USA, N.A.
-----
~
'2".
Cf
-;:.;
J>
-
1S'fI'\\o\-\ f\
JS44 Case 1 :06-ev-00404-Q;lVILPe0WR. Sfl~/23/2006 Page 1 of 1 (Rev. 3199)
The JS-44 civil cover sheet and the inlonnation contained herein neRher replace nor supplement the filing and service of pleadings or other papers as required
by law, except as provided by local rules of court. This Ionn, approved by the Judicial Conference of the UnRed States in September 1974, is required for the
use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I.(a) PLAINTIFFS
Joseph A. Thorn
DEFENDANTS
Creditor Recovery Corp~ Midcoast Credit Corp.,
Chase Manhattan Bank and J P Morgan Chase
(b) COUNTY OFRESIDENCE OF FIRST LISTED PLAINTIFF Cumberland
{EXCEPT IN u.s. PLA\Ni\FF CASES)
(e) ATTORNEYS (FiRM NAME, ADDRESS, AND TELEPHONE
NUMBER)
Deann. Lynn Sar.cco
76 Greenmont Drive
Enol., P A 17025
(717) 732-3750
COUNTY OF RESIDENCE OF FIRST LISTED DEFENOANT unknown
(IN u.s. PLAINTIFF CASES ONLY)
ATTORNEYS (IF KNOWN)
Wayne C. Stansfield
REED SMITH LLP
2500 One Liberty Place
1650 Market Street
Philadelphia, P A 19 to3
(215) 851-8100
Attorneys for Chase Manh.ttan USA, N.A. (incorrectly
identified in the Complaint as Chase Manhattan Bank and J P
Morgan Chase
II. BASIS OF JURISDICTION
III. CITIZENSHIP OF PRINCIPAL PARTIES (JvoEANX .""BOX''''
(For Diversity Cases Only) PlAINfJfF AND OlE BOX Fal DEFEM:lANT)
PTF DEF PTF OEF
CltlzenofThisState: 01 01 IncorporatedorPrincipcllPlace 04 04
of Business In This State
t~ and Princlpal Place 05 05
of Business In Another State
Foreign NaDon 06 06
{P\.JCEANX 1Ii0NEBOXOll.'f}
o 1 U.S,Govemment
Plaintiff
I8J 3 Federal Que$tion
{U.S.Govemment. Not ill Party)
o 4 Diversity
(InOlcate Citizenship of Parties
in Item 1tI)
03
o 2 U.R Government
Oefendatlt
Citizen of Another State 02
02
Citizen or Subject of a 03
Forel"n COu........
IV. NATURE OF SUIT (PIACEAflXINONEBOXONLy)
CONTRACT TORTS FORFEITURE/PENALlY BANKRUPTCY 01HER S1AWTES
D110lnsul'aflC8 PERSONAL INJURY PERSoNAllNJURY o 610Agrlcultu18 0422 Appeal 28 USC 158 0400 Stale ReapportIonmenl
[]120Manne o 310Alrplane []362Peroonallllury. []620OtherFood&Drug []423Wllhdrawal 0410 Anlitrust
0130 MallefAct o 315 Alrplane product MeQMalplactlQl []625DrugRm\edSelnlr8Oi 28USCl57 o 430 Banks and Banking
D14QNegotlablelll$kumenl u."", o 365 Petsonellnjury- Property 21 USC881 o 450 Com'nen::eilCC Ratesf91c.
[] 150 Recovery or overpayrnerlt o 320 A$$aull, libel & ProduclUablll1y o 630 Liquor Laws PROPERTY RIGHTS 0460 Deportatlon
& Enlorcemenlof Slander []368Asbest05Persooal o 640 R.R&Truck []47o.RacI<.etoorInf\uef\a)daM
Ju<%lrrlenl 033l)Fedefal~1oyer 1n)~ProOOct o 650Airli(leRegs o 820 CopyrIght ComiptorganLzaUons
0151 MedlcareAcl "","" lJabillty o 6600caJpBtlonal o 830 Patent [] 810 selectlve SeMce
0152 Recovery of Oefaulled o 340 Manne PERSONAL PROPERTY .--.. []840TracIema1k o 850 Sewrtties/COmmodiliesl
StudetllLoanll o 345 MattneProtklct o 3700lherFl1lud 0600_ Exchange
(ExcI.Veletansl u."", o 875 CUstomer Challel1ge
0153 RecoveryofOverpaymerlt o 350 UotOrVehlc!e o 371 Truth.ln Lending SOCIAL SECURITY 12VSC3410
oIVeter'8nsBenerlls D355MQtorVehide o 380OII1lUPe/'SOOaI LABOR D891~~\$
0100 stodlhokXlrs Sulls -"'- "-" ""'-' []710FalrL.aborStmdal'l1s 0861HIA(1395ff) [] 892 Economk;Stabllizallon Ad
D1000t\erCoritract CIJOOOlhtlI'Personal o 385 PtoperIyDarn3ge C1662BlackLung{923j Dli93 ~talMauers
Property Uabllly Ad
D195COll1raClProductuabillty .~" o 720 LabOrlMgmtAelationS DB63DtNCIOrN'N{405(g)) o 894 Energy AIoca~on Ad
o 66o\.$SID11UeXVI 0895 FteedomoflofOrm3tlonAct
REAL PROPERTY CMl RIGHTS PRI$ONERPETIT NS o 730~mtRepartlng& o 865RSI.(405(gll o 900 Appeal of Fill! Deltlrmlnallon
o 210 land CondermaUon o 441 Vo*1g o 510 Motions lu' DlstlosureAcl .UnderEqualAa;essIoJu5lloo
o 740 RailwayLabol'Act FEDERAl TAX SUITS Ol!'iOCoM.tltutlO;lal\tyof
D220Forec/05uce C1442Emp\(1jmero\: VaeateSentenoo SlateSlatules
o 230 Rent t..easa & Ejedment 0443HolJslrlW HAeeAS CORPUS; o 700 OIIlerLaborUttIatlon o 870 Taxes{U.S.PIalntllf 181890 OlherSlaiutoryActiOns
[J2-4{)Tortslol.ani:! Accommodallons 0.530 General .. otDeklndanll
o 245 Tort PtOOuctLlablUty o 444Wefare 0535 OeaIhPenaity OH1Empl.Ret.lnc. o 871tRS-Tht\IjParty
0. 290A~OltIerReaIPITJller'ly C144{lQltlerCJviI~hts 0540 Mandamus & Oll1a, SeclJrltyAct 26USC7a09
o 550CMlRlgIlls
o 550 Pilson Condlti01S
V. ORIGIN
(PlACE AN x IN ONE BOX OM. Y
Tlllnsferredfrom
01 OIIglnal 181 2 Removed from 0 3 RerrarKled from 0 4 Rein~ Of 0 5 anothenli$\l'id. 0 6 Mu\lidlslrict
Processing stale Court Appell$: Court Reopened (specify) UtiQallon
VI. CAUSE OF ACTION (CITE THE U,S. CNIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEf STATEMENT OF CAUSE.
DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY,)
AppeaJtoOistrlctJlJ(fge
o 7 IromMaglstrale
Judgment
plaintiff alleges violations of Fair Debt Collection Practices Act, 15 U.S.C. ~ 1692 et seq.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ a,,"'YES "",y;f,"",,,ded l,oom"I.I,'
COMPLAINT 0 UNDERFRC.?" JURY DEMAND: 181 YES
VIII. RELATED CASE(S) (80010',,"""0')'
IF ANY
o NO
JUDGE
DOCKET NUMBr::R
DATE
j~~6~
FOROFHC US ONLY
RECEIPT#
SIGNATURE OF ATTORNEY OF RECORD
~~
APPLYING IFP JUDGE
MAG. JUDGE
AMOUNT
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH A. THORN,
CIVIL ACTION
Plaintiff,
v.
CREDITOR RECOVERY CORP.,
MIDCOAST CREDIT CORP.,
CHASE MANHATTAN BANK, and
J P MORGAN CHASE,
No.
Defendant.
NOTICE OF REMOVAL
Defendant Chase Manhattan USA, N.A., incorrectly identified in the Complaint
as Chase Manhattan Bank and J P Morgan Chase (hereinafter "Chase Manhattan"), through its
PHLLlB-8871281-WCST ANSF-836533-20014
undersigned counsel, Reed Smith LLP, hereby removes this action from the Court of Common
Pleas of Cumberland County, Pennsylvania, to the United States District Court for the Middle
District of Pennsylvania, and in support thereof states as follows:
Baekground
1. On or about January 18, 2006, Plaintiff Joseph A. Thorn ("Plaintiff") filed
a complaint in the Court of Common Pleas, Cumberland County, Pennsylvania, docket number
06-361 (the "Complaint"). A true and correct copy of the Complaint is attached hereto as
Exhibit "A."
2. Plaintjffmailed a copy of the Complaint to counsel for Chase Manhattan
on January 23, 2006. Counsel thereafter accepted service on behalf of Chase Manhattan as of
January 27, 2006.
3. Removal of this action is proper under 28 U.s.e. 9 144I(a), which allows
for the removal of any civil action over which the district courts ofthe United States would have
original jurisdiction.
Case 1 :06-cv-00404-CCC Document 1
Filed 02/23/2006 Page 2 of 4
4. The Notice of Removal is timely under 28 U .S.C. S I 446(b ) because it is
being filed within thirty (30) days of receipt "through service or otherwise, of a copy of the
initial pleading setting forth the claim for relief upon which such action or proceeding is based."
5. This Court has original jurisdiction over this action because Plaintiffs
claims are "founded on a claim or right arising under the... laws of the United States." See 28
U.S.c. S 1441(b).
6. More specifically, original jurisdiction is present in this action because
Plaintiffs alleged claim under the Fair Debt Collection Practices Act, 15 U.S.C. S 1692 et seq.,
presents a federal question. See 28 U .S.c. S 1331.
7. Additionally, this Court has jurisdiction over this action since the parties
are citizens of different states and the matter in controversy exceeds $75,000, exclusive of
interest and costs. See 28 U.S.c. S ]332(a). More specifically, original jurisdiction is present in
this action because:
a. Plaintiffis an adult individual residing in Enola, Pennsylvania.
See Complaint and Exhibits thereto.
b. Chase Manhattan is a National Association incorporated pursuant
to the laws of the United States with its principal place of business in Wilmington, Delaware.
c. Plaintiff has pled and is seeking "in excess of $30,000, together
with costs of suit and attorneys' fees" as well as "treble damages [and] punitive damages." See
Ex. A. Such requested relief is in excess of $75,000.00.
8. According]y, had this action been brought in the United States District
Court for the Middle District of Pennsylvania, this Court would have had original jurisdiction
over the subject matter under the provisions of28 U.S.c. SS 1331 and 1332. As a result, this
action is properly removable to this Court pursuant to the provisions of28 U.S.c. S ]441.
9. This case is removed subject to and without waiver of any challenges
2
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 3 of 4
which Chase Manhattan may have as to personal jurisdiction, proper venue, or any other claims
or defenses that may be available to Chase, all of which are expressly reserved.
10. Chase Manhattan respectfully reserves the right to amend or supplement
this Notice of Removal as may be appropriate.
WHEREFORE, Defendant Chase Manhattan requests that the above-captioned
action be removed from the Court of Common Pleas ofCumberJand County to the United States
District Court for the Middle District of Pennsylvania of all future proceedings.
"s"/Wavne C. Stansfield
Wayne C. Stansfield
REED SMITH LLP
2500 One Liberty Place
1650 Market Street
Philadelphia, PA 19103
(215) 851-8100
Attorneys for Defendant
Chase Manhattan USA, N.A.
Dated: February 23, 2006
3
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that [ caused a true and correct copy of the foregoing Notice of Removal
to be electronically filed on this 23rd day of February, 2006, and it is available for viewing and
downloading from the Middle District of Pennsylvania's ECF filing system.
In addition, a true and correct copy of the foregoing Notice of Removal was sent via first-
class U.S. Mail, postage pre-paid on this 23rd day of February, 2006, upon counsel for Plaintiff
addressed as follows:
Deanna Lynn Saracco
76 Greenmont Drive
Enola,PA 17025
"s"/Wayne C. Stansfield
Wayne C. Stansfield
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 1 of 16
,
EXHIBIT A
Case 1 :06-cv-00404-CCC
Document 1
Filed 02/23/2006 Page 2 of 16
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH A. THORN,
Plaintiff,
CIVIL ACTION - JURY TRIAL
DEMANDED
v.
CREDITOR RECOVERY CORP., and
MIDCOAST CREDIT CORP., and
CHASE MANHATTAN BANK, and
J P MORGAN CHASE,
Defendants.
Q~ - 3(.,./
Cil.J;L't~
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 IJINYER AT ONCE. IF yOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE '1'HE: OFFICE
SET FORTH BELOW '1'0 FIND OUT WHERE YOU CAN GET LEGAL HELP. P S 0
-> <::T'" ""TJ
:r!
rnp;Q
-om
CO :ij?
(~C)
-0"(,
(~:u
-.,..C)
om
-I
N ~
-<
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, P A
1-800-990-9108,717-249-3166
"",''-=''"
Cl.: r '
L
:>0.
~
NOTICIA
"
:J::
(,~
.0,.':; ~:'I
-c:
.....:
."
.~.
Le han demandado a usted en la corte. Si usted quire defenderse d~
estas demandas expuetas en las paginas siquientes, usted tiene viente (20)
dias de plaza a1 partir de 1a fecha de 1a excrita 0 en persona 0 par abogado y
archivar en 1a corte en forma excrita sus defensas 0 sus objectiones alas
demander 1a corte tomara medidas y puede entrar una orden contra listed sin
previa aviso 0 notificacion y per cualquier queja 0 alivio que es pedicle en la
peticion de demanda. Usted puede perder dinero 0 SUS propiedades 0 otros
derechos import antes para usted.
LLEVE E5TA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. 51 NO TIENE ABOGADOO 51
NO T1ENE EL D1NERO SUFICIENTE DE PAGAR TAL SERV1C10N, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA Oc1C1NA CUYA D1RECCION SE PUEDECONSEGU1R AS1STENCIA LEGAL.
TRUE COpy FRQU ttr'IC"O""O
I~r' l". . :1" <l.., n
:, j a,"ii1lOilY \frI!;"mci, Illt'f"tHli ~"t m'llarfd
~~~ "~'\ ,,",",.1..
"-- . ~ 11~1:~
1'rnll1on0Wy
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 3 of 16
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH A. THORN,
Plaintiff,
CIVIL ACTION - JURY TRIAL
DEMANDED
v.
CREDITOR RECOVERY CORP., and
M1DCOAST CREDIT CORP., and
CHASE MANHA IT AN BANK, and
J P MORGAN CHASE,
Defendants.
COMPLAINT
And now comes Plaintiff, by and through his counsel, and files this Complaint and in
support thereof, avers the following:
GENERAL ALLEGATIONS
1. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. 92270 et seq.
2. Defendant Creditor Recovery Corporation, is a business entity, engaged in the business of
collecting consumer debts in this Commonwealth with a mailing address of 241 00 El
Taro Road, Ste D-328, Laguna Woods, CA, 92637.
3. Defendant Midcoast Credit Corp., is a business entity that is engaged in purchasing
consumer debts in default and then attempting to collect on said debts, with a mailing
address of 625 North Flagler Drive, Suite 625, West Palm Beach, FL, 33401.
4. Defendant Chase Manhattan Bank and J P Morgan Chase, (hereinafter collectively known
as "Chase") are creditors, who engagl' in the business of extending credit as well as
collections, within this Commonwealth, with a mailing address ofP. O. Box 15298,
Wilmington, DE, 19850-5298.
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 4 of 16
5. Defendant Chase at all times pertinent hereto, was acting as a debt collector and as sueh,
is liable under both state and federal law.
6. Jurisdiction for this aetion is asserted pursuant to the Fair Debt Collection Praetices Act,
15 U.S.c. SI692, et seq. ("FDCPA"), particularly IS U.S.C. S1692k(d) and 28 U.S.c.
S1337.
7. Venue lies in this District pursuant to 28 U.S.C. 1391(b).
8. Plaintiff is an individual and consumer pursuant to 15 U.S.C. S 1692a(6).
9. Creditor Recovery Corp., and Midcoast Credit Corp., are debt collectors and conduct a
business entity engaged in the business of collecting debts in this Commonwealth and is a
debt collector as defined by 15 U.S.c. I I 692a(3).
10. Defendant Chase Manhattan Bank and J P Morgan Chase, (Hereinafter collectively
referred to as "Chase") are business entities engaged in extending consumer credit as well
as collecting delinquent accounts, and are liable for unfair business practices under both
state and federallaw.
II. Defendant Midcoast Credit Corp., is also in the business of purchasing consumer debt in
default and then attempting to collect those alleged debt, as such, is a debt collector as
defined by 15 U.S.c. I I 692a(3). _
12. At all pertinent times hereto, the defendants were attempting to collect a debt relating to a
eonsumer transaction. (Hereinafter the "alleged debt.")
13. Defendants communicated with pIain,tiff 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 September 2,2005, Defendants Chase sent a collection letter to Plaintiff as
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 5 of 16
well as made numerous calls to Plaintiff and his employer, which are communications
relating to a "debt" as defined by both state and federal law. 15 U.S.c. I I 692a(2) and
I 692a(5). (Attached as Exhibit A.)
15. Agents of Chase made telephone ealls to Plaintiff, which contained false, misleading,
confusing and harassing statements, including, threats of litigation, threats of wage
attaehrnent, abusive behavior as well as name-calling.
16. Agents of Chase discussed the alleged debt with third parties, which violated the
Plaintiff's right to privacy.
17. Agents of Chase frequently harassed Plaintiff's place of employment, by contaeting
Plaintiff's employer's his cell phone and discussing the alleged debt with Plaintiff's
employer.
18. Agents of Chase harassed Plaintiffs employer, was rude, belligerent and insulting to
Plaintiff's employer.
19. Agents of Chase caused Plaintiff to be separated from his job as a result of repeated
harassment.
20. On or about October 20, 2005, Defendant Creditor Recovery Corp., and Midcoast Credit
Corp, drafted and mailed, to the PJaintiff, via U.S. mail, colleetion or "dunning" letters, in
an attempt to coerce Plaintiff into paying the alleged debt. (Letters attached as Exhibits
B and C.)
21. At all times pertinent hereto, the defelldants were acting in concert to confuse, deceive,
eoerce and in general, create a false sense of urgency on the part of the Plaintiff with
respect to the alleged debt.
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 6 of 16
22. Plaintiff believes and therefore avers that defendants, acting in concert, intentionally,
maliciously, and willfully, confused Plaintiff into believing that he owed multiple debts to
multiple companies.
23. Plaintiff believes and therefore avers that the defendants, acting alone and in concert,
failed to afford Plaintiff the opportunity to dispute the alleged debt, interest charges, late
fees and/or other amounts added to his alleged account.
24. Defendants, acting alone and in coneert, demanded the balance in full, never affording the
Plaintiff an opportunity to set up partial payments.
25. Plaintiff believes and therefore avers that the alleged debt was sold to a third party, in
violation of Pennsylvania law.
26. Plaintiff believes and therefore avers that transfer of the alleged debt, created a benefit to
the defendants involved in the transfer, and any attempt to collect the alleged amount is
deceptive, misleading and/or fraudulent.
27. Each defendant, acted alone and in eoncert, made threats of litigation against Plaintiff.
28. Plaintiff believes and therefore avers that defendant Chase, Creditor Recovery Corp., and
Midcoast Credit Corp., acted al()ne and in eoncert in order to mislead, confuse and
deceive the Plaintiff as well as th", least sophisticated consumer.
29. Defendants are liable for each other actions under principal/agent theories as well as the
FDCP A.
30. Defendant Chase, selected, directed and controlled its agents' collection practices.
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 7 of 16
COUNT I - PENNSYLVANIA FAIR CREDIT
EXTENSION UNIFORMITY ACT 73 P.S. ~227Q et seq.
(Against Chase, Credit Recovery Corp., and Midcoast Credit Corp.)
31. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
32. The FOCI' A states that a violation of state law is a violation of the FDCP A. IS U.S.c.
S 1692n. Pennsylvania law states, in pertinent part, 18 Pa.C.S. S7311:
"Unlawful colleetion agency practices.
(a) Assignment of claims. It is lawful for a collection agency, for the purpose of
colleeting or enforcing the payment thereof, to take an assignment of any such
claim from a creditor, if all of the following apply:
I. The assignment between the creditors and collection ageney is in writing;
2. The original agreement between the creditor and debtor does not prohibit
assignments.
Pennsylvania law.
33. Plaintiff believes and therefore avers that defendants violated this provision of
34. Plaintiff further believes that defendants violated provisions of the Fair Debt Colleetion
Practices Act, as alleged in Count II, as such, said violated also violate the Pennsylvania
FCEU, 73 p.S. g2270.4(a).
35. That defendants engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by FCEU and the regulations, including but not limited to, violations
on7 Pa.Code SS303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. S201-2(4).
36. Defendants' acts as described herein were done with malicious, intentional, willful,
reckless, negligent and wanton disregard for Plaintiff s rights with the purpose of
coercing Plaintiff to pay the alleged debt.
37. As a result ofthe above violations, Plaintiff is entitled to statutory, actual, treble and
punitive damages and attorney's fees and costs, in an amount of not less that $30,000.00.
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 8 of 16
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 11- F MR DEBT COLLECTION
PRACTICES ACT 15 U.S.c. ~1692 et seq.
(Against Chase, Credit Recovery Corp., Midcoast Credit Corp.)
38. Plaintiff hereby ineorporates the foregoing as if fully set forth herein.
39. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U.S.c.
~1692n. Defendants violated 18 Pa.C.S. 97311.
40. The FDCP A states, a debt collector may not use unfair or unconscionable means to collect
or attempt to colleet any debt. 15 U.S.C. S I692f. Defendants violated this section.
41. The FDCp A 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. 9 I 692e.
Defendant violated this section of the FDCP A.
42. The FDCP A states, a debt collector may not engage in any conduct the natural
consequenee of which is to hllf!lSs, oppress or abuse any person in conneetion with the
collection ofa debt. 15 U.S.c. SJ692d. Defendants violated this section of the FDCpA.
43. 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 U.S.c. SI692c(b).
Defendants violated this section of the FDCP A.
44. The FDCP A states, it is unlawful to design, compile and furnish 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
Case 1 :06-cv-00404-CCC Documenl1 Filed 0212312006 Page 9 of 16
eollect a debt such consumer allegedly owes such creditor, when in fact such person is
not so participating. 15 U.S.C. ~1692j. Defendants violated this section of the FDCpA.
45. 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. ~ 1692f and ~ I 692e(2)(A) and (B). Defendants violated this section of the
FDCP A.
46. The FDCP A provides certain rights to the eonsumer regarding her right to dispute the
alleged debt, 15 U.S.c. ~1692g. Defendants violated this section of the FDCPA.
47. The FDCPA 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 eonsumer's employer prohibits the consumer from receiving such eommunications.
15 U.S.c. S1692c(a)(3). Defendants violated this section of the FDCpA.
48. Defendants, individually and collectively, made their collection communications
intentionally confusing, misleading and otherwise deceptive to the Plaintiffs, in violation
of 15 U.S.C. ~ I 692e(5) and (10), S 1692f(8) and S I 692j , see also, In re Belile, 208 B.R.
658 (E.D. Pa 1977).
49. Defendants, individually and collectively, 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. Ill.
1993); Sluys v. Hand, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gavnor, 784 F.
Supp I (D. Conn. 1989).
50. At all time pertinent hereto, the defendants were 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 defendants herein.
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 10 of 16
51. At all times pertinent hereto, the conduct of defendants, as well as their agents, servants,
and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton
disregard for federal and state law and the rights of the Plaintiff herein.
52. Plaintiff believes and therefore avers that agents of the defendants made false threats of
litigation.
53. Defendants threat of litigation was false because defendant does not routinely file suit
against consumer debtors, in violation of 15 U.S.C. gI692e(5) and (10).
54. Defendants letters were intentionally confusing and deceptive, in violation of 15 U.S.C.
s1692e(5) and (10), gI692f(8) and S1692j.
55. Plaintiff was confused, deceived and believed that litigation was imminent if settlement
was not made.
56. The above mentioned acts with supporting cases demonstrates that the conduet of
defendants rises to the level needed for punitive damages.
57. Defendant, in its collection efforts, violated the FOCI' A, inter alia, Sections 1692, b, e,
d, e, f, g, h, and/or n.
58. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
59. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has
been subjected to anxiety, harassment, intimidation and annoyance for which
compensation is sought.
WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment
on his behalf and against defendants and issue an Order:
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 11 of 16
(A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00)
for each violation of the FDCP A and/or each separate and discrete incident in which
each of the defendants' have violated the FDCP A and for which Plaintiff couLd have
filed a separate action but consolidated her claims for judicial economy.
(B) A ward 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.
~} Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of
$350.00/hour for hours reasonably expended by his attorney in vindicating his rights
under the FDCpA, permitted by 15 U.S.c. sI692k(a)(3).
(D) A ward declaratory and injunctive relief, and such other reLief as this Honorable Court
deems necessary and proper or law or equity may provide.
COUNT 11I- RESPONDENT SUPERIOR - AGAINST CHASE
62. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
63. The conduct of defendant's agents harassed Plaintiff, his employer and his girlfriend, and
became a nuisance in that their conduct was the legal cause of the invasion of Plaintiffs
60. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
61. Defendant Chase is Liable under a Respondent Superior or Vicarious Liability theory for
the actions of its agents.
WHEREFORE, Plaintiff has incurred damages and respectfully requests that this
Honorable Court enter judgment is his favor and against Defendant Chase in an amount in excess
of$30,OOO.00, together with costs of suit and attorney fees where applicable by statute.
COUNT IV - PRIVATE NUISANCE - AGAINST CHASE
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 12 of 16
private use and enjoyment of his home.
64. Defendant's invasion was intentional, unreasonable and/or reckless and negligent.
65. Defendant caused Plaintiffs telephone to ring repeatedly.
66. Defendant discussed the alleged debt with Plaintiff's employer and cause Plaintiff to be
Plaintiff was a deadbeat, that Plaintiff was breaking the law by not paying his alleged
harassed, intimidated and generally uncomfortable at work and to be contacted at home
regarding defendant's conduct, by his employer.
67. Defendant discussed the alleged debt with Plaintiffs girlfriend, at his home, causing
Plaintiff to be harassed, intimidated and generally uncomfortable at home.
WHEREFORE, Plaintiff has ineurred damages and respectfully requests that this
Honorable Court enter judgment is his favor and against Defendant Chase in an amount in excess
of$30,OOO.00, together with costs of suit and attorney fees where applicable by statute.
COUNT V - DEFAMATION OF CHARACTER. LIBEL AND SLANDER PER SE
AGAINST CHASE
68. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
69. Agents of defendant discussed Plaintiff's financial problems with Plaintiffs employer
and girlfriend.
70. Agents of defendant repeatedly' made disparaging comments about Plaintiff to his
employer and his girlfriend, stati~g that Plaintiff refused to pay his alleged debts, that
debts and that Plaintiff was hiding from his creditors.
71. These statements are false, defamatory and otherwise harassing to Phintiff.
72. It is extreme and outrageous to discuss Plaintiffs financial matters with third parties.
73. It is extreme and outrageous to contact Plaintiff s employer and make false statements.
Case 1 :06-cv-00404-CCC Document 1 Filed 02/23/2006 Page 13 of 16
74. As a result of defendant's defamatory statements, Plaintiff is entitled to damages, per see
WHEREFORE, Plaintiff has incurred damages and respectfully requests that this
Honorable Court enter judgment is his favor and against Defendant Chase in an amount in excess
of $30,000.00, together with costs of suit and attorney fees
Dated: 1117106
By: Is/De a L nn Sara
Deanna Lynn Saracco, Attorne
76 Greenmont Drive
Enola, Pennsylvania 17025
Telephone 717-732-3750, Fax 717-728-9498
Email: SaraccoLaw@aol.com
Case 1 :06-cv-00404-CCC
Document 1
Filed 02/?~/?nnh
Page 14 of 16
cardrnemb€r Service
P.O. Box 15548
Wilmington, DE 198B6-5548
CHASE 0
September 02, 2005
039570
~
-
~
=0
-~
-.
=0
-g
=-
-~
"""""~
.
-~
-"
=-
-"
-
""'"""
-
-
Joseph A Thorn
596 Magaro Rd
Enola p~ 17025-2945
1.,.III.nllllllul.I.I,IIIII.II.III,IIII.I,I.I.I.111111111111
Account; 5179455269223517
Dear Josepn A Thorn,
We can help you g~t control of your balance today!
We've noticed that your credit card is past due. We want to talk to you
about some of our convenient rooney-saving plans_
If you qualify {or one of our money-saving payment Plan3, we can help
you:
* gain control of your financ~s;
* establish financial p~ace of mind; and
~ begin rebuilding your credit rating.
Don't let this situation get any worse. Failure to make payment can
ne9atively impact your credit rating for years to come. Please call us
today at 1-800-587-0446. By working together, W~ can find a payment
solution that fits your needs.
Sincerely,
Customer Support Division
Accoun~ is owned by Chase Bank USA, ro.A.
Calls may b~ rooni~ored and/or recorded to ensure the highest level of
quality serVl.ce.
1.'::(;li0~
I "d
BGvG-BZl.-l.Il.
oaoe~~s UURl euueaa
eBE:BO 90 BO uer
Case 1 :06-cv-00404-CCC
Page 15 of 16
CREDITOR RECOVERY CORPORATION
24100 El Toro Road, Ste. D-328
Laguna Woods, CA 92637
nnrllme'1t 1
Filed 02/2J/2006
Phone: 800-856-1174 Fax: 800-856-1175
October 20, 2005
PERSONAL & CONFIDENTIAL
JOSEPH THORN
596 M!\GARO ROAD
ENOLA, PA 17025-2945
Our File: 49650
Creditor: MIDCOAST CREDIT CORP.
.O~ina1 C~:ijm,;_CJll\$.l> Mffi!!J,(>TTAN ),,~.
Your Account: 5179455269223517
Balance Amount: $1512.12
Dear Joseph A Thorn:
Creditor Recovery Corporation has been engaged by MIDCOAST CREDIT CORP.
to assist in the collection of the obligation you incurred with
CHASE MANHATrAN aANl< in the amount of $1512.12.
DeItlaJ...d is hereby made for payment in full of the balance due.
If you agree that you owe the amount shown above, please make your. check,
cashier's check, or money order for the balance in full payable to
Creditor Recovery Corporation and mail it to our office. Please include
your account number to ensure proper credit.
If you have any questions regarding this m6tter, please contact this office.
Thank you for your anticipated cooperation and payment.
--Please giVE: thi~r:'.att.cr- your 'proJi'f'~ 3tt8r~ti:cn.. -
Sincerely.
Mark Tennis
En x 1I6
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
20d
861>-6-82l.-l.1l.
oooe~es UUR, euu~aa
~8€:80 90 80 u~r
Case 1 :06-cv-00404-CCC DoclImf!nt 1
J:"il"d 02!13!2006 Page 16 of 16
MDC Credit Corp.
625 North Flagler Drive
Suite 625
West Palm Beach, FL33401
(561) 352.2200
RETURN SERVICE REQUESTED
October 20, 2005
18712\
Joseph A Thorn
596 Magato Rd
Enola PA 11025-2945
Imlllll.Ululul.I.I.I..,I.II,lllllllhhl.l.l.,III..ffntl
004038
PRIVACY NOTICE.
MDC Credit Corp (the "Company") understands the importance of safeguarding the privacy of your
personal financial information. This notice descrilles how the Company handles your personal
information and what steps the Company takes tor protect the privacy of this information.
Collection of Infonnation
The Company collects personal information aboul you in the courSe of servicing your account only in
those instances where it is useful and allowed by Ilaw. The type of information collected may include:
Information the Company receives from you on applications and other forms;
Information about your transactions with the Ccpmpany. affiliated companies, or others; and
. Information from consumer reporting agencies,
Sharing Personal Information
The company does not release any personal infqrmation on current or former customers other than as
permitted by law without the customer's prior autljorization. Disclosures permitted by law include:
. Providing personal information to credit reportihg agencies regarding yDtlr account information
and payment history; .
Providing personal information concerning YOlk account to companies that Perform services
on the Company's behalf. These service companies agree to safeguard information aboul
you and must abide by applicable law.
. Providing personal information to affiliated cOl11panies for purposes of servicing your account.
Security Procedures to Protect Information
The Company restricts access to YDtlr pefSona~i formation to those employees who have a need to
know that information. Employees who have a ss to your information are required to protect it and
keep it confidential. We maintain physical, eject onic, and procedural safeguards that comply with
federal regulations to guard your personal info ation.
MDC Credit Corp
625 North Flagler Drive, Suite 625
West Palm Beach, FL 3340 I
(561) 352-2200
MIDCPRV220B7503302
E'd
8Si>S-8cl.-1.11.
Ooo~~es UU~I euueaa
eSE'80 90 80 uep
VN~
Wayne C. Stansfield
CERTIFICATE OF SERVICE
I hereby certify that on this 27h day of February, 2006, I caused a true and correct copy of
the foregoing Notification of Filing of Notice of Removal to be served by first class mail upon
the following:
Deanna Lynn Saracco
76 Greenmont Drive
Enola, P A- 17025
r--,,~
\
.-1
~