HomeMy WebLinkAbout06-1903
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V AT\IA
AMY GRIVA,
Plaintilf
v.
Civil No.: Ols. - /9OJ
Uu; (/~~
SUPERIOR ASSET MANAGEMENT, INC.:
and Law Offiee of Lee Simpson,
Defendants.
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO THE DEFENDANT NAMED HEREIN:
You have been sued in COJrt. If you wis~ to defend against
the claims set forth in ~te followi~q pages, YOL ~ust take action
viithin twenty (20) days a.F~er t:l':S Complai.nt is coerved, i:Jy
entering a written appearance pe:scflally or by atto~ney and
filing in wr~ting with t~e court your defenses O~ objections to
the claims set for~h against you. You are war~ed ~hat j_f YOL
fail to do so, the case may p~cceed withcut fJrther notice for
any money claimed in the Complaint, or for ary other c~aim or
relief reqllested by the P~ain~iff. 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, I' A
1-800-990-9108,717-249-3166
NOTICIA
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IN THE COlJRT OF COMMON PLEAS
CUMBERLAND COlINTY, PENNSYLVANIA
AMY L. GRIV A,
Plaintiff
v.
Civil No.: Dt... - jCI03 C;o~L ~0<-.{
Superior Asset Management. Inc., and
Law Office of Lee Simpson,
JURY TRIAL DEMANDED
Detendants.
COMI'LAINT
COUNT 1- PENNSYL VANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
1. Jurisdiction tor this Action is asserted under the Pennsylvania Fair Credit Extension
UnilDrmity AcL 73 P.S. ~2270 et seq.
2. Violating provisions orthe [air Debt Collection Practices Act also violate the
Pennsylvania FeEU, 73 P.5. ::i2270.4(a).
3. That defendants engagcd 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
of 3 7 Pa.Code ::i::i303.3(3). 303.3(14), 303.3( I 8), 303.6 and 73 [>.S. ~20 1-2( 4).
4. Defendants- acts as described herein were done with malicious, intentional, willful,
reckless, negligent and wanton disregard !(lr Plaintiffs rights with the purpose of
coercing Plaintiff 10 pay the alleged debt.
5. As a result of the above violations. Plaintitf is entitled to statutory, actual, treble and
punitive damages and attorney's fees and costs.
WHEREFORE, plaintiff requests thaI this Honorable Court issue judgment on his behalf
and against defendants IDr a statutory penalty, treble damages, punitive damages, attorney fees
and costs pursuant to 73 [>.S. ~2270.5.
COlJNT 11- FAIR I)EBT COLLECTION PRACTICES ACT
6. PlaintitT hereby incorporates the forgoing as if hilly set torth herein.
7. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act.
15LJ.S.C. S1692, e[ seq. ("I-DCPA"), particularly 15 U.s.C. SI692k(d) and 28 U.s.C.
~ 1337.
8. Venue lies inlhis District pursuant to 28 U.S.c. 1391(b).
9. Plaintitr is an individual and consumer, residing within this Commonwealth, pursuant to
15 U.S.c. sI692a(3).
10. Defendant Superior Asset Management, Inc.. is a business entity(ies) engaged in the
business of collection debts in this Commonwealth. with its mailing address of P. O. Box
1928. Ft. Walton Beach, Florida. 32549-1928.
II. Dcfendant. Law Ofliee of Lee Simpson_ is a law tirm/attorney, engaged in the business of
collecting debts in this Commonwealth, with its mailing address of P. O. Box J 928, Fl.
Walton Beach, Florida_ 32549-1928.
12. Defendants are debl collectors as defined by 15 U.S.c. 1 1692a(6).
13. Defendants sent letters and/or made telephone calls to Plaintiff: dated February 27,
2006, and calls in March of 2006_ which are are a "communications" relating to a "debt"
as defined by 15 U.S.c. 11692a(2).
14. Dc1endant repeatedly contacted Plainliffon her cell phone. used tc)r employment
purposes.
15. At all pertinent times hereto, the deJendants were hired to collect a debt relating to a
consumer transaction as detined by 15 lJ.S.c. S 1692a(5). (Hereinafter "alleged debt.")
16. Defendant communicated with plaintiff on or after one year before the date of this aetion_
in eonnection with collection dl()rts_ by letlers, telephone eonlaet or other documents.
with regard to plaintitrs alleged debt.
17. Plaintiff believes and therefore avers that defendants are adding interest, fees and costs in
violation of state and federal law.
18. Defendant in its eolleetion efforts, demanded interest. fees and/or costs in violation of the
FDCPA, 15 u.s.c. 016921(1) and I 692e(2)A and B.
II). There was never an express agreement by Plaintitf to pay any addilional fces, cost or
interest 10 Dcfendanls.
20. The rDCp A states that a violation of statc law is a violation of the FDCP A. 15 U.s.C.
01692n. Pennsylvania law statcs, in pertinent part. 18 Pa.C.S. ~7311 :
"Unlawful collection agency practices.
(a) Assignment of claims. It is lawful for a collection agency, for the purposc of
collecting or enforcing the payment thereof to take an assignment of any such
claim tt.om a creditor. if all 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 prohibil
assignmcnts.
3. The eollection agcncy complies with the act of Decembcr 17, 11)68...
(b.1 )Unfair or deceptive methods. It is unlawful fClr a collector to collect any
amount. including any interest. fee. eharge or cxpense incidental to the principal
obligation, unless sueh amount is expressly provided in the agreement creating the
debt or is permitted by law."
21. Plaintiff believes and therefore avers that the defendants do not havc proper assignment
of her claim, in violation of Pennsylvania law.
22. Plaintiff believes and there1c)re avers that defendants do not have proper assignments
and/or documentation pcrmitting said detCndants to eharge interest. fees and/or costs.
23. Agents of defendant Superior Asset and Law Office of Lee Simpson, contacted Plaintiff
on her cell phone, used for employmenl purpose.
24. Plaintiff informed agents of defendant that she could not rcceive calls while working.
25. Agents of dcfendant ignored Plaintiffs demand to stop contacting her cell phonc, and
continued to contact her.
26. Plaintiff drives disabled children and the agents of del'endant contacled her \\hilc she was
performing her duties.
27. When Plaintiff hung up the phone, the defendants called back.
28. PlaintilTcannot turn offhcr cell phone because the school or parents must be able to
contact her regarding the children she is driving.
29. Plaintiff must answcr her telephone becausc she cannot take time to read the small, caller
identification and must be available fDr school personnel and parents.
30. Agents of defendant_ continued 10 call Plaintiff on hcr cell phone. despite being told not
to do so.
31. Agents of defendant continued to call Plaintilf on her cell phone, despite the rise of
potential injury answering her phone could have on the disable children she drives.
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Sevcral ofthc children she drives are autistic, and the sound of the telephone irritates
them and could cause thcm to have a panic attack.
33. Plaintiff offered to make payments and disputed the amount listed on the letter.
34. Defendant failed to advise Plaintil'Cas to her rights under the FDCPA and ho\\ to dispute
the allegcd debt.
35. Defendant refused to accept Plaintiffs payments and demanded more than Plaintil'Ccould
afford to pay.
36. Plaintiff attempted to contact the number of the Law Office of I,cc Simpson and could not
get through to a law firm.
37. Plaintitfbelicves and therefore avers that dcfendant Law Officc is working in concert
with thc defendant debt collection agency. in violation of state and federal law.
38. The FDCP A states_ a debt collector may not usc unfair or unconscionable mcans to
collect or attempt to collect any dcbt. 15 U.s.e. Ii 1692f Defendant violated this scction
of the FDCPA.
39. The FOCI' A states that a violation of state law is a violation of the FDCP A. 15 USe.
Ii 1692n. Defendant violated lhis section of the rocI' A.
40. The FOCI' 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. Ii 1692e.
Defendant violated this section of the rocI' A.
41. Defendants letters do not advise Plaintiff the name ofthc original creditor.
42. The Fair Credit Reporting at. 15 U .S.e. Ii 1681 b prohibits the improper use of a
consumer's credit information.
43. The FDCI' A states. a debt collector may not engage in any conduct the natural
consequcnee of which is to harass. oppress or abuse any person in connection with the
collection of a debt. 15 U.S.e. Ii I 692d. Defendant violated this section of the FDCP A.
44. The FDCPA states. it is unlawti.Ii to design. compile and ti.Inlish any form knowing that
such form would be used to creatc the lalse believe in a consumer that a pcrson other than
the creditor of such consumer it participating in the collection of or in an atlempt to
collect a debt such consumer allegedly owes such creditor. when in fact such person is
not so participating. 15 LJ.S.c. Ii 1692j. Defendanl violated this seclion of the rDCp ^.
45. The FDCPA provides certain rights to lhe consumer regarding her right to dispute the
alleged debt. 15 U.S.c. S 1692g. Defendant violated this section of the FDCP^.
46. The FDCPA states, it is unlawful to add intcrest, chargcs, fees or other costs unless
authorized by law or contract; Plaintiff does not have a contract with Defendant.
15 lJ .S.C. S 1692f and S 1692e(2)(^) and (B). Defendant violated this section of the
FDCPA.
47. Dcfendant's collection communications wcre intentionally confusing, misleading and
otherwise deceptive to the Plaintiffs, in violation of 15lJ.S.C. sI692e(5) and (10).
48. Defendant's communications erealed a false sense of urgency on the past ofPlaintilfin
violation of the FDCPA.
49. Defendants otlered Plaintiff a settlement, causing her to believe litigation was imminent.
50. Any threat of litigation is false if the delendant rarely, sues consumer debtors or if the
defendant did not intend to sue the Plaintiff. Bentlv v. Great Lakes Colleclion Bureau. 6
F.3d 62 (2d Cir. 1(98). See also, 15lJ.S.e. sI692e(5), 15 U.s.e. sI692e(10).
51. 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 coursc of their employment, and
under the direct supervision and control of the delendants herein.
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^t all times pcrtinent hereto, the conduct of defendant as well as their agenls, servants.
and/or employces, was malicious, intentionaL willfuL reckless, ncgligent and in wanton
disregard for federal and state law and the rights of the Plainliff herein.
53. Defendant's letters were intcnlionally confusing and deceptive. in violation of 15 u.s.c.
S 1692e(5) and (10). S 1692t(8) and S I 692j.
54. Plaintiff was confuscd, deceived and believed that litigation was imminenl if settlement
was not made.
55. The above mentioned acts with supporling cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages.
56. Defendant in its collection eff(lrts, violated the cOCP A, inter alia, Sections 1692, b, c, d,
e, t: g, h, and/or n.
57. Defendant, in its collection efforts, used t~t1se or deceptive aets and intended to oppress
and harass plaintitl.
58. 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, Plaintitl respectfully requests that his Honorable Court enter judgment
on his behalf and against defendants and issue an Order:
(A) A ward Plaintitl. statutory damages in the amount of One Thousand Dollars
($1.000.00) for each violation of the FOCPA or cach separate and discrele
incident in which defendants have violated the FOCI' A.
(8) A ward Plaintitl. general damages and punitive damages for anxiety, harassmcnt
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.
(C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
rate of$350.00/hour tor hours reasonably expended by his attorney in vindicating
his rights under the FOCP A, permitted by 15 U.S.c. ~ I 692k(a)(3).
(D) Award declaratory and injunctive rclieL and such othcr relicf as this Ilonorable
Datcd: 3/29/2006
By: /s!De
Deanna Ly
Attorney f r
76 Greellli10nt Drive
Fnola_ Pennsylvania 17025
Tclephone 717-732-3750
Fax 717-728-9498
E1l1ail: SaraccoLawili;aol.co1l1
Court deems neccssary and proper or law or
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AMY L. GRIV A,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY
:PENNSYL V ANlA
v.
Civil Action
Superior Asset Management, Inc., and
Law Office of Lee Simpson,
Civil No.: 2006-1903
JURY TRIAL DEMANDED
Defendants.
IMPORTANT NOTICE
TO: PRESIDENT
SUPERIOR ASSETS
P. O. Box 1928
Ft. Walton Beach, FL 32549-1928.
Damon Ellis, Esquire
Saxon Gilmore
201 E. Kennedy Blve., Suite 600
Tampa, FL 33602.
DATE OF NOTICE: MAY 24. 2006
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A
717-249-3166 - 800-990-9108
ilM-.
De~a Lynn Saracco
76 Greenmont Drive
Enola, P A 17025
(717) 732-3750
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
AMY 1. GRIV A,
Plaintiff,
v.
Civil No.: 2006-1903
Civil Action
Superior Asset Management, Inc., and
Law Office of Lee Simpson,
JURY TRIAL DEMANDED
Defendants.
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
settled their dispute. This case is now discontinued, please mark this case CLOSED.
Dated: 6/IO/06 By: ~ Saracco
Deanna Lynn Saracco
Attorney for Plaintiff
76 Greenmont Drive
Enola, Pennsylvania 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
I hereby certifY that a true and correct copy will be served on defendant, via U.S. First Class
Mail, as follows:
Damon Ellis
SAXON GILMORE
201 E. Kennedy Blvd., Suite 600
Tampa, FL 33602
6/10/06
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