Loading...
HomeMy WebLinkAbout06-3727 0<. - J7~7 (l;u~L <:.y~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Reina Gagabuan 222 Four Seasons Lane Enola, P A 17025 Great Vacation Destinations 7301 West Oakland Park Boulevard Lauderhill, FL 33319 Plaintiff( s) & Addresses Defendant( s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to (X ) Attorney ( ) Sheriff. [J~ Signature of Attorney Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com Dated: 4 !J-.si /0 c;. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS COMMENCED AN ACTION AGAINST YOU. Dated: ~{1 . \~ _ .29 ":>(Y~ I Prothonotary ~y: ~I7.P~P.Zf:;~~ De tt:) r.:. ~ .. 1 h ~ l; d ~ ~ ~ \> J ~ ~ ?z~ ;~:~ \' L ~~ ~) \.LI -:.1 ~ ,,) C) ~~ en .< ~ '.Reina ClC9Q.bUO\{)j l>\(l\ ntii'f J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA '\J. 6reoi VO[aHGn ~S+7~ NOTICE ~ ~d:l()t.J TO THE DEFENDANT NAMED HEREIN: CASE NUMBER: 06-3727 TO PLEAD 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 en la corte. Si usted quire defenderse de est as demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita 0 en persona 0 por abogado y archivar en la corte en forma excrita sus defensas 0 sus objectiones alas demande, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA REINA GAGABUAN, Plaintiff, v. Civil No.: 06-3727 GREAT V ACA nON DES TINA nONS, Defendant. COMPLAINT COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT I. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. 92270 et seq. 2. That defendant 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 of37 Pa.Code 99303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. 9201-2(4). 3. Defendant's 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 purchase its services. 4. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on her behalf and against defendant for an amount greater than $30,000.00, plus a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 92270.5. COUNT II - FRAUD 5. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 6. Plaintiff resides in this Commonwealth with a mailing address of222 Four Seasons Lane, Enola, P A 17025. 7. Defendant is a business entity, engaged in the business of defrauding consumers into purchasing its services, with a mailing address of 730 I West Oakland Park Boulevard, Lauderhill, FL 333 19. 8. Defendant contacted Plaintiff, advising her that she won a "free trip." 9. Defendant further stated that she won a free trip to Orlando, Florida, that she won the Harrisburg Pet Expo raffle, that everything was tax free, that there were no luxury taxes involved, that she also won a trip to Aruba and Las Vegas. 10. The agents name was Scott Martin. 11. During the course of the conversations, defendant fraudulently obtained Plaintiff's checking account number. 12. Plaintiff informed defendant that she did not wish to purchase her "free trip" and so told defendant. 13. Within 48 hours, defendant withdrew $398.00 from Plaintiffs checking account. 14. Plaintiff contacted defendant however Mr. Martin was unavailable. 15. Plaintiff requested a refund was told to call customer service. 16. Plaintiff contacted customer service, spoke with agent with a heavy accent, who abruptly told Plaintiff that the deposit for the free trip was non-refundable. 17. Plaintiff contacted her bank and her supervisor for assistance. 18. Plaintiff made numerous calls to defendant's agents, each one refusing to assist her. 19. Plaintiff contacted an attorney. 20. Several days later, Plaintiff received written documents from defendant, outlining some of the "free trips." 21. Plaintiff used the information on the documents to request a refund. 22. On May 18, 2006, Plaintiff requested a refund for the unauthorized payment by sending the document by certified mail. 23. At this point, Plaintiff expended 6 hours of her time, lost from work, dealing with this Issue. 24. Plaintiff consulted with an attorney and sent the documents by certified mail, causing her a trip to the post office as well as out-of-pocket expenses. 25. Defendant's "agreement" stated that she would receive a refund in 10 days. 26. Plaintiff received a refund on June 21, 2006, only after she advised them that she found an attorney and was planning to sue them. 27. Defendant harassed Plaintiff on the telephone, making calls on the following dates/times: May 8,2006, call at 4:27 p.m., 7:06 p.m., 7:44 p.m., June 7, 2006, 3:54 p.m., June 8, 5:04 p.m., June 13,2006,11:10 a.m. 28. The calls made on June 7, 8, and 13, were for the intent of threatening Plaintiff and informing her that her payment for the "free trip" was non-refundable. 29. Agents of defendant were belligerent, insulting and otherwise abusive to the Plaintiff. 30. Agents of defendant caused Plaintiff emotional strife, financial hardship and time lost from work, all in an attempt to obtain a "refund" of the unauthorized withdrawal from her checking account. 31. 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 plaintiff s alleged debt. 32. Defendant used false, deceptive and/or misleading representations in order to obtain Plaintiff financial information. 33. At all time pertinent hereto, the defendant was acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the defendants herein. 34. At all times pertinent hereto, the conduct of defendant as well as their agents, servants, and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton disregard for federal and state law and the rights of the Plaintiff herein. 35. Plaintiff was confused, deceived and believed and spent considerable time and expense to obtain a "refund." 36. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 37. That, as a result of the wrongful tactics of defendant as aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. 38. That, as a result of the wrongful tactics of defendant, plaintiff was subjected to financial loss for which compensation is sought. WHEREFORE, Plaintiffrespectfully requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order awarding Plaintiff actual, general, statutory, treble, and punitive damages in an amount exceeding $30,000.00, as well as declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. COUNT III - CLASS ACTION 39. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 40. Defendant engaged in unlawful, fraudulent and malicious conduct in violation of state and federal law. 41. Defendant made false, deceptive and misleading statements to Plaintiff. 42. This action seeks a declaration that defendant continuously and repeatedly makes similar false, deceptive and misleading statements to other Pennsylvania consumers. 43. This action seeks a declaration that defendant's business practices violated state and federal law. 44. The Class consists of all persons who received calls identical or similar to that received by Plaintiff, informing her that she won a "free trip" and then attempting to charged consumers for the "free trip." 45. Plaintiffs claims are typical of the claims of the Class. 46. It is unknown how contacts were made by the defendant, as such, Plaintiff believes and therefore avers that the number exceeds 100 persons. 47. Common relief is therefore sought on behalf of all members of the Class. 48. This Class Action is superior to other available methods for the fair and efficient adjudication of this controversy. 49. The prosecution of separate action by individual members of the class would create a risk of inconsistent or varying adjudications with respect to the individual members of the Class, and a risk that any adjudications with respect to the interests of the other members . ' . of the Class would, as a practical matter, either be dispositive of the interests of other members of the Class not party to the adjudication or substantially impair or impede their ability to protect their interests. Defendants acted in a manner applicable to the Class as a whole that warrants declaratory relief. 50. The Plaintiff will fairly and adequate protect and represent the interests of the Class. The management of the Class action proposed is not extraordinarily difficult and the factual and legal issues raised will not require extended contact with the members of the Class because defendant's conduct was perpetrated on all members of the Class and will be established by common proof. Plaintiff s counsel, attorneys Saracco and Rosen, participated as attorneys in class actions brought pursuant to the FOCP A. 51. Given the nature of defendants' practices, it is likely that other consumers in Pennsylvania have been harmed by these practices. 52. The law firm of Krevsky & Rosen, located at 110 I North Front Street, Harrisburg, Pennsylvania, have agreed to enter its appearance as co-counsel to ensure that Plaintiffs counsel will have adequate resources to represent the class. 53. This action could be handled as a no-notice class, and is superior to the alternative, hundreds of Pennsylvania residents filing separate FDCP A actions. 54. Plaintiff respectfully requests that this Honorable Court consider the frequency and persistence of defendants' non-compliance, the nature of defendants' non-compliance, and the obvious intentional nature of the defendants by making false, deceptive and misleading statements to Pennsylvania consumers in order to obtain payment for a "free trip. " 55. Plaintiff respectfully requests that this Honorable Court certify the class and award such , . amount for each named Plaintiff, plus such amount as this Honorable Court may allow for all other class members, and attorney fees of$350.00 per hour per Pennsylvania statute, and costs as reasonably determined by this Honorable Court. WHEREFORE, Plaintiff respectfully requests that this Honorable Court a. Certity the class, b. Appoint Plaintiff to represent the members of the class, c. Appoint Deanna Lynn Saracco and the law firm of Krevsky & Rosen as counsel for the class, d. Declare that defendant's tactics violated state and federal law, e. Declare that defendant's business practices violated state and federal law, f. Enter judgement in favor of Plaintiff and the Class and against Defendants, for statutory damages, costs and reasonable attorney fees in the amount of$350.00 per hour, g. Grant such further relief as this Honorable Court deems just and proper. Dated: 711 0/06 By: / racco Dean a Lynn aracco Attorney for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com @ r""'-..) "-'1 .-1 " ,'\, Brett M, Woodburn, Esquire Attorney J.D. #81786 CALDWELL & KEARNS 3631 North Front Street Harrisburg, P A 17110 (717) 232-7661 Attorney for Great Vacation Destinations REINA GAGABUAN, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 06-3727 GREAT VACATION DESTINATIONS, Defendant CNIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Great Vacation Destinations, in the above- captioned matter. Respectfully submitted, CALDWELL & KEARNS Dated: ~lf /o~ (,-- oodbum, Esquire mey I.D, No. 81786 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 't ... .. CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this 1./.), day of /I i/G-I/sr ,2006, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 CALDWELL & KEARNS BY~~ 06406-002/105083 o c. ;;:;. -0 co CPG-\ zf--. (f?: i:. ~t::' "1';("" $.~:: ~~ -<. . ...... ~ d' ~ G""l - .r:- Q. ~~ ::'3rn~ b -)~; :::1_::Q %P, "'" ~ -0 :;:>t: '-:? N o eN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REINA GAGABUAN. Plaintiff: v. Civil No.: 06-3727 GREAT V ACA nON DESTINATIONS. Detendant. PRAECIPE TO WITHDRAW WITHOUT PRE.JlJDICE And now comes Plaintiff: by and through her counsel. Deanna Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter, vvithout prejudice. We will be refiling the case as soon as is practical. For nm\'. this case should be discontinued and you may mark this case CLOSED. Respectfully submitted. Dated: 9/5/06 Danna Lynn Saracco. Attorney for Plaintiff 76 Greenmont Drive Enola, PAl 7025 717-732-3750 Certificate of Service: I hereby certify that I served, via U.S. First Class Mail. a copy of the forgoing, on the defendant as follows: Brett M. Woodburn, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 ;QM Dated: 9/5/06 Deanna I.ynn Saracco C"} (.!',.., . , , .--' -0 -. ~' ';1, -3 \;.'0 -- ,~ Ll ~ r--"-' -----