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Home My WebLink About06-3889 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMY GRIV A, Plaintiff, ] ] ] ] I 3'i1'1?f t'c1, - lII/IIB- ~ v. OSI Collection Services, Inc. Defendant. NOTICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) dayS after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Connty 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 estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dlas de plaza al partir de la fecha de la excrita 0 en persona 0 par abogado y archivar en la corte en forma excrita sus defensas 0 sus objectiones alas demande, la corte tornara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y par cualquier gueja 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 ON ABOGADO 1MMED1ATAMENTE. S1 NO T1ENE ABOGADOO S1 NO T1ENE EL D1NERO SOF1C1ENTE DE PAGAR TAL SERV1C10N, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIC1NA COYA DIRECC10N SE POEDECONSEG01R AS1STENC1A LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMY GRIV A, Plaintiff, v. Civil No.: 0(,- 3Ft'9 Cu;;) 1.-.. OSI COLLECTION SERVICES, INC., Defendant. COMPLAINT COUNT 1- 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. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. 92270.4(a). 3. 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). 4. 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 pay the alleged debt. 5. As a result of the above violations, Plaintitfis entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintiff's behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 92270.5. COUNT II - FAIR DEBT COLLECTION PRACTICES ACT 6. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 7. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 91692, et seq. ("FDCPA"), particularly 15 U.S.c. 9l692k(d) and 28 U.S.C. 91337. 8. Venue lies in this District pursuant to 28 U .S.c. 1391 (b). 9. Plaintiff is an individual, residing in Pennsylvania, and consumer pursuant to 15 U.S.C. 9 I 692a(3 ). 10. Defendant OSI Collection Services, Inc., is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at P. O. Box 550720, Jacksonville, FL 32255-0720. 11. Defendant is a debt collectors as defined by the FDCP A. 15 U.S.c. I I 692a(6). 12. Defendant made numerous telephone calls to Plaintiff, from July 25, 2005, to June 2006, which are "communications" relating to a "debt" as defined by 15 U.S.c. I I 692a(2). 13. At all pertinent times hereto, the defendant was hired to collect a debt relating to a consumer transaction as defined by 15 U.S.C. 9 I 692a(5).. (Hereinafter the "alleged debt.") 14. 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. 15. Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law. 16. On or about July 25, 2006, Keith Madden from OSI, contacted Plaintiff regarding payment and informed her that if she did not pay, interest, fees and costs would accumulate until the debt was more than 100 times its original principal. 17. At that time, Mr. Madden said that he would file suit against Plaintiff but ifshe paid 40% of the balance that date, he would not file suit. 18. Plaintiff explained that she could not afford to pay the full 50%, but would make payments. 19. Mr. Madden refused her offer and hung up. 20. On or about October 11,2005, Mr. Madden contacted Plaintiff again indicating that now, Plaintiff owed twice as much as she did before. 21. On or about April 19, 2005, Plaintiff started receiving calls from the supervisor, Ted Young. 22. On or about April 21, 2006, Mr. Ted Young advised Plaintiff that he was charging her an additional $15.00 per month for non-payment as well as any other interest, fees and/or costs that the original creditor charged. 23. Plaintiff indicated again that she tried to make payment arrangements. 24. Mr. Young said that he was going to sue Plaintiff unless she settled for 50% of the allged debt. 25. Once again, Plaintiff indicated she would set up payment arrangement, however, even though OSI had been contacting her since last July, 2005, Mr. Madden refused to give a mailing address. 26. Plaintiff explained that she could have been making payments for the past 6 months, however, she had no idea where to send the payments. 27. Mr. Young said that they only accepted settlements and that the settlements had to be made by "Quick Collect" or electronic withdrawal from her checking account. 28. Mr. Young said, "too bad, 1 am going to sue you." Mr. Young hung up. 29. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.C. 91692f(l) and 1692e(2)A and B. 30. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 31. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U.S.c. 91692n. Pennsylvania law states, in pertinent part, 18 Pa.C.S. 97311: "Unlawful collection agency practices. (a) Assignment of claims. It is lawful for a collection agency, for the purpose of collecting or enforcing the payment thereof, to take an assignment of any such claim from a creditor, 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 prohibit assignments. 3. The collection agency complies with the act of December 17, 1968... (b. I )Unfair or deceptive methods. It is unlawful for a collector to collect any amount, including any interest, fee, charge or expense incidental to the principal obligation, unless such amount is expressly provided in the agreement creating the debt or is permitted by law." 32. Plaintiff believes and therefore avers that defendant does not have proper assignment of the claim, in violation of Pennsylvania law. 33. Plaintiff believes and therefore avers that defendant does not have proper assignments and/or documentation permitting said defendants to charge interest, fees and/or costs. 34. The FDCP A states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U .S.c. 9l692f. Defendant violated this section of the FDCPA. 35. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. gI692n. Defendant violated this section of the FDCPA. 36. Defendant's initial communication was by telephone call and at no time did defendant give Plaintiff her rights to dispute the alleged debt. 37. Plaintiff could not respond to defendant's communications because the defendant refused to give her a mailing address. 38. Plaintiff disputes the alleged debt. 39. 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. IS U.S.c. g1692e. Defendant violated this section of the FDCP A. 40. The Fair Credit Reporting at, 15 U.S.c. gl681b prohibits the improper use ofa consumer's credit information. 41. The FDCP A states, a debt collector may not discuss the consumers alleged debt with a third party. The Defendant violated this section of the FDCP A. 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. IS U .S.C. g I 692d. Defendant violated this section of the FDCP A. 43. The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.c. g l692g. 44. 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. g1692fand gI692e(2)(A) and (B). Defendant violated this section of the FDCP A. . , . 45. Defendant's collection communications were intentionally confusing, misleading and otherwise deceptive to the Plaintiffs, in violation of 15 V.S.C. sI692e(5) and (10), SI692f(8) and SI692j, see also, In re Belile, 208 B.R. 658 (E.D. Pa 1977). 46. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Bentlv v. Great Lakes Collection Bureau, 6 F.3d 62 (2d Cir. 1998). See also, 15 V.S.C. S l692e(5), 15 U.S.c. S I 692e(l 0). 47. 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. 48. 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. 49. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.c. sI692e(5) and (10), SI692f(8) and S1692j. 50. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 51. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 52. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 53. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 54. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has f t _. been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiffrespectfully requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FDCP A or each separate and discrete incident in which defendants have violated the FDCP A. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. Il';)) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of$350.00/hour for hours reasonably expended Plaintiffs attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.c. sI692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or e Dated: 7/11/06 By: / a a Saracco Deanna Lynn aracco, ttorney for Plaintiff 76 Greenmont Drive, Enola, P A 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com \~ " ~ ~ ~ ~ "- ~ ~ ~ ~ &-. ~ &.. \:! '\ ~\'1 \ " ~ ~ ~ I.....,) C:-} (') ~< ~n -I -~ leG:!! - ~-; [g , ~}(> :.": . '("-j ", "'- c::-. .:.) r,_ .., - ...... Sharon M. O'Donnell Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717)651-3503 Attorneys for Defendant, OSI Collection Services, Inc. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMY GRIV A, v. CASE NO.: 06-3889 Civil OSI Collection Services, Inc., DEFENDANT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, OSI Collection Services, Inc., in the above captioned matter. Respectfully submitted, ALL, DENNEHEY, WARNER, N & GOGGIN Date: ~J q (0)> BY: S ON M. O'DONNELL, ESQ. .D. NO. 79457 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3503 \05_ AILIABISMOOONNELLISLPG\228626\JLKA W ALEC\lS0001S0000 .. r CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that 1 have served upon all parties a true and correct copy of the foregoing document this date via First Class United States mail, postage prepaid as follows: Deanna Lynn Saracco 76 Greenmont Drive Enola, P A 17025 Date: August 9, 2006 (") ...... c: "'" ~ """ ;s:: - ~l'P ~ ~ en 2' (;') 111~ ~S;. 0 ~ -<. .~ !:;::C .~~ ~c .." -C' ::J: 5>' C 4? (5 z 35 :< 0 -.I '< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMY GRIV A, Plaintiff, v. Civil No.: 06-3889 OSI COLLECTION SERVICeS, INC., Defendant. PRAECIPE TO WITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter. with prejudice as the parties have amicably settled their dispute. This case should be discontinued and you may mark this case CLOSED. Dated: 9/14/06 ~mitted. Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive Enola, P A 17025 717-732-3750 Certificate of Service: I hereby certify that I served, via hand delivery, a copy of the forgoing. on the defendant as follows: Sharon M. O'Donnell Marshall Dennehey Warner Coleman and Goggin 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 . &!* D~nna ynn Saracco Dated: 9/14/06 0,- .- :-'\1 > (+ \;--.. r --...., c