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Home My WebLink About06-5218 0(. , - s :ur (l,'oiL J~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Billie Pinci Holly Drive Camp Hill, PA 17011 DUNS DEMAND and Receivables Management Solutions, a/k/a RMS and/or DunsDemand 305 Fellowship Road, Suite 100 Mount Laurel, NJ 08054 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, Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732,3750 SaraccoLaw@aol.com )OJA-a'{!) p~ Signature of Attorney Dated: Cj -5"-0 (p WRIT OF SUMMONS TO THE ABOVE NAMED DI?FENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HA COMMENCED AN ACTION AGAINST YOU, Dated: .ge pJ. ? J.()do , By: Deputy ~ ~ ofQ. t 1. ~ _ N ~, ... ).) v ~ ~ ~ ~ J (') r-> C = 0 ~ c= ....:: C70 .." ~~\:j,~ en ..... '" :t:-n -0 n1- 'U I "r:;; --.I ~_~'"'C ~.-~ ( -;C) V -,- -r', , -'.;.\ :'~~.! -,;:, - ~?~~ ~- r:-? z >~ ~: ::0 I.D -< " l 1 I 1 rN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Billie Pinci Plaintiff. v. Civil Action No.: 06-5218 Dunsdemand, RMS, a/k/a Receivables Management Solutions, 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 County Bar Association 32 S. Bedford Street, Carlisle, P A 1-800-990-9108, 717-249-3166 NOTICIA Le han demandado a ust ~n 1 ~uire defenderse de estas demandas expuetas en las pagi. .' slquientes, usted tiene viente (20) dias de plaza a1 partir de 1a fecha ~_a excr}~a en persona 0 por y archivar en la corte en forma excri[a sus defensas 0 sus ectiones alas demande, la corte tomara medidas y entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja alivio que es pedido en la peticion de demanda. Usted puede r dinero 0 SUS edades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 51 NO TIENE ABOGADOO 51 NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVI ION, VAYA EN PERSONA 0 LLAME POR TELEFCNO A LA OFICINA CUYA DIRECCI0N SE PJEDECONSEGU~R ASIS7ENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Billie Pinci Plaintiff~ v. Civil Action No.: 06-5218 Dunsdemand, RMS, a/k/a Receivables Management Solutions, Defendant. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.c. S 1692a(3). 2. Defendant Dunsdemand, RMS, Receivables Management Solutions (hereinafter Defendant), is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 305 Fellowship Road, Suite 100, Mount Laurel, New Jersey, 08054. 3. On or about June and July, 2006, Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 4. Defendant is a debt collectors as defined by the state law and the FDCP A. 15 U.s.c. 11692a(6). 5. Defendant sent letters and/or made telephone calls to Plaintiff in June and July 2006, which are "communications" relating to a "debt" as defined by 15 U.S.c. I I 692a(2). 6. At all pertinent times hereto, the defendant alleged that Plaintiff, not a business, officer, director or employee of any business. owed a consumer debt. 5 U.S.c. ~ 1692a(5).. (Hereinafter the "alleged debt.") 7. Defendant communicated with plaintiff on or after one year before the date of this action, . . in connection with collection efforts, by letters, telephone contact or other documents, with regard to plaintiffs alleged debt. 8. Plaintiff believes and therefore avers that Defendanfs letters contained false, misleading, deceptive and/or confusing statements. 9. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications, were rude, beligerent. insulting and harassing to the Plaintiff. 11. Plaintiff disputes the alleged debt and hereby requests proof of the manner in which the alleged debt was calculated, as is required by state and federal law. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 12. Plaintiff hereby incorporates the foregoing as if fully stated herein. 13. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. 92270 et seq. 14. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. 92270.4(a). 15. 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). 16. Defendant's acts as described herein were done with malicious, intentional, willful, reckless, negligent and wanton disregard for Plaintiffs rights with the purpose of coercing Plaintiff to pay the alleged debt. 17. 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 Plaintiff's behalf and against defendant for a statutory penalty. treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. COUNT II - PENNSYL VANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 18. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 19. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 73 P.S. 9201-1 et seq. 20. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 21. 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 Plaintiffs behalf and against defendant for a statutory penalty. treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. ~201-902. COUNT III - FAIR DEBT COLLECTION PRACTICES ACT 22. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 23. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 91692, et seq. ("FDCP A"), particularly 15 U.S.e. 9 I 692k(d) and 28 U.s.e. ~1337. 24. Venue lies in this District pursuant to 28 U.S.e. 1391(b). 25. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.e. ~ 1692n. , ' 26. Plaintiff believes and therefore avers that defendant does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa.C .S. S7311 (a)( I) and (2). 27. 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. 18 Pa.C.S. S73112(b)(I). 28. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c. S 1692n. Defendant violated this section of the FDCP A. 29. Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law. 30. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.c. 91692f(1) and 1692e(2)A and B. 31. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 32. The FDCP A states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 lJ.s.c. ~ 1692f Defendant violated this section of the FDCPA. 33. The FDCP A states, a debt co\1ector may not use false, deceptive or misleading representation or means in connection with the collection of any debt. 15 U.S.c. s1692e(5) and (10),916921'(8) and S1692j. Defendant violated these sections of the Fncp A. 34. 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. 35. The FDCP A states, a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. 15 U.S.c. S 1692d. Defendant violated this section of the FDCP A. 36. The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.c. S 1692g. Detendant violated this section of the FDCP A. 37. Any threat oflitigation is false if the detendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff Bently v. Great Lakes Collection Bureau, 6 F.3d 62 (2d Cir. 1998). See also, 15 U.S.c. ~1692e(5), 15 U.S.c. ~1692e(10). 38. 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. 39. 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 tederal and state law and the rights of the Plaintiff herein. 40. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 41. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 42. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff 43. That. as a result of the wrongful tactics of defendants as atorementioned. plaintitf has been subjected to anxiety, harassment. intimidation and annoyance for which compensation is sought. . . WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order: (A) A ward 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. C) A ward Plaintiff costs of this litigation. including a reasonable attorney" s fee at a rate of $350.00/hour for hours reasonably expended Plaintiff s attorney in vindicating his rights under the FDCPA. permitted by 15 U.S.c. ~1692k(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 IV - FAIR CREDIT REPORTING ACT 44. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 45. The Fair Credit Reporting at. 15 U .S.C. ~ 1681 b prohibits the improper use of a consumer's credit information. 46. Plaintiff believes and therefore avers that the defendant reported false, misleading and/or inaccurate information on Plaintiffs credit report. without first validating the alleged debt. 47. Plaintiff believes and therefore avers that the defendant reviewed Plaintiffs credit report without proper authority or assignment of the alleged debt. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment ,., , I .. " 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 FCRA or each separate and discrete incident in which defendants have violated the FCRA. 15 U.S.c. 91681 n(a)(l )(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. C) A ward 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 FDCP A, permitted by 15 U.S.C. S 1681 n(3)C). COUNT V - PENNSYL VANIA ELECTRONIC TRANSFER ACT 48. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 49. Jurisdiction of this Action is pursuant to the Pennsylvania Electronic Transfer Act 73 P.S. 92260.101 et seq. 50. Agents of defendant, through false statements and threat of criminal action, harassed and intimidated Plaintiff so that she would give a checking account number and check number for payment. 51. Plaintiff revoked her consent for an electronic withdrawal of her account. 52. Plaintiff placed a stop-payment on the electronic checks, however, agents of defendant changed the amount so the stop-payment was not effective. 53. Defendant violated 73 P.S.*2260.301(bl. S2260.306(2). and is liable to the Plaintiff for statutory. actuaL treble and punitive damages and attorney's fees and costs. .. I .f' '" .. WHEREFORE, plaintitT requests that this Honorable Court issue judgment on Plaintiffs behalf and against defendant for a statutory penalty. treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 920 Dated:9/14/06 By: Isl nn Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PAl 7025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw~aol.com '-~ ~ 'j -\ ...-1 ..~,~... \ ,\ ,.., , 1l,....-.^' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Billie Pinci Plaintiff, v. Civil Action No.: 06-5218 Dunsdemand, RMS, alk/a Receivables Management Solutions, Defendant. PRAECIPE TO WITHDRAW and DISCONTINUE WITHOUT PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter, without prejudice, and/or discontinue without prejudice, pursuant to Rule 229, as the Plaintiff desires to re-file her case in the near future. This case should be discontinued. Dated: 10/30/06 Respectfully submitted, J)1J- I 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: Arnold F. Bass Attorney for Receivables Management Solutions 512 Seventh Avenue 11 th Floor New York, NY, 10018 Dated: 10/30/06 ~ Deanna Lynn Saracco ~ cJfL -";':"", .< ~ c;> c:I" o c") ~ <.,.' o ~, ."-. ;;- f>."- ';;;r , ;;~ i.:, ~};-~ Sy :2 Q. .-1..... ~~ -"\jt-) r:f!\ '~) ~-: M---;-l. .....-0 -;.:: )$A .~\ ~O :..::. - .' c.f\ ---i