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Home My WebLink About06-5219 ~ - !:J.l9 (2~:L ~IJ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Christine Gotwalt Holly Drive Camp Hill, PA 17011 Knightsbridge Receivables Management P. O. Box 25 Hamilton, Ohio, 45012-0025 and Credigy Services Corp. P. O. Box 2689 Suwanee, Georgia 30024 Plaintiff(s) & Addresses Defendant( s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOT AR Y 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 AJ~~ Si~nature of Attorney Dated: q ~ 5=-. 0 (a WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HA COMMENCED AN ACTION AGAINST YOU. Dated: __\'e.pf- ~, 200(.. By: Deputy - iCJ n ~ #- " Cl'l t:t- tIl ...... lJ ~ ~ ~ 0 ...., = 0 )..,) c = ~ :s- "" -n Do ~ cgfP (/) :r.!"Tl W rr1 --0 rn-- }J / , :afD 'J:' I ~ -. _J 'iT' c:: 1.- .:::~() --0 <~'~1~ . . 7'-," ,- -.,:..., ~,-,' '-t..... ~,"" c: ~ Orrl ~ 5J5 .- ", .', C1"> -< 1 I I I I , 2 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV AN[A Christine Gotwalt Plaintiff: v. Civil Action No.: 06-5219 Knightsbridge Receivables Management, and Credigy Services Corp., Defendants. 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 usted en ' estas demandas expuetas en la~ dias de pia a1 pa~~ir archivar en 1 cert en demande, la cor~e tOffiara previa aviso 0 netifi petioion de demanda. Usted derechos importantes para listed. ~r'e defenderse de ~st tien~ isnte 0) o por aboqado y alas 1_: t-a in lGe es en 1a ~ sus propiedades 0 otros LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATAMENTE. 51 NO IlENE ABOGADOO S1 NO TIENE EL DINERO SUF1C1ENTE DE PAGAR TAL SERVIC10N, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Christine Gotwalt, Plaintiff, v. Civil Action No.: 06-5219 Knightsbridge Receivables Management, and Credigy Services Corp., Defendants. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.c. sI692a(3). 2. Defendant Knightsbridge Receivables Management, (hereinafter Defendant and/or Knightsbridge), is a business entity( ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 20 High Street, Suite 207, Hamilton, Ohio, 45011, mailing address, P. O. Box 25, Hamilton, Ohio, 45012-0025. 3. Defendant, Credigy Services Corp., (hereinafter Defendant and/or Credigy), 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 2689. Suwanee, Georgia, 30024. 4. On or about July and August of2006. Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 5. Defendants are debt collectors as defined by the state law and the FDCPA. 15 U.S.C. 11692a(6). 6. Defendant sent letters and/or made telephone calls to Plaintiff in July and August 2006, which are "communications" relating to a "debt" asdefined by 15 U.S.c. 1 I 692a(2). 7. At all pertinent times hereto, the defendant was collecting an alleged debt relating to a consumer transaction, pursuant to 15 LJ.S.C. ~ 1 692a(5 ). (Hereinafter the "alleged debt.") 8. 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. 9. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading, deceptive and/or confusing statements. 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. 12. Plaintiff requested validation and/or verification of the alleged debt. 13. The validation and/or verification did not contain any specific information regarding Plaintiffs account. 14. The validation and/or verification did not contain any documentation that would prove that Plaintiff owes the alleged debt. 15. The amount demanded from Knightsbridge and the amount allegedly "verified" by Credidy, were different by approximately $5,000.00. 16. There was no explanation as to the discrepancy or how either defendant arrived at the alleged amount owed. 17. The alleged debt, if owed, would be more than 7 years old and cannot be reported on Plaintiffs credit report. 18. The alleged debt. if owed, is beyond the statute of limitations for a consumer lawsuit. 19. The alleged debt, if owed, would not be the amount represented by either defendant. 20. At all times pertinent hereto, common law Respondent Superior applies to the relationship between Defendant Knightsbridge and Defendant Credigy. 21. Plaintiff believes and therefore avers that defendants added intt~rest, fees and/or costs. 22. Plaintiff does not have an agreement with either defendant to pay interest, fees and/or costs, to either defendant. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 23. Plaintiff hereby incorporates the foregoing as if fully stated herein. 24. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act. 73 P.S. ~2270 et seq. 25. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. 92270.4(a). 26. 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). 27. 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. 28. 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. 2207.5. COUNT II - PENNSYL VANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 29. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 30. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 9201-1 et seq. 31. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 32. 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. 9201-902. COUNT III - FAIR DEBT COLLECTION PRACTICES ACT 33. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 34. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.c. 91692, et seq. CFDCPA"), particularly 15 U.S.c. SI692k(d) and 28 U.S.c. S 1337. 35. Venue lies in this District pursuant to 28 U.S.c. 1391(b). 36. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U .S.C. S 1692n. 37. 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). 38. 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). 39. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U .S.c. S 1692n. Defendant violated this section of the FDCP A. 40. Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law. 41. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.C. SI692f(l) and 1692e(2)A and B. 42. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 43. 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. ~ 16921'. Defendant violated this section of the FDCP A. 44. The FOCP 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. S I 692e( 5) and (10), S 16921'(8) and S I 692j . Defendant violated these sections of the FDCPA. 45. 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 FDCPA. 46. 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. 47. The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.c. S 1692g. Defendant violated this section of the FDCP A. 48. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Bently v. Great Lakes Collection Bureau, 6 F.3d62 (2dCir. 1998). See also, 15 U.S.C. sI692e(5).15 U.S.c. sI692e(10). 49. Courts have held that the threat of litigation is present simply because the letter comes from an attorney; the letter need not explicitly threaten suit. Crossley v. Lieberman, 868 F.2d 566 (3d Cir. 1989). United States v. Central Adiustment Bureau, 667 F. Supp. 370, 397 (N.D. Tex. 1986). 50. An attorney's interstate collection contacts must avoid misrepresenting the attorney's authority to sue where he or she is not admitted to practice. Crossley v. Lieberman, 868 F 2d 566 (3d Cir. 1989). 51. Defendant's contacts would easily confuse the least sophisticated consumer and cause the consumer to falsely believe that he/she could be sued in an out-of-state court. Rosa v. Gaynor, 704 F. Supp. 1 (D. Conn. 1989). 52. 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. 53. 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. 54. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 55. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 56. Defendant, in its collection efforts. used false or deceptive acts and intended to oppress . , , . and harass plaintiff. 57. That, as a result of the wrongful tactics of defendants as aforementioned, plaintitlhas 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, induding 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 D.S.C. S I 692k(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 58. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 59. The Fair Credit Reporting at, 15 U.S.c. S1681b prohibits the improper use ofa consumer's credit information. 60. Plaintiff believes and theretore avers that the defendant reported fiilse. misleading and/or inaccurate information on Plaintiffs credit report, without first validating the alleged 1 I . __ debt. 61. Plaintiff believes and therefore avers that the defendant placed a debt, more than 7 years old, on her credit report, in violation of 15 U.S.C. SI68lc(6). 62. Plaintiff believes and therefore avers that the defendant reviewed Plaintiffs credit report without proper authority or assignment of the alleged debt. WHEREFORE, Plaintiffrespectfully 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 FCRA or each separate and discrete incident in which defendants have violated the FCRA. 15 U.S.c. s1681n(a)(I)(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) 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 Plaintiffs rights under the FDCP A, permitted by 15 U.S.c. s1681n(3)C). By:WLynn Saraccn Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, P A 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aoI.com Dated:9/l4/06 1 . ~ ,.-I. -, .~ l ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Christine Gotwalt, Plaintiff, v. Civil Action No.: 06-5219 Knightsbridge Receivables Management, and Credigy Services Corp., Defendants. 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: 10/30/06 Respectfully submitted, ~ 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 electronic mail and U.S. Mail, a copy of the forgoing, on the defendant as follows: Jeffrey C. Turner Surdyk, Dowd & Turner Co., LPA Kettering Tower 40 North Main Street, Suite 1610 Dayton, OH 45423 Dated: 10/30/06 llM- Deabna Lynn Saracco ~ ~~~ 2~, rj ~T'l ~::~.~~ __~l -c -,-"" -"- r:-? en