HomeMy WebLinkAbout06-5221
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Joseph A. Thorn
506 Magaro Road
Enola, P A 17025
Trauner, Cohen, and Thomas, LLP
Attorneys at Law and
CACH, LLC
2880 Dresden Drive, Suite 300
Atlanta, Georgia, 30341
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
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Sig a ure of Attorney
Dated:
q-~tJft,
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PL
COMMENCED AN ACTION AGAINST YOu.
Dated:~Ob
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Joseph A. Thorn,
Plaintiff,
v.
Civil Action No.: 06-5221
Trauner, Cohen, and Thomas, LLP,
Attorneys at Law, and CACH, LLC.,
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 1a corte. 5i usted quire defenderse de
est as demandas expuetas en las paginas siquientes, usted tiene viente (20)
dias de plaza al partir de 1a fecha de 1a excrita 0 en persona 0 par abogado y
archivar en 1a corte en forma excrita sus defensas 0 sus objectiones alas
demande, 1a corte tomara medidas y puede entrar una orden contra usted sin
previa aviso 0 notificacion y por cualquier queja 0 a1ivio que es pedido en la
petician de demanda. Usted puede perder dinero 0 sus prapiedades 0 otros
derechos importantes para usted.
LLEVE ESTA OEMANDA A UN ABOGADO 1MMEDIATAMENTE. SI NO TIENE ABOGADOO 81
NO T1ENE EL 01NERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OF1CINA CUYA D1RECCION SE PUEOECONSEGUIR ASISTENCIA LEGAL.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Joseph A. Thorn,
Plaintiff,
v.
Civil Action No.: 06-5221
Trauner, Cohen, and Thomas, LLP,
Attorneys at Law, and eACH, LLC.,
Defendants.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuant to 15 U.S.C. S 1 692a(3).
2. Defendant Trauner, Cohen, and Thomas, LLP, (hereinafter Defendant and/or TCT), is a
business entity(ies) engaged in the business of collecting debts in this Commonwealth
with its principal place of business located at 2880 Dresden Drive, Suite 300, Atlanta,
GA, 30341.
3. Defendant, CACH, LLC, (hereinafter Defendant and/or CACH), is a business entity in the
business of purchasing consumer debt that are in default and then collecting the debt of
consumers in this Commonwealth, with its principal place of business located at 370 1 Th
Street, Suite 5000, Denver, Colorado, 80202-3050.
4. On or about August Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in
an attempt to collect an alleged consumer debt.
5. Defendant is a debt collectors as defined by the state law and the FDCPA. 15 U.S.C.
1 1 692a(6).
6. Defendant sent letters and/or made telephone calls to Plaintiff in August 2006 and
September, 2006, which are "communications" relating to a "debt" asdefined by 15
U.S.c. 11692a(2).
7. At all pertinent times hereto, the defendant was collecting an alleged debt relating to a
consumer transaction, pursuant to 15 U.S.c. 9 1692a(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.
1 O. Plaintiff believes and therefore avers that agents of Defendant, in its telephone
communications made false, misleading, deceptive and/or confusing statements.
11. Plaintiff believes and therefore avers that agents of Defendant, in its telephone
communications, were rude, beligerent, insulting and harassing to the Plaintiff.
12. 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.
13. Defendant TCT is a law firm, that is not licensed to practice law in Pennsylvania.
14. Plaintiff believes and therefore avers that Defendant TCT uses is position and title as
attorneys in order to add heightened urgency and intimidation to its collection practices.
15. Defendant TCT uses is attorney status to make false, misleading and/or deceptive
representation and/or implications that it has authority to take legal action in
Pennsyl vania.
16. Defendant TCT failed to make clear to the Plaintiff that it has no authority to take legal
action in Pennsylvania.
17. Defendant CACH intentionally hired Defendant TCT in order to add heightened urgency
and intimidation to its collection practices.
;
18. At all times pertinent hereto, common law Respondent Superior applies to the
relationship between Defendant TCT, law firm and Defendant CACH, a purchaser of
debts in default.
19. Consumers are hurt by these tactics.
COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
20. Plaintiff hereby incorporates the foregoing as if fully stated herein.
21. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. S2270 et seq.
22. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FeED, 73 P.S. 92270.4(a).
23. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by FCED 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. ~201-2(4).
24. 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.
25. 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
26. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
;
27. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. S201-1 et seq.
28. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
29. 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. S201-902.
COUNT III- FAIR DEBT COLLECTION PRACTICES ACT
30. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
31. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act,
15 U.S.c. S1692, et seq. ("FDCPA"), particularly 15 U.S.c. SI692k(d) and 28 U.S.c.
~1337.
32. Venue lies in this District pursuant to 28 U.S.c. 1391(b).
33. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c.
~ 1692n.
34. 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)(1) and (2).
35. 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)(1).
,
36. 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.
37. Plaintiff believes and therefore avers that defendant added interest, fees and costs in
violation of state and federal law.
38. 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.
39. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
40. 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. S 1692f. Defendant violated this section
of the FDCP A.
41. 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. 15 U.S.C.
S 1692e(5) and (1 0), ~ I 692f(8) and ~ I 692j. Defendant violated these sections of the
FDCP A.
42. 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.
43. The FDCPA 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.
44. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 U.S.c. 91692g. Defendant violated this section of the FDCP A.
45. 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. 91692e(5), 15 U.S.c. sI692e(10).
46. 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).
47. 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).
48. 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).
49. 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.
50. 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.
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
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) 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. 91692k(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
55. PLaintiff hereby incorporates the foregoing as if fully set forth herein.
56. The Fair Credit Reporting at, 15 u.s.e. 91681 b prohibits the improper use of a
consumer's credit information.
57. 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.
58. 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
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 his rights under the FDCPA, permitted by 15 U.S.c. sI681n(3)C).
Dated:9/14/06
By: Is/Deanna Lynn Saracco
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, P A 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@ao1.com
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Jonathan J. Greystone, Esquire
Identification No. 50223
SPECTOR GADON & ROSEN, P.C.
Seven Penn Center
1635 Market Street, ih Floor
Philadelphia, PA 19103
(215) 241-8927
Attorneys for Defendants
Trauner, Cohen and Thomas, LLP
and CACH, LLC
JOSEPH A. THORNE
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
No. 06-5221
TRAUNER, COHEN AND THOMAS, LLP and
CACH, LLC
Defendant.
NOTICE OF FILING OF REMOVAL
PLEASE TAKE NOTICE that a Notice of Removal, a copy of which is attached
hereto as Exhibit "A", has been filed by Defendants, Trauner, Cohen and Thomas, LLP
and CACH, LLC, with the Office of the Clerk of the United States District Court for the
Middle District of Pennsylvania.
SPECTOR GADON & ROSEN, P.c.
Dated:
11:> I ~ / Dc'
. I /
296369-]
CERTIFICATE OF SERVICE
I hereby certify that on this date I served the foregoing Notice of Filing of
Removal on all parties by causing true and correct copies thereof to be sent via Overnight
Mail, addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive
Enola, P A 17025
SPECTOR GADON & ROSEN, P.c.
Dated:
;10 /6 /1) &,
I /
296369-1
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYL VANIA
JOSEPH A. THORNE
CIVIL ACTION NO.
Plaintiff,
v.
TRAUNER, COHEN AND THOMAS, LLP and
CACH, LLC
Defendant.
DEFENDANTS, TRAUNER, COHEN AND
THOMAS. LLP AND CACH, LLC NOTICE OF REMOVAL
Defendants, Trauner, Cohen and Thomas, LLP and CACH, LLC (hereinafter also
referred to collectively as "Defendants"), by and through their attorneys, Spector Gadon
& Rosen, P.c., hereby removes this civil action bearing No. 06-5221 from the Court of
Common Pleas, County of Cumberland to the United States District Court for the Middle
District of Pennsylvania pursuant to 28 U.S.c. 9 1441 and 1331.
1. Plaintiff commenced his action in the Court of Common Pleas, County of
Cumberland by filing a Civil Action Complaint ("Complaint") on or about September 7,
2006 and on or about September 18, 2006 served the Complaint upon Defendants,
Trauner, Cohen and Thomas, LLP and CACH, LLC. A copy of the Complaint is
attached hereto as Exhibit "A" without admission or adoption. No further proceedings
have been had in this action.
2. Plaintiff seeks damages pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. S 1692, et seq. and Fair Credit Reporting Act, 15 U.S.C. S 1681(b), in addition
to the Pennsylvania Fair Credit Extension Uniformity Act (73 Pa. CSA 9 2270 et seq.),
296387-1
and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, allegedly
sustained by Plaintiff, Joseph A. Thome, as a result of Defendants alleged collection of
an alleged debt relating to an alleged consumer transaction involving Plaintiff. (See
Paragraphs 7, 22, 23, 31 and 56 of Plaintiffs Complaint attached hereto as Exhibit "A").
3. Plaintiff is an individual allegedly residing in the Commonwealth of
Pennsylvania (See Paragraph 1 of Plaintiffs Complaint attached hereto as Exhibit "A").
4. Defendant, Trauner, Cohen and Thomas, LLP is a business entity with a
place of business located at 2880 Dresden Drive, Suite 300, Atlanta, GA 30341. (See
Paragraph 2 of Plaintiffs Complaint attached hereto as Exhibit "A").
5. Defendant, CACH, LLC is a business entity with a place of business
located at 370 1 ih Street, Suite 5000, Denver, CO 80202-3050. (See Paragraph 3 of
Plaintiffs Complaint attached hereto as Exhibit "A").
6. This Honorable Court has original jurisdiction based upon the existence of
a Federal Question pursuant to 28 U.S.c. S 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Debt Collection Practices Act (15 U.S.c. S 1692, et
seq.). (See Paragraph 31 of Plaintiffs Complaint attached hereto as Exhibit "A").
7. This Honorable Court has original jurisdiction based upon the existence of
a Federal Question pursuant to 28 U.S.c. S 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Credit Reporting Act (15 U.S.c. S 1681(b), et seq.).
(See Paragraph 56 of Plaintiffs Complaint attached hereto as Exhibit "A").
8. Pursuant to 28 U.S.C. S 1446(a) this Notice of Removal is filed in the
United States District Court for the Middle District of Pennsylvania, which is the District
in which the State Court Action is pending.
296387-1
9. This Notice of Removal is timely pursuant to 28 D.S.C. S1446(b) as it was
filed within thirty (30) days after receipt by Defendants, Trauner, Cohen and Thomas,
LLC and CACH, LLC of the Complaint, respectively.
10. Defendants will file this date a copy of the Notice of Removal with the
Prothonotary of the Court of Common Pleas, County of Cumberland, as required by 28
U.S.C. S 1446(c).
11. Defendants will this date given written notice of the filing of this Notice of
Removal to Plaintiff as required by 28 U.S.c. 9 1446(c).
WHEREFORE, Defendants, Trauner, Cohen and Thomas, LLP and CACH, LLC,
pray that the above-entitled action now pending in the Court of Common Pleas, County
of Cumberland be removed there from to this Court.
SPECTOR GADON & ROSEN, P.c.
Attorney for Defendants,
Trauner, Cohen and Thomas, LLP
and CACH, LLC
Dated:
10 /3/0&
/ /
296387-1
CERTIFICATE OF SERVICE
I hereby certify that on this date I served the foregoing Notice of Removal on all
parties by causing true and correct copies thereof to be sent via U.S. First Class Mail,
addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive
Enola, P A 17025
SPECTOR GADON & ROSEN, P.c.
Dated:
! 0 h /ot
I /
296387-1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH A. THORNE
CNIL ACTION NO.
Plaintiff,
v.
TRAUNER, COHEN AND THOMAS, LLP and
CACH, LLC
Defendant.
DEFENDANTS, TRAUNER, COHEN AND
THOMAS. LLP AND CACH.LLC NOTICE OF REMOVAL
Defendants, Trauner, Cohen and Thomas, LLP and CACH, LLC (hereinafter also
referred to collectively as "Defendants"), by and through their attorneys, Spector Gadon
& Rosen, P.c., hereby removes this civil action bearing No. 06-5221 from the Court of
Common Pleas, County of Cumberland to the United States District Court for the Middle
District of Pennsylvania pursuant to 28 US.C. 9 1441 and 1331.
1. Plaintiff commenced his action in the Court of Common Pleas, County of
Cumberland by filing a Civil Action Complaint ("Complaint") on or about September 7,
2006 and on or about September 18, 2006 served the Complaint upon Defendants,
Trauner, Cohen and Thomas, LLP and CACH, LLC. A copy of the Complaint is
attached hereto as Exhibit "A" without admission or adoption. No further proceedings
have been had in this action.
2. Plaintiff seeks damages pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. S 1692, et seq. and Fair Credit Reporting Act, 15 US.c. S 1681(b), in addition
to the Pennsylvania Fair Credit Extension Uniformity Act (73 Pa. CSA S 2270 et seq.),
296387-1
and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, allegedly
sustained by Plaintiff, Joseph A. Thome, as a result of Defendants alleged collection of
an alleged debt relating to an alleged consumer transaction involving Plaintiff. (See
Paragraphs 7, 22, 23, 31 and 56 of Plaintiffs Complaint attached hereto as Exhibit "A").
3. Plaintiffis an individual allegedly residing in the Commonwealth of
Pennsylvania (See Paragraph 1 of Plaintiffs Complaint attached hereto as Exhibit "A").
4. Defendant, Trauner, Cohen and Thomas, LLP is a business entity with a
place of business located at 2880 Dresden Drive, Suite 300, Atlanta, GA 30341. (See
Paragraph 2 of Plaintiffs Complaint attached hereto as Exhibit "A").
5. Defendant, CACH, LLC is a business entity with a place of business
located at 370 1 ih Street, Suite 5000, Denver, CO 80202-3050. (See Paragraph 3 of
Plaintiffs Complaint attached hereto as Exhibit "A").
6. This Honorable Court has original jurisdiction based upon the existence of
a Federal Question pursuant to 28 U.S.C. S 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Debt Collection Practices Act (15 U.S.c. 9 1692, et
seq.). (See Paragraph 31 of Plaintiff's Complaint attached hereto as Exhibit "A").
7. This Honorable Court has original jurisdiction based upon the existence of
a Federal Question pursuant to 28 U.S.C. S 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Credit Reporting Act (15 U.S.c. S 1681(b), et seq.).
(See Paragraph 56 of Plaintiff's Complaint attached hereto as Exhibit "A").
8. Pursuant to 28 US.C. S 1446(a) this Notice of Removal is filed in the
United States District Court for the Middle District of Pennsylvania, which is the District
in which the State Court Action is pending.
296387-1
9. This Notice of Removal is timely pursuant to 28 US.c. S 1446(b) as it was
filed within thirty (30) days after receipt by Defendants, Trauner, Cohen and Thomas,
LLC and CACH, LLC ofthe Complaint, respectively.
10. Defendants will file this date a copy of the Notice of Removal with the
Prothonotary of the Court of Common Pleas, County of Cumberland, as required by 28
US.c. S 1446(c).
11. Defendants will this date given written notice of the filing of this Notice of
Removal to Plaintiff as required by 28 US.c. 9 1446(c).
WHEREFORE, Defendants, Trauner, Cohen and Thomas, LLP and CACH, LLC,
pray that the above-entitled action now pending in the Court of Common Pleas, County
of Cumberland be removed there from to this Court.
SPECTOR GAD ON & ROSEN, P.C.
Dated:
10 /3/0&
/ /
Attorney for Defendants,
Trauner, Cohen and Thomas, LLP
and CACH, LLC
296387-1
CERTIFICATE OF SERVICE
I hereby certify that on this date I served the foregoing Notice of Removal on all
parties by causing true and correct copies thereof to be sent via U.S. First Class Mail,
addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive
Enola, P A 17025
SPECTOR GADON & ROSEN, P.c.
Dated:
10 h jot
I /
296387-1
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Trauner, Cohen, and Thomas, LLP
Attorneys at Law and
CACH, LLC
2880 Dresden Drive, Suite 300
Atlanta, Georgia. 3034 t
Plaintiff(s) & Addresses
Defendant(s) & Addresses
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PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY or SAID COURT.
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Writ of Summons shaH~e isSwed j:;
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Please issue writ of summons in the above-captioned action.
and forwarded to (X ) Attorney ( ) Sheriff.
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025
Phone 717-732-3750
SaraccoLaw@aol.com
All ~ AU/O-<l
Signature 0 Attorney
Dated: q -S-Q &
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAfNTIFF(S) HAS! VE
COMMENCED AN ACTION AGAINST YOU.
Pro
Dated: (J_ I. /'1 ') DOlo
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By:
Deputy
TR~E COpy FROM RECORD
'1 Testimony when:): ,- . ':_~',;:: unto set my haM
ad th seal of 5:t. :it Carlisle Pa
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE TO PLEAD
DE T NAMED HEREIN:
You have been sued If you wish to defend against
claims set forth in ollowing pages, you must take action
within twenty (20) days after his Complaint is served, by
tering a written appearance p rsonally or by attorney and
f'ling in writing with the court your defenses or objections to
t~ claims set forth against you. You are warned that if ou
fai to do so, the case ay proce d without further notice for
any mon claimed in t Compla'nt, or for any other claim or
relief reques he Plain' f. 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 1a corte. Si usted quire defenderse de
estas demandas expuetas en 1as paginas siquientes, usted tiene viente (20)
dias de plazo al partir de la fecha de 1a 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
previa aviso 0 notificacion y por cualquier queja 0 a1ivio que es pedido en 1a
peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros
derechos importantes para listed.
LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. SI NO TIENE ABOGADOO 51
NO T1ENE EL DINERO 5UFICIENTE DE PAGAR TAL 5ERV1CION, 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
Joseph A. Thorn,
Plaintiff,
v.
Civil Action No.: 06-5221
Trauner, Cohen, and Thomas, LLP,
Attorneys at Law, and CACH, LLC.,
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 Trauner, Cohen, and Thomas, LLP, (hereinafter Defendant and/or TCT), is a
business entity(ies) engaged in the business of collecting debts in this Commonwealth
with its principal place of business located at 2880 Dresden Drive, Suite 300, Atlanta,
GA,30341.
3. Defendant, CACH, LLC, (hereinafter Defendant and/or CACH), is a business entity in the
business of purchasing consumer debt that are in default and then collecting the debt of
consumers in this Commonwealth, with its principal place of business located at 370 171h
Street, Suite 5000, Denver, Colorado, 80202-3050.
4. On or about August Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in
an attempt to collect an alleged consumer debt.
5. Defendant is a debt collectors as defined by the state law and the FDCP A. 15 U.S.c.
I 1692a(6).
6. Defendant sent letters and/or made telephone calls to Plaintiff in August 2006 and
September, 2006, which are "communications" relating to a "debt" asdefined by 15
U.S.c. I t692a(2).
7. At all pertinent times hereto, the defendant was collecting an alleged debt relating to a
consumer transaction, pursuant to 15 U.S.C. S 1692a(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 believes and therefore avers that agents of Defendant, in its telephone
communications, were rude, beligerent, insulting and harassing to the Plaintiff.
12. 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.
13. Defendant TCT is a law firm, that is not licensed to practice law in Pennsylvania.
14. Plaintiff believes and therefore avers that Defendant TCT uses is position and title as
attorneys in order to add heightened urgency and intimidation to its collection practices.
15. Defendant TCT uses is attorney status to make false, misleading and/or deceptive
representation and/or implications that it has authority to take legal action in
Pennsylvania.
16. Defendant TCT failed to make clear to the Plaintiff that it has no authority to take legal
action in PelUlsylvania.
17. Defendant CACH intentionally hired Defendant TCT in order to add heightened urgency
and intimidation to its collection practices.
18. At all times pertinent hereto, common law Respondent Superior applies to the
relationship between Defendant TCT, law firm and Defendant CACH, a purchaser of
debts in default.
19. Consumers are hurt by these tactics.
COUNT 1- PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
20. Plaintiff hereby incorporates the foregoing as iffully stated herein.
21. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. ~2270 et seq.
22. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. s2270.4(a).
23. 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 SS303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. 9201-2(4).
24. 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.
25. 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 - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
26. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
27. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. 9201-1 et seq.
28. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
29. 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
30. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
31. 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. 9 I 692k(d) and 28 U.S.c.
91337.
32. Venue lies in this District pursuant to 28 U .S.c. 1391 (b).
33. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c.
91692n.
34. 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.
973 I l(a)(I) and (2).
35. 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. 973 I 12(b)( 1).
, .'
36. 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.
37. PLaintiff believes and therefore avers that defendant added interest, fees and costs in
violation of state and federal law.
38. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCPA, 15 U.S.c. ~1692f(l) and I 692e(2)A and B.
39. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
40. 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. S 1692f. Defendant violated this section
of the FDCPA.
41. 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. 15 U .S.C.
S 1 692e(5) and (10), S 1692f(8) and S 1692j. Defendant violated these sections of the
FDCP A.
42. 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.
43. 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 1 692d. Defendant violated this section of the FDCP A.
44. 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.
45. Any threat oflitigation 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.3d 62 (2d Cir. 1998). See also, 15 U.S.c. s1692e(5), 15 U.S.c. s1692e(lO).
46. 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 Adjustment Bureau, 667 F. Supp. 370,
397 (N.D. Tex. 1986).
47. 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).
48. 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.
Gavnor, 704 F. Supp. I (D. Conn. 1989).
49. At aU 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.
50. 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.
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
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) 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 FDCP A, permitted by t 5 U.S.C. S I 692k(a)(3).
(D) Award declaratory and injunctive relief, and such other relief as this Honorable
COUlt deems necessary and proper or law or equity may provide.
COUNT IV - FAIR CREDIT REPORTING ACT
55. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
56. The Fair Credit Reporting at, 15 U.S.c. S 1681 b prohibits the improper use of a
consumer's credit information.
57. 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.
58. 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
for Plaintiff and against defendant and issue an Order:
(A) Award Plaintiff statutory damages in the amount of One Thousand Dollars
($1,000.00) for each violation of the FCRA or each separate and discrete incident
in which defendants have violated the FCRA. 15 U.S.c. sI681n(a)(I)(A).
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at Plaintiff in an amount not less than Ten Thousand
Dollars ($ 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 Plaintiff's attorney in
vindicating his rights under the FDCP A,
Dated:9/14/06
By: Is/D Saracco
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, P A 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH A. THORNE
CNIL ACTION NO.
Plaintiff,
v.
TRAUNER, COHEN AND THOMAS, LLP and
CACH, LLC
Defendant.
ENTRY OF APPEARANCE
TO THE CLERK OF COURT:
Kindly enter my appearance on behalf of the Defendants, Trauner, Cohen and
Thomas, LLP and CACH, LLC, in connection with the above-captioned matter.
Respectfully submitted,
SPECTOR GADON & ROSEN, P.c.
Attorneys for Defendants,
Trauner, Cohen and Thomas, LLP
and CACH, LLC
296429-1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH A. THORNE
CNIL ACTION NO.
Plaintiff,
VI.
TRAUNER, COHEN AND THOMAS, LLP and
CACH, LLC
Defendant.
DEMAND FOR JURY TRIAL
TO THE PROTHONOTARY:
Defendants, Trauner, Cohen and Thomas, LLP and CACH, LLC, demand a jury
trial consisting of twelve (12) members in the above-captioned matter.
Respectfully submitted,
SPECTOR GADON & ROSEN, P.c.
Jon , Esquire
SPECT R, GA N & ROSEN, P.C.
Seven Penn Center
1635 Market Street, 13th Floor
Philadelphia, P A 19103
(215) 241-8819
Attorneys for Defendants,
Trauner, Cohen and Thomas, LLP
and CACH, LLC
296429-1
CERTIFICATE OF SERVICE
I hereby certify that on this date I served the foregoing Entry of Appearance and
Jury Demand on all parties by causing true and correct copies thereof to be sent via
Overnight Mail, addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive
Enola, P A 17025
SPECTOR GADON & ROSEN, P.c.
Dated:
/0/3/ f)&
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Jon
296429-1
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Jonathan J. Greystone, Esquire
Identification No. 50223
SPECTOR GADON & ROSEN, P.e.
Seven Penn Center
1635 Market Street, 7th Floor
Philadelphia, PA 19103
(215) 241-8927
Attorneys for Defendants
Trauner, Cohen and Thomas, LLP
and CACH, LLC
JOSEPH A. THORNE
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
No. 06-5221
TRAUNER, COHEN AND THOMAS, LLP and
CACH, LLC
Defendant.
PRAECIPE TO FILE NOTICE OF REMOVAL
TO THE PROTHONOTARY:
Pursuant to 28 U.S.C. g 1446(b) Defendants, Trauner, Cohen and Thomas, LLC
and CACH, LLC, hereby file a time-stamped copy ofthe Notice of Removal filed in the
United States District Court for the Middle District of Pennsylvania on the 4th Day of
October, 2006.
SPECTOR GADON & ROSEN, P.C.
Attorney for Defen ants,
Trauner, Cohen and Thomas, LLP
ad CACH, LLC
Dated:
I\] ~ of,
296368-1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Plaintiff,
CNIL ACTION NO.
MAI--" r:
p
c,
FILeo
HARRISBURG, PA
or,r n '" ?n()S
JOSEPH A. THORNE
v.
CLERK
TRAUNER, COHEN AND THOMAS, LLPf
CACH, LLC !:
Defendant.
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DEFENDANTS, TRAUNER, COHEN AND
THOMAS. LLP AND CACH.LLC NOTICE OF REMOVAL
Defendants, Trauner, Cohen and Thomas, LLP and CACH, LLC (hereinafter also
referred to collectively as "Defendants"), by and through their attorneys, Spector Gadon
& Rosen, P.C., hereby removes this civil action bearing No. 06-5221 from the Court of
Common Pleas, County of Cumberland to the United States District Court for the Middle
District of Pennsylvania pursuant to 28 U.S.c. 9 1441 and 1331.
1. Plaintiff commenced his action in the Court of Common Pleas, County of
Cumberland by filing a Civil Action Complaint ("Complaint") on or about September 7,
2006 and on or about September 18, 2006 served the Complaint upon Defendants,
Trauner, Cohen and Thomas, LLP and CACH, LLC. A copy of the Complaint is
attached hereto as Exhibit "A" without admission or adoption. No further proceedings
have been had in this action.
2. Plaintiff seeks damages pursuant to the Fair Debt Collection Practices Act,
15 U.S.c. 9 1692, et seq. and Fair Credit Reporting Act, 15 U.S.c. 9 1681(b), in addition
to the Pennsylvania Fair Credit Extension Uniformity Act (73 Pa. CSA 9 2270 et seq.),
296387-1
and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, allegedly
sustained by Plaintiff, Joseph A. Thome, as a result of Defendants alleged collection of
an alleged debt relating to an alleged consumer transaction involving Plaintiff. (See
Paragraphs 7, 22, 23, 31 and 56 of Plaintiffs Complaint attached hereto as Exhibit "A").
3. Plaintiff is an individual allegedly residing in the Commonwealth of
Pennsylvania (See Paragraph 1 of Plaintiff's Complaint attached hereto as Exhibit "A").
4. Defendant, Trauner, Cohen and Thomas, LLP is a business entity with a
place of business located at 2880 Dresden Drive, Suite 300, Atlanta, GA 30341. (See
Paragraph 2 of Plaintiff's Complaint attached hereto as Exhibit "A").
5. Defendant, CACH, LLC is a business entity with a place of business
located at 370 1 ih Street, Suite 5000, Denver, CO 80202-3050. (See Paragraph 3 of
Plaintiffs Complaint attached hereto as Exhibit "A").
6. This Honorable Court has original jurisdiction based upon the existence of
a Federal Question pursuant to 28 US.C. ~ 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Debt Collection Practices Act (15 US.c. S 1692, et
seq.). (See Paragraph 31 of Plaintiffs Complaint attached hereto as Exhibit "A").
7. This Honorable Court has original jurisdiction based upon the existence of
a Federal Question pursuant to 28 U.S.C. ~ 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Credit Reporting Act (15 U.S.C. S 1681(b), et seq.).
(See Paragraph 56 of Plaintiffs Complaint attached hereto as Exhibit "A").
8. Pursuant to 28 U.S.c. S 1446(a) this Notice of Removal is filed in the
United States District Court for the Middle District of Pennsylvania, which is the District
in which the State Court Action is pending.
296387-1
9. This Notice of Removal is timely pursuant to 28 U.S.c. SI446(b) as it was
filed within thirty (30) days after receipt by Defendants, Trauner, Cohen and Thomas,
LLC and CACH, LLC of the Complaint, respectively.
10. Defendants will file this date a copy of the Notice of Removal with the
Prothonotary of the Court of Common Pleas, County of Cumberland, as required by 28
u.S.C. S 1446(c).
11. Defendants will this date given written notice of the filing of this Notice of
Removal to Plaintiff as required by 28 U.S.C. S 1446(c).
WHEREFORE, Defendants, Trauner, Cohen and Thomas, LLP and CACH, LLC,
pray that the above-entitled action now pending in the Court of Common Pleas, County
of Cumberland be removed there from to this Court.
SPECTOR GADON & ROSEN, P.c.
Jo . Gre one Es Ire
Identific . on No. 5 3
SPECTOR GADON & ROSEN, P.C.
Seven Penn Center
1635 Market Street, ih Floor
Philadelphia, P A 19103
(215) 241-8927
Attorney for Defendants,
Trauner, Cohen and Thomas, LLP
and CACH, LLC
Dated:
/0 /3/0&
/ /
296387-1
CERTIFICATE OF SERVICE
I hereby certify that on this date I served the foregoing Notice of Removal on all
parties by causing true and correct copies thereof to be sent via U.S. First Class Mail,
addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive
Enola, P A 17025
SPECTOR GADON & ROSEN, P.c.
Dated:
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296387-1
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URT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
Trauner, Cohen, and Thomas, LLP
Attorneys at Law and
CACH, LLC
2880 Dresden Drive, Suite 300
Atlanta, Georgia, 30341
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Defendant(s) & Addresses
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PRAECIPE FOR WRIT OF SUMMONS
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Please issue writ of summons in the above-captioned action.
and forwarded to (X ) Attorney ( ) Sheriff.
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Writ of Summons shall:pe isSbted j;
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TO TIlE PROTHONOTARY or SAID COURT.
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025
Phone 717-732-3750
SaraccoLaw@aol.col11
AL~ AljA<.<J
Signature 0 Attorney
Dated: q -5'-0 &
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASI VE
COMMENCED AN ACTION AGAINST YOu.
Pro
Dated: (1.... .. I. '/ '2D()b
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Deputy
TRUE COpy FROM RECORD
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE TO PLEAD
You have been sued If you wish to defend against
claims set forth in ollowing pages, you must take action
w'thin twenty (20) dayS after his Complaint is served, by
tering a written appearance p rsonally or by attorney and
f'ling in writing with the court your defenses or objections to
t~ claims set forth against you. You are warned that if ou
fal 0 do so, the case ay proce d without further notice for
any mon claimed in t Compla'nt, or for any other claim or
relief reques he Plain' f. 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 detenderse de
estas demandas expuetas en las paginas siquientes, usted tiene viente (20)
dias de plazo al partir de la techa 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
previa 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 import antes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. 51 NO T1ENE ABOGADOO SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUYA D1RECCION SE PUEDECONSEGUIR ASISTENC1A LEGAL.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Joseph A. Thorn,
Plaintiff,
v.
Civil Action No.: 06-5221
Trauner, Cohen, and Thomas, LLP,
Attorneys at Law, and CACH, LLC.,
Defendants.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuantto 15 U.S.C. g1692a(3).
2. Defendant Trauner, Cohen, and Thomas, LLP, (hereinafter Defendant and/or TCT), is a
business entity(ies) engaged in the business of collecting debts in this Commonwealth
with its principal place of business located at 2880 Dresden Drive, Suite 300, Atlanta,
GA, 30341.
3. Defendant, CACH, LLC, (hereinafter Defendant and/or CACH), is a business entity in the
business of purchasing consumer debt that are in default and then collecting the debt of
consumers in this Commonwealth, with its principal place of business located at 370 171h
Street, Suite 5000, Denver, Colorado, 80202-3050.
4. On or about August Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in
an attempt to collect an alleged consumer debt.
5. Defendant is a debt collectors as defined by the state law and the FDCP A. l5 U.S.c.
11 692a(6).
6. Defendant sent letters and/or made telephone calls to Plaintiff in August 2006 and
September, 2006, which are "communications" relating to a "debt" asdefined by 15
U.S.c. 1 1 692a(2).
7. At all pertinent times hereto, the defendant was collecting an alleged debt relating to a
consumer transaction, pursuant to 15 V.S.C. ~ 1692a(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 plaintiffs alleged debt.
9. Plaintiffbetieves 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.
I I. Plaintiff believes and therefore avers that agents of Defendant, in its telephone
communications, were rude, beligerent, insulting and harassing to the Plaintiff.
12. 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.
13. Defendant TCT is a law firm, that is not licensed to practice law in Pennsylvania.
14. Plaintiff believes and therefore avers that Defendant TCT uses is position and title as
attorneys in order to add heightened urgency and intimidation to its collection practices.
15. Defendant TCT uses is attorney status to make false, misleading and/or deceptive
representation and/or implications that it has authority to take legal action in
Pennsylvania.
16. Defendant TCT failed to make clear to the Plaintiff that it has no authority to take legal
action in Pennsylvania.
17. Defendant CACH intentionally hired Defendant TCT in order to add heightened urgency
and intimidation to its collection practices.
18. At all times pertinent hereto, common law Respondent Superior applies to the
relationship between Defendant TCT, law firm and Defendant CACH, a purchaser of
debts in default.
19. Consumers are hurt by these tactics.
COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
20. Plaintiff hereby incorporates the foregoing as if fully stated herein.
21. Jurisdiction for this Action is asse11ed pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. S2270 et seq.
22. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. ~2270.4(a).
23. 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 SS303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. S201-2(4).
24. 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.
25. 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 - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
26. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
27. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. S201-1 et seq.
28. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
29. 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. S201-902.
COUNT III - FAIR DEBT COLLECTION PRACTICES ACT
30. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
31. 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. Sl692k(d) and 28 U.S,C.
SI337.
32. Venue lies in this District pursuant to 28 U.S.C. I391(b).
33. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c.
91692n.
34. 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)(1) and (2).
35. Plaintiff believes and therefore avers that defendant does not have proper assignments
and/or docwnentation permitting said defendants to charge interest, fees and/or costs. 18
Pa.C.S. S73tl2(b)(1).
i
9
I
36. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c.
~ 1692n. Defendant violated this section of the FDCP A.
37. Plaintiff believes and therefore avers that defendant added interest, fees and costs in
violation of state and federal law.
38. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCPA, 15 D.S.C. 91692f(l) and 1692e(2)A and B.
39. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
40. 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. S I 692f. Defendant violated this section
:
of the FDCPA.
41.
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. 15 U.S.c.
~1692e(5) and (10), ~1692f(8) and ~1692j. Defendant violated these sections of the
FDCP A.
42. 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.
43. 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 ofa debt. 15 V.S.C. S l692d. Defendant violated this section of the FDCPA.
44. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 U.S.C. S1692g. Detendant violated this section of the FDCPA.
45. 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.3d 62 (2d Cil'. 1998). See also, 15 U.S.c. ~1692e(5), 15 U.S.c. ~1692e(10).
46. 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).
47. 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).
48. 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.
Gavnor, 704 F. Supp. 1 (D. Conn. 1989).
49. 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.
50. 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.
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, infer 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
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 fOlm 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. 91692k(a)(3}.
(D) Award declaratory and injunctive relief, and such other relief as this Honorable
Comt deems necessary and proper or law or equity may provide.
COUNT IV - FAIR CREDIT REPORTING ACT
55. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
56. The Fair Credit Reporting at, 15 U.S.c. S168tb prohibits the improper use ofa
consumer's credit information.
57. 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.
58. Plaintiff believes and therefore avers that the defendant reviewed Plaintiff's credit report
without proper authority or assignment of the alleged debt.
WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter j udgment
for Plaintiff and against defendant and issue an Order:
(A) A ward Plaintiff statutory damages in the amount of One Thousand Dollars
($1,000.00) for each violation of the FCRA or each separate and discrete incident
in which defendants have violated the FCRA. 15 D.S.C. s1681n(a)(1)(A).
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at Plaintiff in an amount not less than Ten Thousand
Dollars ($ I 0,000.00), 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$350.00Ihour for hours reasonably expended Plaintiffs attorney in
vindicating his rights under the FDCP A,
Dated:9/14/06
By: /s/D Saracco
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, P A 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
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