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Home My WebLink About06-5267 O(g - SJ.I, 7 CI~LL '-y~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Anne Marie Rohrbeck 1525 Letchworth Road Camp Hill, P A 17011 Financial Credit Services 480 I Emerson Ave, S te 112 Palatine. IL 60067-0504 PlaintitT( 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 ~/; I ~ ,t~7'--1CLx..JLe/-{l,{) Signature of Attorney Dated: 9 - 5~- (F&;; WRIT OF SllMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTlFF(S) HASi AVE COMMENCED AN ACTION AGAINSl' YOlJ. /J Oated: ~PI J.Db~ By: Deputy .tC.. P V'l 7d "i'~ ~ "" \.\- C11 ~ \J - g -rJ ~ ~ r ~ ~ '()- ...r ---- --;-1 , .,~"'J ':"::':i~ ((} ~:i --, \ r~:) ~; .' iJ. e). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Anne Marie Rohrbeck, Plaintiff, Civil Action No.: C(p -5:1107 v. Financial Credit Services, 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 ustea en Le. Si usLed quire defendersc de est as demandas expuetas en las s siquientes, usted tiene vi(:nt (20) dias de plaza al partir de la fecha de la excrita 0 en persona a por y archivar en la corte en forma excrita sus defensds 0 sus objectiones alas demande, 1a corte tomara medidas y en~rar una orden contra usted sin previo aviso 0 notlficacion y por lquier queja 0 alivio que es pedido en 1a peticion de demanda. Usted perder dinero a sus propiedades 0 atras derechas impart antes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVI ION, POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONS 51 NO IlENE ABOGADOO SI VAYA EN PERSONA 0 LLAME T? ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Anne Marie Rohrbeck, Plaintiff. v. Civil Action No.: Financial Credit Services, Defendant. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to IS U.S.c. 9 I 692a(3). 2. Defendant Financial Credit Services, (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 4801 Emerson Ave, Ste 112, Palatine, IL 60067-0504. 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. IS U .S.C. 11692a(6). 5. Defendant sent letters and/or made telephone calls to PlaintitT in June and July 2006, which are "communications" relating to a "debt" as defined by 15 U.S.c. lI692a(2). 6. 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.") 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 Defendant's 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. II. 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. The alleged debt, if owed, is more than 4 years old that the statute of limitations expired as to consumer lawsuits in Pennsylvania. 13. The alleged debt, ifowed, is more than 7 years old and cannot be listed on her credit report by the defendant. 14. Any payments recently received, were obtained through fraud. misrepresentation, harassment and intimidation and do not serve to in any way, reaffirm an aged debt. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 15. Plaintiff hereby incorporates the foregoing as if fully stated herein. 16. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act. 73 P.S. S2270 et seq. 17. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. ~2270.4(a). 18. 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). 19. 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. 20. 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 11- PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 21. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 22. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 9201-1 et seq. 23. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 24. 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 111- FAIR DEBT COLLECTION PRACTICES ACT 25. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 26. 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. SI692k(d) and 28 U.S.C. S 1337. 27. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 28. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c. S 1692n. 29. 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. s73l1(a)(I) and (2). 30. 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). 31. 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. 32. Plaintiff believes and therefore avers that defendant added interest. fees and costs in violation of state and federal law. 33. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDCP A, 15 U .S.c. S 16921'( 1) and 1692e(2)A and B. 34. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 35. The FDCP A states, a debt collector may not LIse unfair or unconscionable means to collect or attempt to collect any debt. 15 U .S.c. S 1 692f. Defendant violated this section of the FDCP A. 36. 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. sI692e(5) and (10), S1692f(8) and S1692j. Defendant violated these sections of the FDCP A. 37. 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. 38. 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. 39. The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U .S.C. S l692g. Defendant violated this section of the FDCP A. 40. 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. sI692e(5), 15 U.S.C. sI692e(10). 41. 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. 42. 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 Plainti ff herein. 43. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 44. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 45. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 46. 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 PlaintitTcosts 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 1692k(a)(3). (0) 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 47. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 48. The Fair Credit Reporting at. 15 LJ.S.c. ~ 1681 b prohibits the improper use of a consumer's credit information. 49. 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. ) I I " 50. Plaintiff believes and therefore avers that the defendant reviewed Plaintiffs credit report without proper authority or assignment of the alleged debt. 51. 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. SI681c(6). 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. 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 FDCP A. permitted by 15 U.S.C. S 1681 n(3)C). COUNT V - PENNSYL VANIA ELECTRONIC TRANSFER ACT 52. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 53. Jurisdiction of this Action is pursuant to the Pennsylvania Electronic Transfer Act, 73 P.S. S2260.101 et seq. 54. 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. 55. PlaintitT revoked her consent for an electronic withdrawal of her account. . I '. 56. Plaintiff placed a stop-payment on the electronic checks, however, agents of defendant changed the amount so the stop-payment was not effective. 57. Defendant violated 73 P.S.~2260.301(b), ~2260.306(2), and is liable to the Plaintiff for statutory, actual, treble and punitive damages and attorney's fees and costs. 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 1-9~ Dated:9/14/06 By: /s/Deann " 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 ~,...." :_.'. :--:....1\ ..-': . , \,\ ' c\ \ .';... r, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Anne Marie Rohrbeck, Plaintiff, v. Civil Action No.: 06-5267 Financial Credit Services, Defendant. PRAECIPE TO WITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter, with prejudice as the parties have amicably settled their dispute. This case should be discontinued and you may mark this case CLOSED. Dated: 10/30/06 Respectfully submitted, iJlsil , 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: Michael P. Smith HINSHAW & CULBERTSON LLP 222 North LaSalle Street Suite 300 Chicago, IL 60601 Dated: 10/30/06 DJ)iIs~co ~:; q. r::? 0'" _1 1"-) ., en