HomeMy WebLinkAbout06-5418
D.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
a - S 7'/'~ &oJ
Heather Kauffman,
Grandview Drive
Enola, P A 17025
NRC Nations Recovery Center, Inc.,
6491 Peachtree Industrial Blvd.
Atlanta, GA 30360, and
World Financial Network National
Band Audit and Investigation
P. O. Box 182124
Columbus, OH 43218-2124
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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Signature of Attorney
Dated: q - 1'1-0 t.a
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HA VE
COMMENCED AN ACTION AGAINST YOU. G I~ ~ ~
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Heather Kauffman,
Plaintiff:
rN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No.: 06-5418
v.
NRC Nations Recovery Center, Inc..
World Financial Network National
Bank Audit and Investigation,
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
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LLEVE ESTA DEMANDA A ON ABOGADO IMMEDIATAMENTE. ~;l NO TIENE ABOGADOO Sl
NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCTA LEGAL.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Heather Kauffman,
Plaintiff,
Civil Action No.: 06-5418
v.
NRC Nations Recovery Center. Inc..
World Financial Network National
Bank Audit and Investigation,
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 NRC Nations Recovery Center. Inc.. is a business entity(ies) engaged in the
business of collecting debts in this Commonwealth with its principal place of business
located at 6491 Peachtree Industrial Blvd.. Atlanta. GA. 30360. (Hereinafter
Defendants. )
3. Defendant World Financial Network National Bank Audit and Investigation. is a business
entity(ies) engaged in the business of purchasing debts in default and then collecting
debts in this Commonwealth. with its principal place of business located at P. O. Box
182124, Columbus, Ohio. 43218-2124. (Hereinafter Defendants.)
4. On or about June, July and August, 2006, Detendant 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 FDCP A. 15 U .S.c.
I I 692a( 6).
6. Defendants sent letters and/or made telephone calls to Plaintiff in June, July and August,
2006. which are "communications" relating to a "debt" as defined by 15 U.S.c.
11692a(2).
7. At all pertinent times hereto, the defendants alleged that Plaintiff owed a consumer debt.
5 U.S.c. S 1692a(5). (Hereinafter the "alleged debt.")
8. Defendants 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. Plaintiff believes and therefore avers that Defendants' letters contained false, misleading,
deceptive and/or confusing statements.
10. Plaintiff believes and therefore avers that agents of Defendants. in their telephone
communications made false, misleading, deceptive and/or confusing statements.
11. Plaintiff believes and therefore avers that agents of Defendants, in their 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.
COUNT 1- PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
13. Plaintiff hereby incorporates the foregoing as if fully stated herein.
14. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act 73 P.S. S2270 et seq.
15. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. S2270.4(a).
16. That defendants 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
of 37 Pa.Code SS303.3(3). 303.3( 14), 303.3( 18),303.6 and 73 P.S. S20 1-2( 4).
17. Defendants' 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.
18. As a result of the above violations, Plaintitlis 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 defendants 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
19. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
20. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. ~20 1-1 et seq.
21. That defendants engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
22. 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 defendants for a statutory penalty. treble damages. punitive
damages, attorney fees and costs pursuant to 73 P.S. ~20 1-902.
COUNT III - FAIR DEBT COLLECTION PRACTICES ACT
23. Plaintiff hereby incorporates the foregoing as if fully set t()rth herein.
24. Jurisdiction t()r this action is asserted pursuant to the Fair Debt Collection Practices Act,
15 U.S.c. ~1692, et seq. ("'FDCPA"), particularly 15 U,S'c. SI692k(d) and 28 U.S.c.
91337.
25. Venue lies in this District pursuant to 28 U .S.c. 1391 (b).
26. The FDCP A states that a violation of state law is a violation of the FDCP A. IS U .S.C.
91692n.
27. Plaintiff believes and therefore avers that defendants do 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).
28. Plaintiff believes and therefore avers that defendants do not have proper assignments
and/or documentation permitting said defendants to charge interest. tees and/or costs. 18
Pa.C .s. 973112(b)( I).
29. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.c.
s1692n. Defendants violated this section of the FDCP A.
30. Plaintiff believes and therefore avers that defendants added interest, fees and costs in
violation of state and federal law.
31. Defendants in its collection efforts, demanded interest. tees and/or costs in violation of
the FDCPA, 15 U.S.c. ~1692tO) and 1692e(2)A and B.
32. There was never an express agreement by Plaintitl to pay any additional tees, cost or
interest to Defendants or any of its agents.
33. 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. 91692f. Detendants violated this section
of the FDCP A.
34. 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 (10), S 1692f(8) and S 1692j. Defendants violated these sections of the
FDCP A.
35. The FDCP A states, a debt collector may not discuss the consumers alleged debt with a
third party. The Defendants violated this section of the FDCP A.
36. 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. Defendants violated this section of the FDCP A.
37. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 U.S.c. S1692g. Defendants violated this section of the FDCPA.
38. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the
defendant did not intend to sue the Plaintiff. Bentlv v. Great Lakes Collection Bureau, 6
F.3d 62 (2d Cir. 1998). See also. 15 U.S.c. ~1692e(5), 15 U.S.c. ~1692e(10).
39. At all times pertinent hereto, common law Respondent Superior applies to the
relationship between Defendant NRC Nations Recovery Center, Inc., and World
Financial Network National Bank Audit and Investigation, as purchaser of debts in
default and/or debt collectors.
40. Consumers are hurt by these tactics.
41. At all time pertinent hereto, the defendants were 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 herei n.
42. At all times pertinent hereto. the conduct of defendants 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.
43. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rise to the level needed for punitive damages.
44. Defendants, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c,
d, e, f, g, h, and/or n.
45. Defendants, 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, plainti ff 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 defendants and issue an Order:
(A ) Award Plaintiff statutory damages in the amount of One Thousand Dollars
($1,000.00) for each violation of the FDCP A or each separate and discrete
incident in which defendants have violated the FDCP A.
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at Plaintiff in an amount not less than Ten Thousand
Dollars ($10,000.00), as well as the repetitive nature of defendants form letters.
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 1692k(a)(3).
(D) Award 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 U .S.c. ~ 1681 b prohibits the improper use of a
consumer's credit information.
49. Plaintiff believes and therefore avers that the defendants reported false, misleading and/or
inaccurate information on Plaintitrs credit report. without first validating the alleged
debt.
50. Plaintiff believes and therefore avers that the defendants reviewed Plaintiffs credit report
without proper authority or assignment of the alleged debt.
51. The defendants violated the Fair Credit Reporting Act.
WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment
for Plaintiff and against defendant and issue an Order:
(A) A ward Plaintifl 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. S \68\ n(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 ($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 FOCP A, P 'm.tte by 15 lJ .S.c. ~ 1681 n(3 )C).
Dated:9/26/06
By: /s/D anna 1n racco
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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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER KAUFFMAN,
CIVIL ACTION FILE
Plaintiff,
No. 06-5418
v.
NATIONS RECOVERY CENTER, INC.,
and WORLD FINANCIAL NETWORK
NATIONAL BANK AUDIT AND
INVESTIGATION DIVISION,
Defendants.
ANSWER AND DEFENSES
COMES NOW NATIONS RECOVERY CENTER, INC., hereinafter NRC,
and files this its Answer and Defenses and shows to the Honorable
Court the following:
ANSWER AND DEFENSES
DE FENSE S
1.
At all times hereto Defendant World Financial Network was
the issuing Bank of the credit card at and as such was the
original creditor as defined under the Fair Debt Collection
Practices Act (FDCPA).
2.
Pursuant to the FDCPA, as the original creditor the
restrictions and prescriptions placed upon those deeITed and
defined as "debt collectors" are not applicable to Defendant
World Financial Network.
3.
As a result any request by the debtor to the original
creditor to cease and desist communication lS ineffective as the
original creditor is not subject to the FDCPA and such a request
can not be imputed to Defendant NRC.
ANSWER
1.
Defendant NRC admits paragraph 1 of Plaintiff's complaint.
2.
Defendant NRC admits paragraph 2 of Plaintiff's complaint.
3 .
Defendant NRC can neither admit or deny paragraph 3 of
Plaintiff's complaint.
4 .
Defendant NRC denies paragraph 4 of the plaintiff's
complaint.
5.
Defendant NRC admits paragraph 5 of Plaintiff's complaint.
6.
Defendant NRC denies paragraph 6 of the plaintiff's
complaint.
7.
Defendant NRC admits paragraph 7 of Plaintiff's complaint.
8.
Defendant NRC can neither admit or deny the allegations of
paragraph 8 of the plaintiff's complaint as it is so poorly
articulated it is vague and otherwise incomprehensible.
9 .
Defendant NRC denies paragraph 9 of the plaintiff's
complaint.
10.
Defendant NRC denies paragraph 10 of the plaintiff's
complaint.
11.
Defendant NRC denies paragraph 11 of the plaintiff's
complaint.
12.
Defendant NRC can neither admit or deny paragraph 12 of
Plaintiff's complaint.
13.
Defendant NRC can neither admit or deny paragraph 13 of
Plaintiff's complaint.
14.
Defendant NRC can neither admit or deny paragraph 14 of
Plaintiff's complaint.
15.
Defendant NRC denies paragraph 15 of the plaintiff's
complaint.
16.
Defendant NRC denies paragraph 16 of the plaintiff's
complaint.
17.
Defendant NRC denies paragraph 17 of the plaintiff's
complaint.
18.
Defendant NRC denies paragraph 18 of the plaintiff's
complaint.
19.
Defendant NRC denies the allegations In all prlor paragraphs
that were specifically and unequivocally denied.
20.
Defendant NRC can neither admit or deny paragraph 20 of
Plaintiff's complaint.
2l.
Defendant NRC denies paragraph 21 of the plaintiff's
complaint.
22.
Defendant NRC denies paragraph 22 of the plaintiff's
complaint.
23.
Defendant NRC denies the allegations In all prlor paragraphs
that were specifically and unequivocally denied.
24.
Defendant NRC can neither admit or deny paragraph 24 of
Plaintiff's complaint.
25.
Defendant NRC can neither admit or deny paragraph 25 of
Plaintiff's complaint.
26.
Defendant NRC can neither admit or deny paragraph 26 of
Plaintiff's complaint.
27.
Defendant NRC denies paragraph 27 of the plaintiff's
complaint.
28.
Defendant NRC denies paragraph 28 of the plaintiff's
complaint.
29.
Defendant NRC denies paragraph 29 of the plaintiff's
complaint.
30.
Defendant NRC denies paragraph 30 of the plaintiff's
complaint.
3l.
Defendant NRC denies paragraph 31 of the plaintiff's
complaint.
32.
Defendant NRC denies paragraph 32 of the plaintiff's
complaint.
33.
Defendant NRC denies paragraph 33 of the plaintiff's
complaint.
34.
Defendant NRC denies paragraph 22 of the plaintiff's
complaint.
35.
Defendant NRC denies paragraph 35 of the plaintiff's
complaint.
36.
Defendant NRC denies paragraph 36 of the plaintiff's
complaint.
37.
Defendant NRC denies paragraph 37 of the plaintiff's
complaint.
38.
Defendant NRC denies paragraph 38 of the plaintiff's
complaint.
39.
Defendant NRC denies paragraph 39 of the plaintiff's
complaint.
40.
Defendant NRC denies paragraph 40 of the plaintiff's
complaint.
4l.
Defendant NRC denies paragraph 41 of the plaintiff's
complaint.
42.
Defendant NRC denies paragraph 42 of the plaintiff's
complaint.
43.
Defendant NRC denies paragraph 43 of the plaintiff's
complaint.
44.
Defendant NRC denies paragraph 44 of the plaintiff's
complaint.
45.
Defendant NRC denies paragraph 45 of the plaintiff's
complaint.
46.
Defendant NRC denies paragraph 46 of the plaintiff's
complaint.
47.
Defendant denies that Plaintiff lS entitled to any of the
specific relief and damages sought.
48.
Defendant Denies all other allegations in the complaint any
allegation not specifically admitted is hereby DENIED.
WHEREFORE, Defendant NRC, requests that the Plaintiff's
complaint be dismissed and all costs of this action be taxed
against the Plaintiff.
NATIONS RECOVERY CENTER, INC.
--~ ..-/~~
PAUL BATAILLON, President
6491 Peachtree Industrial Blvd.
Atlanta, Georgia 30340
(770)234-0101
CERTIFICATE OF SERVICE
I hereby certify that I have on this day the /& day of
o~rv~ ,20~, served the foregoing Answer to Counsel
for the Plaintiff by serving a copy of the same by United States
mail with the correct postage affixed thereto in a properly
addressed envelope to:
Deanna Lynn Saracco
76 Greenmont Drive
Enola, Pennslyvania 17025
NATIONS RECOVERY CENTER, INC.,
~-:~----~ =C~
PAUL BATAILLON
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STEPHEN L. BANKO, JR., ESQUIRE
Pa. Supreme Court I. D. No. 41727
MARGOliS EDELSTEIN
3510 Trindle Road
Camp Hill, P A 17011
Telephone:
FAX:
E-mail:
(717) 975-8114
(717) 975-8124
sbanko@!mar2olisedelstein.com
Attorney for Defendants
HEATHER KAUFFMAN,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NRC NATIONS RECOVERY CENTER, CIVIL ACTION NO. 06-5418
INC., WORLD FINANCIAL NETWORK
NATIONAL BANK AUDIT AND
INVESTIGATION, JURY TRIAL DEMANDED
Defendants.
PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT
1. Plaintiff commenced the above-captioned action by Praecipe for Writ of
Summons filed on or about September 15, 2006.
2. Plaintiff filed her Complaint in the above-captioned action on or about
September 26, 2006 and thereafter served a copy of the Complaint upon the out-of-
state corporate defendants by certified mail. A copy of said Complaint is attached
hereto, incorporated herein by reference and marked as Exhibit A.
3. By electronic mail to Lance Martin, Esquire, counsel indicated that she
would grant a 30-day extension from October 4,2006 and further indicated that
whether the case remained in state court or was removed to federal court, Defendants
would "have additional time." A copy of said e-mail is attached hereto, incorporated
herein as reference and marked as Exhibit B.
4. Despite the assurances of Plaintiffs counsel that Defendants would have
"additional time" counsel served a Notice of Intent to Enter Judgment by Default
Pursuant to Pa.R.C.P. No. 237.1 dated October 23,2006. A copy of said Notice is
attached hereto incorporated herein as reference and marked as Exhibit C.
5. Defendants retained the undersigned counsel to represent them in
this matter on October 25, 2006.
6. It is believed and therefore averred that the instant Preliminary
Objections have been timely filed within the extension granted by counsel for Plaintiff
and relied upon by Defendants.
7. Pa.R.c.P. No. 1028(a)(3) provides that preliminary objections may be
filed to any pleading which is insufficient as a matter of law.
8. Furthermore, Pa.R.C.P. No. 1028(a)(2) permits the filing of preliminary
objection when a pleading fails to conform to law or rule of court.
9. Pa.R.C.P. No. 1019 states in pertinent part:
*
*
*
(b) Averments of fraud or mistake shall be averred with particularity.
*
*
*
(f) Averments of time, place and items of special damage shall be
specifically stated.
*
*
*
(i) When any claim is based upon a writing, the pleader shall attach
a copy of the writing, or the material part thereof, but if the
writing or copy is not accessible to the pleader, it is sufficient
to state, together with the reason, and to set forth the substance in
writing.
10. Plaintiffs Complaint does not comply with the requirements of Pa.R.c.P.
No. 1019 and the subsections specifically cited above. As such, the Complaint
violates the requirements of Pa.R.c.P. No. 1028(a) 2 and also, lacks the necessary
specificity as required by Pa.R.C.P. No. 1028(a) 3.
11. In paragraphs 4 and 6 of Plaintiffs Complaint, Plaintiff alleges,
generally, that in "June, July and August 2006, Defendant (sic) contacted Plaintiff by
U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt."
12. Plaintiff does not specifically set forth which defendant(s) made such
calls or when such calls were made, if in fact, calls were made.
13. Furthermore, Plaintiff does not allege which Defendant(s) sent letter or
when such letters were sent, if in fact, letters were sent.
14. Moreover, Plaintiff does not attach a copy of any such writing as
required by Pa.R.c.P. No. 1019(i).
15. Accordingly, without such specificity and/or copies of the writings
alleged to have been sent to Plaintiff being attached to the Complaint, Defendants are
unable to determine whether; "Defendants communicated with Plaintiff on or after
one year before the date of this action. . ." as set forth in paragraph 8 of Plaintiffs
Complaint.
16. Furthermore, without attaching the writings Plaintiff alleges she received
from Defendants, she has specifically failed to plead fraud as required by Pa.R.c.P.
No. l019(b).
17. Moreover, with regard to the averments contained in paragraph 10 of
Plaintiffs Complaint, she has failed to set forth any fact to support the bald allegation
that to the extent telephone communications were made that they contained "false,
misleading, deceptive and/or confusing statements."
18. It is of paramount importance to Defendants' defense of this case that
Plaintiff comply with the requirements of the Pennsylvania Rule of Civil Procedure
in light of the averments set forth in paragraph 11 of Plaintiffs Complaint that the
alleged telephonic communications by employees of Defendant were "rude,
belligerent, insulting and harassing to Plaintiff."
14. It is equally important that Plaintiffs Complaint comply with the
requirements of Pennsylvania Rules of Civil Procedure as she seeks not only a
statutory recovery, but also "treble and punitive damages and attorney's fees."
WHEREFORE, Defendants NRC Nations Recovery Center, Inc., World Financial
Network National Bank Audit and Investigation prays This Honorable Court enter an
order pursuant to Pa.R.C.P. No. 1028(a)(2) and (3) striking Plaintiffs Complaint and
requiring Plaintiff to file an Amended Complaint sufficient to comply with the
requirements of Pa.R.c.P. Nos. 1019(b), (f) and (i) and 1028(a)(2) and (3).
MARGOLIS EDELSTEIN
Date: (0"'V1, O~
By:
S E L. BANKO, JR
Att rney for Defendants
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing on all
counsel of record by placing the same in the United States mail at Camp Hill,
Pennsylvania, first-class postage prepaid, on the ~day of October, 2006, and
addressed as follows:
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, PA 17025
(Counsel for Plaintiff)
t ><~~h, + A-
10/25/2006 14:23 FAX 614 729 4949
ALLIANCE DATA LEGAL SERV
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Heather Kauffman,
Plaintiff,
rN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No.: 06-5418
v.
NRC Nations Recovery Center, Inc.,
World 'Financial Network National
Bank Audit and Investigation,
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. Si usted quire defenderse de
estas demandas expuetas en las paginas siquientes, usted tiene viente (20)
dias de plaza al partir de la fecha de la excrita 0 en persona a por abogado y
archivar en la corte en forma excrita sus defensas 0 sus abjectiones alas
demande, la carte tomara medidas y puede entrar una orden contra usted sin
previa aviso 0 notificacion y par cualquier queja 0 alivio que es pedido en 1a
peticion de demanda. Usted puede perder dinero 0 sus prapiedades 0 otros
derechos importantes para usted.
LLEVE E8TA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 81 NO TIENE ABOGADOO 81
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIC10N, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR A8ISTENCIA .LEGAL.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Heather Kauffman,
Plaintiff,
Civil Action No.: 06-5418
v.
NRC Nations Recovery Center, Inc.,
World Financial Network National
Bank Audit and Investigation,
Defendants.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuant to 15 D.S.C. sI692a(3).
2. Defendant NRC Nations Recovery Center, Inc., is a business entity(ies) engaged in the
business of collecting debts in this Commonwealth with its principal place of business
located at 6491 Peachtree Industrial Blvd., Atlanta, GA, 30360. (Hereinafter
Defendants.)
3. Defendant World Financial Network National Bank Audit and Investigation, is a business
entity(ies) engaged in the business of purchasing debts in default and then collecting
debts in this Comrnonw~alth, with its principal place of business located at P. O. Box
182124, Columbus, Ohio, 43218-2124. (Hereinafter Defendants.)
4. On or about June, July and August, 2006, 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. Defendants sent letters and/or made telephone calls to Plaintiff in June, July and August,
2006, which are "communications" relating to a "debt" as defined by 15 U.S.c.
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11692a(2).
7. At all pertinent times hereto, the defendants alleged that Plaintiff owed a consumer debt.
5 V.S.C. S 1692a(5). (Hereinafter the "alleged debt.")
8. Defendants 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 Deferidants' letters contained false, misleading,
deceptive and/or confusing statements.
10. Plaintiff believes and therefore avers that agents of Defendants, in their telephone
communications made false, misleading, deceptive and/or confusing statements,
11. Plaintiff believes and therefore avers that agents of Defendants, in their 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.
COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
13. Plaintiff hereby incorporates the foregoing as if fully stated herein;
14. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. S2270 et seq.
15. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. S2270.4(a).
16. That defendants 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 **303.3(3),303.3(14),303.3(18),303.6 and 73 P.S, 9201-2(4).
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17. Defendants' 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.
18. 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 defendants 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
19. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
20. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. ~201-1 et seq.
21. That defendants engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
22. 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 defendants for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. *201-902.
COUNT IIl- FAIR DEBT COLLECTION PRACTICES ACT
23. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
24. 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.
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S 13 37.
25. Venue lies in this District pursuant to 28 U.S.c. 1391(b).
26. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U .S.C.
91692n.
27. Plaintiff believes and therefore avers that defendants do not have proper assignment of
the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa.C.S.
g7311 (a)(I) and (2).
28. Plaintitf believes and therefore avers that defendants do not have proper assignments
and/or documentation permitting said defendants to charge interest, fees and/or costs. 18
Pa.C.S. S73112(b)(l).
29. The FDCP A states that a violation of state law is 'a violation of the FDCP A. 15 U.S.c.
~1692n. Defendants violated this section of the FDCPA.
30. Plaintiff believes and therefore avers that defendants added interest, fees and costs in
violation of state and federal law.
31. Defendants in its collection efforts, demanded interest, fees and/or costs in violation of
the FDCP A, 15 U.S.C. * 1692f( 1) and 1692e(2)A and B.
32. There was never an express agreement by Plaintiff to pay any additional tees, cost or
interest to Defendants or any of its agents.
33. The FDCPA states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 U .S.C. 91692f. Defendants violated this section
of the FDCP A.
34. 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.
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~1692e(5) and (10), gI692f(8) and s1692j. Defendants violated these sections of the
FDCP A.
35. The FDCPA states, a debt collector may not discuss the consumers alleged debt with a
third party. The Defendants violated this section of the FDCP A.
36. 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. S1692d. Defendants violated this section of the FDCP A.
37. The FDCP A provides celtain rights to the consumer regarding. her right to dispute the
alleged debt, 15 U.S.c. S1692g. Defendants violated this section of the FDCPA.
38. 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 Burea!J., 6
F.3d62(2dCir. 1998). See also, 15 U.S.C. ~1692e(5), 15 U.S.C. sI692e(10).
39. At all times pertinent hen~lo, common law Respondent Superior applies to the
relationship between Defendant NRC Nations Recovery Center, Inc., and World
Financial Network National Bank Audit and Investigation, as purchaser of debts in
default and/or debt collectors.
40. Consumers are hurt by these tactics.
41. At all time pertinent hereto, the defendants were 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 defendants 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.
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43. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rise to the level needed for punitive damages.
44. Defendants, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c,
d, e, f, g, h, and/or n.
. 45. ' Defendants, 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 sub.iected 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 defendants and issue an Order:
(A) Award Plaintiff statutory damages in the amount of One Thousand Dollars
($1,000.00) for each violation of the FDCP A or each separate and discrete
incident in which defendants have violated the FDCP A.
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,-
and intimidation directed at Plaintiff in an amount not less than Ten Thousand
Dollars ($10,000.00), as well as the repetitive nature of defendants form letters.
C) A ward Plaintiff costs ofthis 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 V.S.C. ~1692k(a)(3).
(D) Award 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
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47. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
48. The Fair Credit Reporting at, 15 U.S.C. S1681b prohibits the improper use of a
consumer's credit information.
49. Plaintiff believes and therefore avers that the defendants reported false, misleading and/or
inaccurate information on Plaintiffs credit report, without first validating the alleged
debt.
50. Plaintiff believes and therefore avers that the defendants reviewed Plaintiffs credit report
without proper authority or assignment of the alleged debt.
51. The defendants violated the Fair Credit Reporting Act.
WHEREFORE, PlaintiffTespectfulIy requests that his Honorable Court enter judgment
for Plaintiff and against defendant and issue an Ol:der:
(A) Award Plaintiff statutory damages in the amount of One Thousand Dollars
($1,000.00) for each violation of the FeRA or each separate and discrete incident
in which defendants have violated the FCRA. 15 U.S.c. S 1681 n(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 ($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 Plaintitrs attorney in
vindicating his rights under the FDCPA, p m'tt by 15 U.S.C. sI68In(3)C).
Dated:9/26/06
By: /s/D anna 111 racco
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, P A 17025
Telephone 717-732-3750
Fax 717-728-9498
EmaiJ: SaraccoLaw@aol.com
(X~/hi+ B
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Martin, Lance
From:
Sent:
To:
Subject:
Martin, Lance
Thursday, October 05, 2006 3:56 PM
Dent, Andrea
FW: Heather Kauffman v. World Financial Network National Bank, et al
Tracking: Recipient Delivery Read
Dent, Andrea Delivered: 10/5/20063:56 PM Read: 10/5/20063:57 PM
See if you can find her account(s) with this Information. Thanks.
From: SaraccoLaw@aol.com [mailto:SaraccoLaw@aol.com]
Sent: Wednesday, October 04,20066:39 PM
To: Martin, Lance
Subject: Re: Heather Kauffman v. World Financial Network National Bank, et al
Her current address is 2610 Grandview Drive, York Haven, PA.
I do not give out SSN's, but I suppose Heather Kauffman is a common name.
The NRC account number is #307299644. The World Financial account number 18307-299-644, though it
appears that she may have another account whereby interest is being added, account number 252-971-148.
My client gave birth and had complications so she could not go back to work immediately. With interest, late
fees, etc., she ended up In an all too familiar scenario, Inability to get caught up and debt collectors refusing to
take partial payments, while adding interest fees and costs.
If you need an extension, I will agree to 30 days, however, please understand that my giving an extension does
not extend the time for removal to federal court. Removal must be done within 30 days, so if you plan to
remove, keep that in mind. If you do remove, I will concur to a 30 day extension. Either way, you will have
additional time.
If you would like me to extend a demand, please let me know. Please clarify who you represent. I apologize
that I do not recall your name in prior dealings.
Deanna Saracco
10/5/2006
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Martin, Lance
From: Martin, Lance
Sent: Wednesday, October 04,20064:46 PM
To: 'SaraccoLaw@aol.com'
Subject: Heather Kauffman v. World Financial Network National Bank, et al
Ms. Saracco,
I have received a copy of the complaint filed in the referenced matter. While we have found several accounts in
your cHent's name in Pennsylvania, none of them match the address on the summons. So that we may locate the
subject account, please provide me with the account number, a copy of the correspondence from the bank, your
client's SSN, or some other Identifying information. Additionally, please advise as to whether NRC was included
because they handled the same account or they are unrelated to the claims against WFNNB. We have resolved
prior cases filed by your office and I am hopeful that we can resolve this one at an early stage once I am able to
locate the account(s) and review our records. I look forward to hearing from you.
Lance S. Martin
Director and Counsel
Alliance Data
Direct Dial: (614) 944-5804
Facsimile: (614) 944-5801
10/5/2006
---------------
{x4}h;/- C
. ,
Heather Kauffman,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
v.
NRC Nations Recovery Center, Inc.,
World Financial Network National
Bank Audit and Investigation,
Defendants.
Civil Action No.: 06-5418
IMPORTANT NOTICE
TO: President
World Financial Network National Bank
4590 East Broad Street
Columbus, OH 43213
and Lance S. Martin
World Financial! Alliance Data
Same
DATE OF NOTICE: OCTOBER 23. 2006
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGEMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A
717-249-3166
800-990-9108
l)~~~
Deanna Lynn Saracco
76 Greenmont Drive
Enola, PA 17025
(717) 732-3750
Attorney for Plaintiff
No. 77414
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Heather Kauffman,
Plaintiff,
Civil Action No.: 06-5418
v.
NRC Nations Recovery Center, Inc.,
World Financial Network National
Bank Audit and Investigation,
Defendants.
PRAECIPE TO WITHDRA WIDISCONTINUE
WITHOUT PREJUDICE
And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files
this Praecipe to Withdraw, with prejudice, the above captioned matter, without prejudice. The
Plaintiff plans to re-file her case in federal court.
Respectfully submitted,
~
Dated: 1/ -I (j - 0 (p
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
defendants as follows:
Stephen L. Banko, Jr.
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Gary A. Moss, Esquire
ADAMS & MOSS
5115 New Peachtree Road, Suite 301
Chamblee, GA 30341
For: World Financial Network Bank
For: NRC
Dated: /(-10 -Ow
~~.
Deanna Lynn Saracco
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