HomeMy WebLinkAbout06-5421
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Heather Kauffman,
Grandview Drive
Enola, PAl 7025
1. A. Cambece Law Office, P.c.
Eight Bourbon Street
Peabody. MA 01960 and
CACH. LLC
370 I Th Street Suite 5000
Denver. CO 80202-3050
Plaintiff( s) & Addresses
Detendant( 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
4J.~ k AI) ~~
Signature of Attorney
Dated: ~- / y- (J(p
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. e ~ 1(. i.
Pr honotary 7
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Heather Kauffman.
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
Civil Action No.: 06-5421
v.
J. A. Cambece Law Office, p,c., 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 l~ e, 3i sted quire detenderse de
estas demandas expuetas en las paginas siquientes, usted tiene viente (20)
dias de plazo al partir de 1a fecha de la excrita 0 en persona 0 par abogado y
archivar en la corte en forma excrita sus defensas 0 sus ectiones alas
demande, 1a corte tomara medidas y entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. Usted puede perder dinero 0 sus propledades 0 otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. 31 NO TIENE ABOGADOO SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME
paR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENC1A LEGAL.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COlJNTY,PENNSYL VANIA
Heather Kauffman,
Plaintift~
Civil Action No.: 06-5421
v.
J. A. Cambece Law Office, P.c., and
CACH, LLC,
Defendants.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuant to 15 U.S,c. ~1692a(3).
2. Defendant J. A. Cambece Law Office, P.c., is a business entity(ies) engaged in the
business of collecting debts in this Commonwealth with its principal place of business
located at Eight Bourbon Street, Peabody, MA 01960. (Hereinafter Defendants.)
3. Defendant eACH, LLC., 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 370 17th Street, Suite 5000, Denver, CO, 80202-3050. (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 FDCP A. 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.
1 1 692a(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 plaintiff"s alleged debt.
9. Plaintiff believes and therefore avers that Defendants" letters contained false, misleading,
deceptive and/or confusing statements.
1 O. 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. ~2270 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 FCELJ 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, S201-2(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, 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. 920 I-I 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, 9201-902.
COUNT III - 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. ~1692, et seq. CFDCPA"), particularly 15 U.S,c. ~1692k(d) and 28 U.S.c.
~1337.
#
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.
S 1692n.
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, fees and/or costs. 18
Pa.C.S. S73112(b)(1).
29, The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
S 1692n. 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 fees and/or costs in violation of
the FDCPA, 15 U.S,c. SI692f(1) and 1692e(2)A and B.
32. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendants or any of its agents.
33. 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 1692f. 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.
S] 692e( 5) and (10), S 1692t~8) and s] 692j. 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. 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).
39. Defendant J. A. Cambece Law office is a law firm, not licensed to practice law in
Pennsyl vania.
40. Plaintiff believes and therefore avers that Defendant Cambece uses its position and title
as attorney in order to add heightened urgency and intimidation to its collection practices,
41. Defendant Cambece uses its attorney status to make false, misleading and/or deceptive
representation and/or implications that it has authority to take legal action in
Pennsylvania.
42. Defendant Cambece failed to make clear to the PlaintifTthat he has no authority to take
legal action in Pennsylvania,
43. Defendant CACH, LLC, intentionally hired Defendant Cambece in order to add
heightened urgency and intimidation to its collection practices.
44. At all times peliinent hereto, common law Respondent Superior applies to the
relationship between Defendant Cambece and Defendant CACH, LLC., as purchaser of
debts in default and/or debt collectors.
45. Consumers are hurt by these tactics.
46, 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.
47. 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.
48. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rise to the level needed for punitive damages.
49. Defendants, in its collection efforts, violated the FDCP A, infer alia, Sections 1692, b, c,
d, e, f. g, h, and/or n.
50. Defendants, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
51. 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 defendants 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. sI692k(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
52. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
53. The Fair Credit Reporting at 15 U.S.c. S1681b prohibits the improper use ofa
consumer's credit information.
54. Plaintitl believes and therefore avers that the defendants reported false, misleading and/or
inaccurate information on Plaintiffs credit report, without first validating the alleged
debt
55. Plaintiff believes and therefore avers that the defendants reviewed Plaintiffs credit report
without proper authority or assignment of the alleged debt
56. 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 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. ~1681n(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 FDCP A, permitted by 15 U.S.c. ~ 1681 n(3 )C).
Dated:9/26/06
By: /s/D aracco
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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Jonathan J. Greystone, Esquire
Identification No. 50223
SPECTOR GADON & ROSEN, P.C.
Seven Penn Center
1635 Market Street, ih Floor
Philadelphia, P A 19103
(215) 241-8927
Attorneys for Defendants
J.A. Cambece Law Office, P.C.
and CACH, LLC
HEATHER KAUFFMAN
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
No. 06-5421
J.A. CAMBECE LAW OFFICE, P.C. 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, lA. Cambece Law Office 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.
~~
lly' " , -p. --.
J~ J. re~s e, E - Ire
Attorney for Defendants,
J .A. Cambece Law Office
and CACH, LLC
Dated:~
300563-1
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, Monday, October 23, 2006 delivery, addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive
Enola, P A 17025
SPECTOR GADON & ROSEN, P.C.
Dated:
)0 l14 JoL
I I
300563-1
Exh,bit A
,'JS 44 (~v. 1lI04)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as pr!>yi~ed
by local rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Cieri< of Court for the purpose of Imnatmg
the civil docket sheet. (SEE lNSTRUCfIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
Heather Kauffman
DEFENDANTS
I.A. Cambece Law Office, P.C.
(b) County of Residence of First Listed Plaintiff
(EXCEPT [N U.S. PLAlI'IT[FF CASES)
County of Residence of First Listed Defendant Peabody, MA
([N u.s. PLAII'ITIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES. USE THE LOCAT[ON OF THE
LAND INVOLVED.
Attorneys (If Known)
Jonathan J. Greystone, Esquire, 1635 Market Street, 7th Fl, Phila, Pa.
19103 (215) 241-8927
CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
Citizen of This State liD I 0 I Incorporated or Principal Place 0 4 0 4
of Business [n This State
( C) Attorney's (Firm Name. Address. and Telephone Nwnber)
Deanna Lynn Saracco, Esquire, 76 GreemontDrive, Enola, PA 17025
(717) 732-3750
II. BASIS QF JURISDICTION (Place an "xn in One Box Only) III.
o I u.s. Government
Plaintiff
dD 3 Federal Question
(U.$, Government Not a Party)
o 2 US, Government
Defendant
o 4 Diversity
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a
Forei Coun
o 3 0 3 ,Foreign Nation
o 2 m 2 Incorporated and Principal Place
of Business In Another State
o 6 06
Citizen of Another State
IV. NATURE OF SUIT (Place an "XO' in One Box OnIv)
E",,::::':::::,,:'::"il1fOl!ilI1RA~'"'' , '::::':,:'::,'''':T()I{TS::'::'''' , """""'..'.."..,,,......, l\'ORFEmrREfeEl\iALTV::':'
(J 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture
(J 120 Marine 0 310 Airplane 0 362 Personal Injury - 0 620 Other Food &. Drug
(J 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug ~Iated Seizure
(J 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881
(J 150 Rccovety ofOvcrpaymcnt 0 320 Assault, Libel &. Product Liability 0 630 Liquor Laws
&. Enforcement of Judgment Slander 0 368 Asbestos Personal a 640 R.R. &. Truck
(J 151 Medicare Act 0 330 Federal Employers' Injury Product a 650 Airline Regs,
o 152 Recovery ofDefaulted Liability Liability 0 660 Occupational
Student Loans 0 340 Marine PERSONAL PROPERTY SafetylHealth
(ExcL Veterans) a 345 Marine Product 0 370 Other Fraud 0 690 Other
o 153 RecovetyofOverpayment Liability a 371 Truth in Lending, :'>'L"~::"l~BOR'
of Veteran's Benefits a 350 Motor Vehicle a 380 Other Personal 0 710 Fair Labor Standards
o 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act
(J 190 Other Conlnct Product Liability 0 385 Property Damage 0 720 Labor/Mgmt Relations
o 195 Contract Product Liabi[ity 0 360 Other Personal Product Liability 0 730 LaborlMgmt.Reporting
(J 196 Franchise Iniurv &. Disclosure Act
r::u.. ;"':;iRMVPROPDlTY .. HLCI~J];RIGRTS ........ .. .... ;jjl~RlSONERl!PE1T11ONSm~! 0 740 Railway Labor Act
o 210 Land Condemnation a 441 Voting 0 510 Motions to Vacatc a 790 Other Labor Litigation
0220 ForecloslJl'C a 442 Employment Sentence 0 791 Empl Ret Inc,
(J 230 Rent Lease &. Ejectment 0 443 Housing! Habeas Corpus: Security Act
o 240 Torts to Land Acconunodalions 0 530 General
(J 245 Tort Product Liability 0 444 Welfare a 535 Death Penalty
(] 290 All Other Real Property 0 445 Amer, wlDisabilities. a 540 Mandamus &. Other
Employment a 550 Civil Rights
o 446 Amer. wlDisabilities - 0 555 Prison Condition
Other
o 440 Other Civil Rights
, .. ,..' , , " "..,.,......".,.".....,~ . ,
:: ::;;:.;:;:;;..;::;:;;;;~~~~..i;.;~,.;:;,;:::-:
o 422 Appeal 28 USC 158
o 423 Withdrawal
28 USC 157
" " ,;RlearlS'
a 820 Copyrights
o 830 Patent
o 840 Trademark
SOOfAVSECURITV
0861 HIA (1395tl)
a 862Black Lung (923)
a 863 DlWClDIWW (405(g))
o 864 ssm Title XVI
o 865 RSI (40s(~))
';':.;::;llEDERAl1i:TAX:StJJTS";;.:'"
o 870 Taxes (U.S. Plaintiff
or Defendant)
o 871 IRS-Third Party
26 USC 7609
V. ORIGIN
a I Original.
Proceedm
(place an "XU in One Box Only)
~ 2 0 3 0 4 a 5 Transferred from a 6
Removed from Remanded from Reinstated or anoth.er district ' Multidistrict
State Court A lIate Court Reo oed s eel Liti tion
Cite the U.S. Civil Statute under which you are filing (Do Dot dte jurisdictional statules unless diversky):
VI. CAUSE OF ACTION
Brief description of cause:
Alleged Untair Trade Practices
CHECK IF THIS IS A CLASS ACTION
UNDER F.R-C.P. 23
DEMAND S
CHECK YES only if demanded in complaint:
JURY DEMAND: 12' Yes ONo
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE
DOCKET NUMBER
DATE
MAG, JUDGE
~(,
Y
RECEIPT #
AMOUNT
a
I!lI
::OTHERSTA'fUTESI
o 400 State Reapponionment
o 410 Antitrust
o 430 Banks and Banking
o 450 Commerce
o 460 Deportation
o 470 Racketeer Influenced and
Conupt Organizations
a 480 Consumer Credit
o 490 Cable/Sat TV
a 810 Selective Service
a 850 SecuritieslConunoditiesl
Exchange
o 875 Customer Challenge
12 USC 3410
&is 890 Other Statutory Actions
o 891 Agricultural Acts
o 892 Economic Stabilization Act
a 893 Enviromnental Matters
o 894 Energy Allocation Act
o 895 Freedom of Information
Act
o 900Appeal oCFee Delwninati'lll
Under Equal Access
to Justice
a 950 Constitutionality of
State Statutes
Appeal to District
o JUdge from
7 Magistrate
Jud ment
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYL VANIA
HEATHER KAUFFMAN
CIVIL ACTION NO.
Plaintiff,
v.
I.A. CAMBECE LAW OFFICE, P.C. and
CACH, LLC
Defendant.
DEFENDANTS, J.A CAMBECE LAW OFFICE, P.C.
AND CACH~ LLC NOTICE OF REMOVAL
Defendants, I.A. Cambece Law Office, P.C. 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. 06-5421 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. ~ 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 14,
2006 and on or about September 30, 2006 first served the Complaint upon Defendant I.A.
Cambece Law Office, P.C. 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 V.S.C. ~ 1692, et seq. and Fair Credit Reporting Act, 15 V.S.C. ~ 1681(b), in addition
to the Pennsylvania Fair Credit Extension Uniformity Act (73 Pa. CSA ~ 2270 et seq.),
and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, allegedly
299856-1
sustained by Plaintiff, Heather Kauffman, as a result of Defendants alleged collection of
an alleged debt relating to an alleged consumer transaction involving Plaintiff. (See
Paragraphs 7, 20, 24, 31 and 53 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, I.A. Cambece Law Office, P.C. is a business entity with a
place of business located at Eight Burbon Street, Peabody, MA 01960. (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 17th 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 D.S.C. ~ 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Debt Collection Practices Act (15 U.S.C. ~ 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 D.S.C. ~ 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Credit Reporting Act (15 U.S.C. ~ 1681(b), et seq.).
(See Paragraph 56 of Plaintiffs Complaint attached hereto as Exhibit "A").
8. Pursuant to 28 U.S.C. ~ 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.
299856-1
9. This Notice of Removal is timely pursuant to 28 V.S.C. ~1446(b) as it was
filed within thirty (30) days after receipt by the first Defendant, served with the
Complaint, or J.A. Cambece Law Office, P.C.
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
V.S.C. ~ 1446(c).
11. Defendants will this date given written notice of the filing of this Notice of
Removal to Plaintiff as required by 28 V.S.C. ~ 1446(c).
WHEREFORE, Defendants, J.A. Cambece Law Office, P.C. and CACH, LLC,
pray that the above-entitled action now pending in the Court of Common Pleas, County
of Cumberland be removed therefrom to this Court.
SPECTOR GADON & ROSEN, P.C.
than .
Identi ion .502 3
SPECTOR GADON & ROSEN, P.C.
Seven Penn Center
1635 Market Street, th Floor
Philadelphia, P A 19103
(215) 241-8927
Dated:
/O/lO/O'
/ I
Attorney for Defendants,
J.A. Cambece Law Office, P.C.
and CACH, LLC
299856-1
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 Overnight Mail, Monday,
October 23,2006 delivery, addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive'
Enola, PA 17025
SPECTOR GADON & ROSEN, P.C.
Dated:
1'0/0/#(,
f Jo an J. e s one,. quire
~
299856-1
-
EXlllBlrr
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Heather Kauffman,
Plaintiff,
Civil Action No.: 06-5421
v.
J. A. Cambece Law Office, P.C., and
CACH, LLC,
Defendants.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuantto 15 V.S.C. 9 I 692a(3).
2. Defendant J. A. Cambece Law Office, P.C., is a business entity(ies) engaged in the
business of collecting debts in this Commonwealth with its principal place of business
located at Eight Bourbon Street, Peabody, MA 01960. (Hereinafter Defendants.)
3. Defendant CACH, LLC., 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 370 17m Street, Suite 5000, Denver, CO, 80202-3050. (Hereinafter
Defendants.)
4. On or about June~ July and August., 2006. Defendant contacted Plaintiffby 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.
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.
I I 692a(2}.
7. At all pertinent times hereto, the defendants alleged that Plaintiff owed a consumer debt.
5 U.S.C. ~ 1692a(5). (Hereinafter the "alleged debC')
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 plaintift~s 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.
II. Plaintiff believes and therefore avers that agents of Defendants, in their telephone
communications, were rude, beligerent, insulting and harassing to the Plaintiff.
12. Plainti ff 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. ~2270 et seq.
IS. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. g2270.4(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 99303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. 9201-2(4}.
17. Defendants' acts as described herein were done with malicious, intentional, willful,
reckless, negligent and wanton disregard for PlaintifPs 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
PROTECfION LAW
19. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
20. Jurisdiction for this action is asselted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P .S. 9201-1 et seq.
2 t. 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 Cow.t issue judgment on
Plaintiff's behalf and against defendants for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. 9201-902.
COUNT IT! - 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. S1692, et seq. ("FOCPA"). particularly 15 U.S.C. g1692k(d) and 28 U.S.C.
91337.
25. Venue lies in this District pursuant to 28 U.S.C. 1391(b).
26. The FOCPA states that a violation of state law is a violation of the FOCPA. 15 U.S.C.
~ 1692n.
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.
~7311(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 interes4 fees and/or costs. 18
Pa.C.S. ~731l2(b)(1).
29. The FDCP A states that a violation of state law is a violation of the FOCP A. 15 V.S.C.
S 1692n. Defendants violated this section of the FOCP A.
30. Plaintiff believes and therefore avers that defendants added interest, fees and costs in
violation of state and federal law.
31. Oefendants in its collection efforts, demanded interest, fees and/or costs in violation of
the FDCPA, 15 V.S.C. gI692f(l) and 1692e(2)A and B.
32. There was never an express agreement by Plaintiff to pay any additional fees, 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 V.S.C. S1692f. Defendants violated this section
of the FOCP A.
34. The FOCP A states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any debt. 15 U .S.C.
~1692e(5) and (10), ~1692f(8) and ~1692j. 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. 91692d. Defendants violated this section of the FDCP A.
37. The FDCPA provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 D.S.C. g1692g. 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. Bently v. Great Lakes Collection Burea!!, 6
F.3d 62 (2d Cir. 1998). See also, t 5 U.S.c. ~ t 692e(5), 15 V.S.C. ~ I 692e(1 0).
39. Defendant J. A. Carnbece Law office is a law firm, not licensed to practice law in
Pennsylvania
40. Plaintiff believes and'therefore avers that Defendant Cambece uses its position and title
as attorney in order to add heightened urgency and intimidation to its collection practices.
41. Defendant Carnbece uses its attorney status to make false, mislel;lding and/or deceptive
representation and/or implications that it has authority to take legal action in
Pennsylvania.
42. Defendant Cambece failed to make clear to the Plaintiff that he has no authority to take
legal action in Pennsylvania.
43. Defendant CACH, LLC, intentionally hired Defendant Cambece in order to add
heightened urgency and intimidation to its collection practices.
44. At all times pertinent hereto, common law Respondent Superior applies to the
relationship between Defendant Cambece and Defendant CACH~ LLC., as purchaser of
debts in default and/or debt collectors.
45. Consumers are hurt by these tactics.
46. 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.
47. . 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.
48. The "above mentioned acts with supporting cases demonstrates that the conduct of
defendants rise to the level needed for punitive damages.
49. Defendants~ in its collection effolis, violated the FDCPA, inter alia, Sections 1692, b, c,
d, e, [. g. h. and/or n.
50. Defendants, in its colleCtion efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
51. 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 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 FOCP 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, permitted by 15 U.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
52. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
53. The Fair Credit Reporting at, 15 U.S.C. ~1681b prohibits the improper use ofa
consumer's credit information.
54. 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.
55. Plaintiff believes and therefore avers that the defendants reviewed PLaintiff's credit report
without proper authority or assignment of the alleged debt.
56. The defendants violated the Fair Credit RepOlting Act.
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. ~1681n(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$350.00Ihour for hours reasonably expended Plaintiff's attorney in
Dated:9/26/06
vindicating his rights under the FDCPA. permitted by 15 U.S.C. 91681n(3)C).
By: ~aracco
Deanna Lyrm 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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Jonathan J. Greystone, Esquire
Identification No. 50223
SPECTOR GADON & ROSEN, P.c.
Seven Penn Center
1635 Market Street, ih Floor
Philadelphia, P A 19103
(215) 241-8927
Attorneys for Defendants
J.A. Cambece Law Office, P.C.
and CACH, LLC
HEATHER KAUFFMAN
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
No. 06-5421
J.A. CAMBECE LAW OFFICE, P.c. and
CACH, LLC
Defendant.
PRAECIPE TO FILE NOTICE OF REMOVAL
TO THE PROTHONOTARY:
Pursuant to 28 U.S.C. 9 1446(b) Defendants, lA. Cambece Law Office, P.C. 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 23rd Day of
October, 2006.
SPECTOR GADON & ROSEN, P.C.
.-._~,-..,-.~...
Attorney or Defendants,
J.A. Cambece Law Office, P.C.
and CACH, LLC
Dated:
I' /~,,/'('
I
299805-1
.. ,
'JS 44 (Rev, I 1104)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neitherreplace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court, This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose ofmitiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM,)
I. (a) PLAINTIFFS
Heather Kauffman
DEFENDANTS
],A. Cambece Law Office, P.c.
(b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S, PLAINTIFF CASES)
County of Residence of First Listed Defendant Peabody, MA
(IN U,S, PLAINT[FF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED,
(c) Attorney's (Firm Name, Address. and Telephone Nwnber)
Deanna Lynn Saracco, Esquire, 76 Greemont Drive, Enola, P A 17025
(717) 732-3750
II. BASIS QF JURISDICTION (Place an "XU in One Box Only) III.
o [ U,S, Government
Plaintiff
lID 3 Federal Question
(V,S, Government Not a Party)
Attorneys (If Known)
Jonathan 1. Greystone, Esquire, 1635 Market Street, 7th FI, Phila, Pa.
19103 (215) 241-8927
CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plain(Jff
(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
Citizen oflnis Slate gJ I 0 1 Incorporated or Principal Place 0 4 0 4
of Business In This State
o 2 U,S, Government
Defendant
o 4 Diversity
(Indicate Citizenship of Parties in Item III)
Citizen of Another State
o 2 III 2 Incorporated and Principal Place
of Business [n Another Slate
o 5 lID 5
IV. NATURE OF SUIT (Place an "X" in One Box OnIv\
r CON'I'RACT TORTS 'FORFEITURElPENALTV BANKRUPTCY OTIIERSTATUTES
o II 0 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture o 422 Appeal 28 USC [58 0 400 Slate Reapponionment
o 120 Marine 0 310 AiIplane 0 362 Personal Injury - 0 620 Other F cod & Drug o 423 Withdrawal 0 410 Antitrust
o 130 Miller Act 0 315 AiIplane Product Med, Malpractice 0 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking
o 140 Negotiable Instrument Liability 0 365 Personal Injury , of Property 21 USC 881 0 450 Cornmerce
o 150 Recovery of Overpayment 0 320 Assault, Libe[ & ProduCl Liability 0 630 Liquor Laws PROl'ERTY'RIGHTS 0 460 Deponation
& Enforcement of Judgmenl Slander 0 368 Asbestos Personal 0 640 R,R, & Truck o 820 Copyrights 0 470 Racketeer Influenced and
o 15l Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs, o 830 Patent Conupt Organizations
o [52 Recovery of Defaulted Liability Liability 0 660 Occupational o 840 Trademark 0 480 Consumer Credit
Student Loans 0 340 Marine PERSONAL PROPERTY SafetylHealth 0 490 Cable/Sat TV
(ExcL Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 0 810 SeleClive Service
o 153 Recovery of Overpayment Liability 0 371 Truth in Lending LABOR SOl, IALSECURlTY 0 850 Securities/Commodities/
of Veteran's Benefits 0 350 Motor Vehide 0 380 Other Personal 0 710 Fair Labor Standards o 861 H1A (1395tl) Exchange
o 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage ACl o 862 Black Lung (923) 0 875 Customer Challenge
o 190 Other Contract ProduCl Liability 0 385 Property Damage 0 720 Labor/Mgmt, Relations o 863 D1WClDIWW (405(g)) 12 USC 3410
o 195 Contract Product Liability 0 360 Other Personal ProduCl Liability 0 730 Labor/MgmlReporting o 864 ssm Title XVI Iii! 890 Other Statutory Actions
o 196 Franchise Iniurv & Disclosure Act o 865 RSI (405(.n 0 891 Agricultural Acts
I RE.A.Ll'ROl'ER:TY CIVIL RIGHTS l'RlSONER.PEl'ffiONS 0 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Economic Stabilization Act
o 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation o 870 Taxes (U,S, Plaintiff 0 893 Envirorunenlal Malters
o 220 Foreclosure 0 442 Employment Sentence 0 791 EmpL Ret. Inc, or Defendant) 0 894 Energy Allocation Act
o 230 Rent Lease & Ejectment 0 443 Housing! Habeas Corpus: Security Act o 871 IRS- Third Party 0 895 Freedom of Infol1l1ation
o 240 Torts to Land Accommodations 0 530 General 26 USC 7609 Act
o 245 Ton Product Liability 0 444 Welfare 0 535 Death Penalty 0 900Appeal of Fee Delt:/"llllnalioll
o 290 All Other Real Property 0 445 Amer, wlDisabilities - 0 540 Mandamus & Other Under Equal Access
Employment 0 550 Civil Rights to Justice
0 446 Amer, wlDisabilities - 0 555 Prison Condition 0 950 Constitutionality of
Other Slate Slatutes
0 440 Other Civil Rights
Citizen or Subject of a
Foreil!Il Coun""
o 3 0 3 Foreign Nation
o 6 06
V. ORIGIN
01 Original
Proceed in
(Place an "X" in One Box Only)
~ 2 Removed from 0 3
o 4 0 5 Transferred from 0 6
Remanded from Reinstated or another district Multidistrict
State Court A nate Court Reo ned s eci Liti ation
Cite the U,S, Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversky):
o 7
Appeal to District
Judge from
Magistrate
Jud ment
VI. CAUSE OF ACTION
Brief description of cause:
Alleged Untair Trade Practices
CHECK IF THIS IS A CLASS ACfION
UNDER F,R.C.P, 23
DEMAND $
CHECK YES only if demanded in complaint:
JURY DEMAND: 121 Yes ONo
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE
DOCKET NUMBER
MAG, JUDGE
DATE
RECEIPT #
AMOUNT
, .
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HEATHER KAUFFMAN
Plaintiff, 1
v.
:; evC;!;!OC6 - 2086
FILEf>
HARRISBURG
OCT 3 2006
l.A. CAMBECE LAW OFFICE, P.e. and
CACH, LLC
Defendant.
MAR
.:'0,.
EA,CLERK
DEPUTY CLERK
DEFENDANTS, J.A CAMBECE LAW OFFICE, P.e.
AND CACHo LLC NOTICE OF REMOVAL
Defendants, l.A. Cambece Law Office, P.C. 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. 06-5421 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.e. ~ 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 14,
2006 and on or about September 30,2006 first served the Complaint upon Defendant l.A.
Cambece Law Office, P.e. 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. ~ 1681(b), in addition
to the Pennsylvania Fair Credit Extension Uniformity Act (73 Pa. CSA 9 2270 et seq.),
and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, allegedly
299856-1
sustained by Plaintiff, Heather Kauffman, as a result of Defendants alleged collection of
an alleged debt relating to an alleged consumer transaction involving Plaintiff. (See
Paragraphs 7, 20, 24, 31 and 53 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, J.A. Cambece Law Office, P.e. is a business entity with a
place of business located at Eight Burbon Street, Peabody, MA 01960. (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
Plaintiff s Complaint attached hereto as Exhibit "A").
6. This Honorable Court has original jurisdiction based upon the existence of
a Federal Question pursuant to 28 D.S.C. S 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Debt Collection Practices Act (15 U.S.e. 9 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.e. 9 1331. Plaintiff brings the foregoing action
based, in part, pursuant to the Fair Credit Reporting Act (15 U.S.e. 9 1681(b), et seq.).
(See Paragraph 56 of Plaintiffs Complaint attached hereto as Exhibit "A").
8. Pursuant to 28 D.S.C. ~ 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.
299856-1
9. This Notice of Removal is timely pursuant to 28 U.S.e. ~1446(b) as it was
filed within thirty (30) days after receipt by the first Defendant, served with the
Complaint, or J.A. Cambece Law Office, P.C.
10. Defendants will file this date a copy ofthe Notice of Removal with the
Prothonotary of the Court of Common Pleas, County of Cumberland, as required by 28
U.S.e. 9 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. ~ 1 446(c).
WHEREFORE, Defendants, lA. Cambece Law Office, P.C. and CACH, LLC,
pray that the above-entitled action now pending in the Court of Common Pleas, County
of Cumberland be removed therefrom to this Court.
SPECTOR GADON & ROSEN, P.e.
than .
Identi ion . 502 3
SPECTOR GADON & ROSEN, P.e.
Seven Penn Center
1635 Market Street, ih Floor
Philadelphia, P A 19103
(215) 241-8927
Dated:
//)Il1J/f)~
I I
Attorney for Defendants,
J.A. Cambece Law Office, P.e.
and CACH, LLC
299856-1
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 Overnight Mail, Monday,
October 23, 2006 delivery, addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive.
Enola, P A 17025
SPECTOR GADON & ROSEN, P.e.
Dated:
I'O/o/b~ ~
I Io an J. e s on~ - q~e
--,
299856-1
. .
~xklbi-r k
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.,
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSVL VANIA
Heather Kauffman,
Plaintiff,
Civil Action No.: 06-5421
v.
J. A. Cambece Law Office, P.C., and
CACH, LLC,
Defendants.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
..
pursuant to 15 US.C. ~1692a(3).
2. Defendant J. A. Cambece Law Office, P.c., is a business entity(ies) engaged in the
business of collecting debts in this Commonwealth with its principal place of business
located at Eight Bourbon Street, Peabody, MA 01960. (Hereinafter Defendants.)
3. Defendant eACH, LLC., 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 370 17th Street, Suite 5000, Denver, CO, 80202-3050. (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 FDCP A. 15 U.S.c.
1 1 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.
I1692a(2 ).
~
..,
7. At all pertinent times hereto, the defendants alleged that Plaintiff owed a consumer debt.
5 U.S.C. * 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. 92270 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).
17. Defendants' acts as described herein were done with malicious, intentional, willful,
reckless, negligent and wanton disregard for Plaintiff's 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 asselted 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
Plaintiff's behalf and against defendants for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. ~201-902.
COUNT III - FAIR DEBT COLLECTION PRACTICES ACT
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. ~ 1692, et seq. ("'FDCP A"). particularly 15 U.S.C. S 1692k(d) and 28 U.S.c.
91337.
1
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.
~ 1692n.
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.
~7311(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, fees and/or costs. 18
Pa.C.S. g73112(b)(1).
29. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U.S.c.
S 1692n. 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, fees and/or costs in violation of
the FDCPA, 15 U.S.C. ~ 1692f(l) and 1692e(2)A and B.
32. There was never an express agreement by Plaintiff to pay any additional fees, 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. SI692f. Defendants violated this section
of the FDCP A.
34. The FDCPA 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), ~1692f(8) and g1692j. 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 FDCPA provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 U.S.C. SI692g. 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. Bently v. Great Lal<es Collection Bureau, 6
F.3d62 (2dCir. 1998). See also, 15 U.S.c. SI692e(5), 15 U.S.C. sI692e(10).
39. Defendant J. A. Cambece Law office is a law firm, not licensed to practice law in
Pennsyl vania.
40. Plaintiff believes and therefore avers that Defendant Cambece uses its position and title
as attorney in order to add heightened urgency and intimidation to its collection practices.
41. Defendant Cambece uses its attorney status to make false, misleading and/or deceptive
representation and/or implications that it has authority to take legal action in
Pennsylvania.
42. Defendant Cambece failed to make clear to the Plaintiff that he has no authority to take
legal action in Pennsylvania.
43. Defendant CACH, LLC, intentionally hired Defendant Cambece in order to add
heightened urgency and intimidation to its collection practices.
44. At all times pertinent hereto, common law Respondent Superior applies to the
.
.
..~
i
relationship between Defendant Cambece and Defendant CACH, LLC., as purchaser of
debts in default and/or debt collectors.
45. Consumers are hurt by these tactics.
46. 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.
47. 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.
48. The .above lnent10ned acts with supporting cases demonstrates that the conduct of
defendants rise to the level needed for punitive damages.
49. Defendants, in its collection efforts, violated the FDCPA, inler alia, Sections 1692, b, c,
d. e, f. g, h, and/or n.
50. Defendants, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
51. 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 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 FDCPA.
~
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at Plaintitf 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$350.00Ihour for hours reasonably expended Plaintiffs attorney in
vindicating his rights under the FDCPA, permitted by 15 U.S.c. S 1692k(a)(3).
(D) Award declaratory and injunctive relief, and such other relief as this Honorable
Court deems necessary and proper or law or equity may provide.
COUNT IV - FAIR CREDIT REPORTING ACT
52. Plaintiff hereby incorporates the foregoing as iffully set forth herein.
53. The Fair Credit Reporting at, 15 U.S.c. 91681b prohibits the improper use ofa
consumer's credit information.
54. Plaintiff believes and therefore avers that the defendants reported false, misleading and/or
inaccurate information on Plaintiffs credit report, without first validating the alleged
debt.
55. PlaintitfbeIieves and therefore avers that the defendants reviewed Plaintiffs credit report
without proper authority or assignment of the alleged debt.
56. The defendants violated the Fair Credit Reporting Act.
WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment
for Plaintiff and against defendant and issue an Order:
(A) Award Plaintiff statutory damages in the amount of One Thousand Dollars
($ 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. *1681n(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$350.00Ihour for hours reasonably expended Plaintiffs attorney in
Dated:9/26/06
vindicating his rights under the FDCPA, permitted by 15 U.S.C. ~ l681n(3)C).
By: /slD~aracco
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, P A 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@ao\.com
CERTIFICATE OF SERVICE
I hereby certify that on this date I served the foregoing Praecipe to file Notice of
Removal on all parties by causing true and correct copies thereof to be sent via Overnight
Mail, Monday, October 30,2006 delivery, addressed to the following:
Deanna Lynn Sarocco, Esquire
76 Greenmont Drive
Enola, P A 17025
SPECTOR GAD ON & ROSEN, P.e.
I 0 I). "7 I f)~
~ESqUire
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Dated:
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