HomeMy WebLinkAbout06-5422
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Sanford Krevsky.
Greenmont Drive
Enola, P A 17025
Pioneer Credit Recovery, Inc.
26 Edward Street
Arcade. NY 14009
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
J),tM-AA..-r .-r.-o
ignature of Attorney
Dated: 9 -I r - CJ ~
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE
COMMENCED AN ACTION AGAINST YOU. ~ .;( r,
WM4 ~
Pr tho notary ,
Dated: 6~. /5 cQa:J!1!7
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Sanford Krevsky,
Plaintiff,
Civil Action No.: 06-5422
v.
Pioneer Credit Recovery, Inc.,
Defendant.
NOTICE TO PLEAD
TO THE DEFENDANT NAMED HEREIN:
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint is served, by
entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without further notice for
any money claimed in the Complaint, or for any other claim or
relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, P A
1-800-990-9108, 717-249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quire defenderse de
estas demandas expuetas en las pa nas siquientes, usted tiene viente (20)
dias de plazo al partir de la fecha de la excrita en persona 0 por abogado y
archivar en la corte en forma excrita sus defensas 0 sus objectiones alas
demander la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en 1a
peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMME01ATAMENTE. 81 NO T1ENE ABOGADOO S1
NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10N, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE PUEOECONSEGU1R AS1STENC1A LEGAL.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Sanford Krevsky,
Plaintiff,
Civil Action No.: 06-5422
v.
Pioneer Credit Recovery, Inc.,
Defendant.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuant to 15 U.S.C. ~1692a(3).
2. Defendant, Pioneer Credit Recovery, Inc., is a business entity(ies) engaged in the business
of collecting debts in this Commonwealth with its principal place of business located at
26 Edward Street, Arcade, NY, 14009. (Hereinafter Defendants.)
3. 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.
4. Defendant is a debt collector as defined by the state law and the FDCP A. 15 U .S.c.
11692a(6).
5. Defendant 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).
6. At all pertinent times hereto, the defendant alleged that Plaintiff owed a consumer debt. 5
U.S.c. S 1692a(5). (Hereinafter the "alleged debt.")
7. Defendant communicated with plaintiff on or after one year before the date of this action,
in connection with collection efforts, by letters, telephone contact or other documents.
with regard to plaintiffs alleged debt.
#
8. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading,
deceptive and/or confusing statements.
9. Plaintiff believes and therefore avers that agents of Defendant, in their telephone
communications made false, misleading, deceptive and/or confusing statements.
lO. Plaintiff believes and therefore avers that agents of Defendant, in their telephone
communications. were rude, beligerent, insulting and harassing to the Plaintiff.
11. Plaintiff disputes the alleged debt and hereby requests proof of the manner in which the
alleged debt was calculated, as is required by state and federal law.
COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
12. Plaintiff hereby incorporates the foregoing as if fully stated herein.
13. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. S2270 et seq.
14. Violating provisions of the Fair Deht Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. ~2270.4(a).
15. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices. as defined by FCEU and the regulations, including but not limited to, violations
of37 Pa.Code 99303.3(3). 303.3(14), 303.3(18), 303.6 and 73 P.S. S201-2(4).
16. Defendant's 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.
17. As a result of the above violations. Plaintiff is entitled to statutory, actual, treble and
punitive damages and attomey's fees and costs.
WHEREFORE, plaintiff requests that this Honorable Court issue judgment on
,
Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive
damages. attorney fees and costs pursuant to 73 P.S. 2207.5.
COUNT II - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
18. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
19. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. 9201-1 et seq.
20. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
21. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and
punitive damages and attorney's fees and costs.
WHEREFORE, plaintiff requests that this Honorable Court issue judgment on
Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. 9201-902.
COUNT III - FAIR DEBT COLLECTION PRACTICES ACT
22. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
23. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act,
15 U.S.c. S1692. et seq. ("FDCPA"), particularly 15 U.S.c. SI692k(d) and 28 U.S.c.
S1337.
24. Venue lies in this District pursuant to 28 U .S.c. 1391 (b).
25. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U.S.c.
S 1692n.
26. Plaintiff believes and therefore avers that defendant does do not have proper assignment
of the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa.c .S.
r
s7311(a)(I) and (2).
27. Plaintiff believes and therefore avers that defendant does not have proper assignments
and/or documentation permitting said defendants to charge interest, fees and/or costs. 18
Pa.C.S. S73112(b)(1).
28. 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.
29. Plaintiff believes and therefore avers that defendant added interest, fees and costs in
violation of state and federal law.
30. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCPA, 15 U.S.c. SI692f(l) and 1692e(2)A and B.
31. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
32. The FDCP A states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 LJ.S.c. S I 692f. Defendant violated this section
of the FDCP A.
33. The FDCP A states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any debt. 15 U .S.c.
sI692e(5) and (10), SI692f(8) and S1692j. Defendant violated these sections of the
FDcP A.
34. The FDCP A states, a debt collector may not discuss the consumers alleged debt with a
third party. The Defendant violated this section of the FDcP A.
35. The FDCP A states, a debt collector may not engage in any conduct the natural
consequence of which is to harass. oppress or abuse any person in connection with the
..
collection of a debt. 15 U .S.c. S 1692d. Defendant violated this section of the FDCP A.
36. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt, IS U .S.c. S 1692g. Defendant violated this section of the FDcP A.
37. 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.3d62 (2dcir. 1998). See also, 15 U.S.c. sI692e(5), 15 U.S.c. sI692e(10).
38. Consumers are hurt by these tactics.
39. At all time pertinent hereto, the defendant was acting by and through its agents, servants
and/or employees, who were acting within the scope and course of their employment, and
under the direct supervision and control of the defendants herein.
40. At all times pertinent hereto, the conduct of defendant as well as its 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.
41. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rise to the level needed for punitive damages.
42. Defendant, in its collection effOlis, violated the FDCP A, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
43. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
44. That, as a result of the wrongful tactics of defendant as aforementioned, plaintiff has been
subjected to anxiety, harassment. intimidation and annoyance for which compensation is
sought.
...
.
WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment
for Plaintiff and against defendant and issue an Order:
(A) 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 Plaintiff's attorney in
vindicating his rights under the FDCP 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
45. Plaintiff hereby incorporates the foregoing as if fully set fOlih herein.
46. The Fair Credit Reporting at, 15 U .S.c. S 1681 b prohibits the improper use of a
consumer's credit information.
47. Plaintiff believes and therefore avers that the defendant reported false, misleading and/or
inaccurate information on Plaintiffs credit report, without first validating the alleged
debt.
48. Plaintiff believes and therefore avers that the defendant reviewed Plaintiffs credit report
without proper authority or assignment of the alleged debt.
49. The defendant 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. sI681n(a)(l)(A).
(B) A ward 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 underthe FDCPA, permitted by 15 U.S.c. S,i1681n(3)C).
Dated:9/26/06
By: Is/De aracco
Deanna Ly n aracco, 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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Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 2 of 16
Eugene C. Kelley, Esquire P A 56252
HOEGEN, HOEGEN, KELLEY & POLISHAN, P.C.
152 South Franklin Street
Wilkes-Barre, P A 18703-0346
Phone: (570) 820-3332
Fax: (570) 820-3262
Email: ekelley@hhkattys.com
ATTORNEY FOR DEFENDANT
ELECTRONICALLY FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYL VANIA
SANFORD KREVSKY,
NOTICE OF REMOVAL
UNDER 28 U.S.C. ~1441(b)
FEDERAL QUESTION
Plaintiff,
NO: 0& - 51~~
v.
PIONEER CREDIT RECOVERY,
INC.,
JURY TRIAL DEMANDED
Defendant.
NOTICE OF REMOVAL OF ACTION
UNDER 28 U.S.C.A. SECTION 1441(b)
TO THE CLERK OF THE ABOVE ENTITLED COURT:
Please take notice that Defendant, Pioneer Credit Recovery, Inc. (hereinafter
"Pioneer") hereby moves to this Court the State Court action described below:
Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 3 of 16
1. On or about September 15,2006, an action was commenced by Writ of
Summons in the Court of Common Pleas of Cumberland County, Pennsylvania
captioned Sanford Krevsky, Plaintiff, vs. Pioneer Credit Recovery, Inc., Defendant,
and assigned case # 06-5422.
2. Plaintiff filed a Complaint on or about September 29, 2006 setting forth the
claim for relief upon which the action is based.
3. The Complaint was served upon Pioneer on or about September 29,2006.
4. This removal is timely as the Complaint, not the Writ of Summons, was the
initial pleading served upon Pioneer setting forth the claim for relief upon which the
action is based.
5. This action is a civil action of which this Honorable Court has original
jurisdiction under 28 D.S.C. ~ 1331, and is one which may be removed to this Court
by Defendant pursuant to 28 D.S.C. ~ 1441(b) in that it presents a Federal question
under 15 D.S.C. ~ 1692 et seq., the Fair Debt Collection Practices Act ("FDCPA")
and 15 D.S.C. 9 1681 et seq., the Fair Credit Reporting Act ("FCRA").
6. A true, correct and complete copy ofplaintiffs pleadings filed in this action
are attached hereto as Exhibit "A."
7. Written notice of the filing of this Notice of Removal will be given to
plaintiff as required by 28 V.S.C. g1446(b).
Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 4 of 16
8. A true, correct and complete copy of this Notice of Removal will be filed
with the Prothonotary, Cumberland County, as required by 28 D.S.C. g1446(d).
WHEREFORE, Defendant, Pioneer Credit Recovery ~ Inc.~ effects the removal
of this action from the Court of Common Pleas of Cumberland County,
Commonwealth of Pennsylvania, to the United States District Court for the Middle
District of Pennsylvania.
Respectfully submitted,
HOEGEN, HOEGEN, KELLEY & POLISHAN, P.C.
DATE: October 19,2006
/s/ Eugene C. Kelley. Esquire
Eugene C. Kelley, Esquire PA 56252
152 South Franklin Street
Wilkes-Barre, PA 18701
(570) 820-3332
(570) 820-3262
Attorney for Defendant
P:Wura\Pioneer Credit\Krevsky\Notice ofRemoval.wpd
Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 5 of 16
EXHIBIT "A"
Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 6 of 16
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Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 7 of 16
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t?6' 54/;1;;J.. ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
Sanford Krevsky.
Greenmont Drive
Enola, PAl 7025
Pioneer Credit Recovery, Inc.
26 Edward Street
Arcade. NY 14009
Plaintifff s') & Addresses
Detendant( s} & Addresses
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOT AR Y OF SAID COURT:
Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued
and forwarded to (X) Attorney ( ) Sheriff.
Deanna Lynn Saracco~ Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025
Phone 717-732.3750
SaraccoLaw@aol.com
-/do;J...A t. M..a
ignature of Attorney
Dated: 9 -I '1... a fA
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE
COMMENCED AN ACTION AGAINST YOU. ~ . I?- ~.
W;lA4
I
P thonotary
Dated: (.d,~. 1.:5'. O}(!t!)(p
Case 3:02-at-06000-UN Document 571-1 Filed'1 0/19/2006 . 'p.a'ge' a' of 1'6
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Case 3:02-at-06000-UN 'Document 577-1
Filed 10/19/2006 Page 9 of 16
't'
.
IN THE COURT OF'COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Sanford Krevsky.
Plaintiff,
Civil Action No.: 06-5422
v.
Pioneer Credit Recovery \ Inc.,
Defendant.
NOTICE: ro PLBAD
~o TBB DBPERDAN'l' NAHED BBREIN:
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 twen~ (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, OL' for any other claim or
relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TARE ':rHtS PAPER TO youa LAtltER A~ ONCE. IF YOU DO .~
RAVE A ~R. oa CANNOT AFFOBD ONE, GO ro OR HLBPBONB T8B ORtCZ
SB'l FORTH BELOW TO I'Dm OU'r WBJmE YOU CAN CD'!' LEGAL HBI.P.
Cumberland County Bar Association
32 S. bedford Street, Carlisle, P A
1-800~99o-91 08, 717-249-3166
NOTICIA
Le han demandado a usted en la corte. S1 usted quire defenders8 de
estas demandas expuetas en las paginas siquientes, u~ted tiene viente (20)
dias de plaz~ a1 partir de 1a fecha de 1a excrita 0 en persona 0 por abogado y
archivar en la corte en forma excrita BUS defensas 0 SUS objectiones alas
demande, 1a corte tomara rnedidas y puede entrar una orden contra usted sin
previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en 1a
peticion de demanda. Vsted puede perder dinero 0 SUS propiedades 0 otros
derechos importantes para usted.
LLEVE ESTA OEMANDA A UN ABOGADO IMMEOIATAMENTE. 51 NO TIENE ABOGAOOO 9r
NO TIENE EL DINERO SUfICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAM~
POR TELEFONO A LA OFICINA COYA DIRECCION SE PUEOECONSEGUIR ASISTENCIA LEGAL.
Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 10 of 16
.,
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
Sanford'Krevsky,
Plaintiff,
Civil Action No.: 06-5422
v.
Pioneer Credit Recovery ~ Inc.,
Defendant.
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania. and consumer
pursuant to 15 U.S.C. fi 1692a(3).
2. Defendant, Pioneer Credit Recovery, Inc., is a business entity(ies) engaged in the business
of collecting debts in this Commonwealth with its principal place of business located at
26 Edward Street., Arcade, NY, 14009. (Hereinafter Defendants.)
3. On or about June, July and Augus~ 2006, Defendant contacted Plaintiff by U.S. Mail
and/or telephone calls in an attempt to collect an alleged consumer debt
4. Defendant is a debt collector as defined by the state law and the FDCPA. lS U.S.C.
11692a(6).
S. Defendant sent letters andlor made telephone calls to Plaintiff in June. July and Augu&1.
2006, which are '~communications" relating to a "debt.. as defined by 15 U.S.C.
11692a(2).
6. At aU pertinent times hereto, the defendant alleged that Plaintiff owed a eonsumer debt 5
u.s.c. ~ 1692a(5). (Hereinafter the ualleged debt.")
7. Defendant communicated with plaintiff on or after one year before the date of this action.
in connection with collection efforts, by letters, telephone contact or other docum~
with regard to plaintiffs alleg~ debt.
. 'i
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. . Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 11 of 16
"
.
8. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading,
d~ve and/or confusing statements.
9. Plaintiff believes and therefore ~vers that agents of Defendant, in their telephone
communications made false, misleading, deceptive and/or confusing statements.
10. Plaintiff believes and therefore avers that agents of Defendant, in their telephone
communications, were rude. beligerent. insulting and harassing to the Plaintiff.
11. Plaintiff disputes the alleged debt and hereby requests proof of the manner in which the
aUeged debt was calculated, as is required by state and federal law.
COUNT 1- PENNSVLV ANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
12. Plaintiff hereby incorporates the foregoing as if fully stated herein.
13. Jurisdiction for this Action is asserted pursuanuo the Pennsylvania Fair Credit ExtcllSioD
Uniformity Act, 73 P .S. ~2270 et seq.
14. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU. 73 P.S. ~2270.4(a).
1 S. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices~ as defined by FCEU and the regulations, including but not limited to, violations
of31 PaCode ~~303.3(3), 303.3(14),303.3(18),303.6 and 73 P.S. ~201..2(4).
16. Defendant's acts as described herein were done with malicious. intentional, willful,
reckle~ negligent and wanton disregard for Plaintiff's rights with the purpose of
coerCing Plaintiff to pay the alleged debt.
17. 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
. Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 12 of 16
.
,
Plaintiffs behalf and against defendant for a statutory penalty, treble damagest punitive
damages. attorney fees and costs pursuant to 73 P.S. 2207.5.
COUNT II - PENNSYLVANIA UNFAIR TRADE PRACflCES AND CONSUMER
PROTECTION LAW
18. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
19. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. ~201-1 et seq.
20. That defendant engaged in Wlfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
21. 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 behalfand against defendant for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to 73 P.St ~201-902.
COUNT m - FAIR DEBT COl.' ,F.CTION PRACTICES ACI'
22. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
23. Jurisdiction for this action is asserted pursuant to the Fair Debt Collecfion Practices Act,
15 U.S.C. ~1692, et seq. (UFDCPA"'), particularly 15 U.S.C. ~1692k(d) and 28 U.S.C.
~ 1337.
24. Venue lies in this District pursuant to 28 U.S.C. 1391(b).
. ..,.. ,'n 25. The FDCP A states. that a violation of state law is a violation of the FDCP A. 15 V.S.C.
fi 1692n.
26. Plaintiff believes and therefore avers that defendant does do not have proper assignment
of the claim, and is therefore, unable to collect the alleged debt pursuant to18 PaC.S.
. . Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006' Page 13 of 16
.
.
~7311(a)(l) and (2).
27. Plaintiff believes and therefore avers that defendant does not have proper assigmnents
and/or documentation permitting said defendants to charge int~ fees and/or costS. 18
Pa.C.S. ~73t 12(b)(1).
28. The FDCP A states that a violation of state law is a violation of the FDCP A. IS U .S.C.
~1692n. Defendants violated this section of the FDCP A.
29. Plaintiff believes and therefore avers that defendant added interest. fees and costs in
violation of state and federal law.
30. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCPAt IS U.S.C. ~1692f(1) and 1692e(2)Aand B.
31. There was never an express agreement by Plaintiff to pay any additional fees, cost OT
interest to Defendant or any of its agents.
32. The FDCP A states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. IS U.S.C. ~ 1 692f. Defendant violated this section
of the FDCP A.
33. 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.
iI692e(5) and (10), ~1692ft8) and ~1692j. Defendant violated these sections of the
FDCP A.
34. The FOCP A states. a debt collector may not discuss the consumers alleged debt with a
third party. The Defendant violated this section of the FDCPA.
35. The FDCP A states, a debt collector may not engage in any conduct the natural
co~uence of which is to harass. oppress or abuse any person in connection with the
Case 3:02:at-06000-UN Docume'nt 577-1 Filed 10/19/2006 Page 14 of 16
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collection ofadebt. 15 U.S.C. ~1692d. Defendant violated this section of tile FDCPA.
'36. The FDCP A provides certain rights to the consumer regard~ng ber right to dispute the
alleged debt, 15 U.S.C. ~t692g. Defendant violated this section of the FDCPA.
37. Any threat oflitigation is false iftbe defendant rarely, sues consumer debtors or if the
defendant did not intend to sue the Plaintiff. Bentlv v. Great Lakes Collection Bure~ 6
F.3d 62 (2d eir. 1998). See also, 15 V.S.C. fiI692e{S), 15 U.S.C. ~1692e(10).
38. Consumers are hurt by these tactics.
39. At all time pertinent hereto, the defendant was acting by and through its agents, servants
and/or employees, who were acting within the scope and course of their' employment, and
under the direct supervision and control of the defendants herein.
40. At aU times pertinent hereto, the conduct of defendant as well as its 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.
41. The above mentioned acts with supporting cases demonstrates that the conduct of
dofendants rise to the level needed for punitive damages.
42. Defendant, in its collection efforts, violated the FDCP A, inter alia.. Sections 1692, b, c, d.
es (g, ~ and/or n.
43. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
44. That, as a result oCthe wrongful tactics of defendant as aforementioned. plaintitfhas been
subjected to anxiety.. harassment- intimidation and annoyance for which compensation is
sought.
Case 3:02-at-06000':UN Document 577-1 Filed 10/19/2006 Page 15 of 16
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WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment
for Plaintiff and against defendant ~d issue an Order:
(A) Award Plah1tiffstatutory damages in the amount of One Thousand Dollars
($1,000.00) for each violation of the FDCPA or each separate and discrete
incident in which defendants have violated the FDCP A.
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment.
and intimidation directed at Plaintiff in an amount not less than Ten Thousand
Dollars ($ 1 0,000.00), as well as the repetitive nature of defendants form Letters.
C) A ward 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
vindicating his rights under the FDCPA,. pennitted by 15 V.S.C. ~] 692k(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 CRItDIT REPORTING ACT
45. Plaintitfhereby incorporates the foregoing as if fully set forth herein.
46. The Fair Credit Reporting at, t 5 U.S.C. ~ 1681 b prohibits the improper use of a
consumer's credit information.
47. Plaintiff believes and therefore avers that the defendant reported false, misleading and/()r
inaccurate infonnation on Plaintiffs credit report. without first validating the alleged
debt.
48. PlaintiffbeUevcs and the~fore avers that the defendant reviewed Plaintiff's oredit report
without proper authority or assignment ofthe alleged debt.
49. The defendapt violated the Fair Credit Reporting Act.
'. Case 3:02-at-06000-UN Document 577-1 Filed 10/19/2006 Page 16 of 16.
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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) A ward 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 fonn letters.
C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee ata
rate of S350.001hour f.or hours reasonably expended Plaintiffs attorney in
vindicating his rights under the FDCP A, permitted by 15 U .S.C. ~ 1681 n(3 )C).
Dated:9126/06
By: IslDe
Deanna Ly aracco, Attorney for Plaintiff
76 Greenmont Drive~ Eoola, P A 17025
Telephone 717-732..3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
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