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Home My WebLink About06-5423 . tJ&. 5l/d-.3 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Heather Kauffman, Grandview Drive Enola, PAl 7025 John Lee Jackson, Esquire, and Universal fidelity LP 1445 Langham Creek Drive Houston, TX 70084 PlaintitI( 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 1J1~AU~~ f Slgnature of Attorney Dated: q -11- 0 & 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. G-' ()./, 1~ I( wy) P on~tary Dated: ~;t.).5 ;;It!X7(P By: ~~ ~ \:. '- & (; .~ ~ 9J ~ ~ ~~. . ~ . '8l '\~.' ~ \ ~'\. ~ ~, ~~~ 1 ~ .. -,--- ~: f"'c.> :< ~ - " )' Heather Kauffman, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No.: 06-5423 v. John Lee Jackson, Esquire, and Universal Fidelity LP, 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 10 han demandado us 1~. re det rse ae estas demanda expuet s en L ::c pa i ila SlQUl li'=;nF~ vient (20) dias de azo al partir de la techa de la excrita 0 en persona 0 por y archivar en la corte en forma excrita sus defensas 0 sus objectiones alas demande, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted r dinera sus edades 0 ros derechos importantes para usted. LLEVE ESTA DEMANDA NC) TTENE 2L DINERU POR TELEFONO A OFIC~NA ENE !\BUc;f\~)OO :~T EN PERSONA LLAME ASISTENCT LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Heather Kauffman, Plaintiff Civil Action No.: 06-5423 v. John Lee Jackson, Esquire, and Universal Fidelity LP, Defendants. COMPLAINT I. Plaintitl is an individual. residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.c. sI692a(3). 2. Defendant John Lee Jackson, Esquire, and Universal Fidelity LP, (hereinafter Defendants), is/are business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 1445 Langham Creek Drive, Houston, TX 70084 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. Defendants are debt collectors as defined by the state law and the FDCPA. 15 U.s.C. 1 1 692a(6). 5. Detendants sent letters and/or made telephone calls to Plaintitf in June, ./uly and August, 2006, which are "communications" relating to a "debt" as defined by 15 LJ.S.c. I I 692a(2). 6. At all pertinent times hereto, the detendants alleged that Plaintiff owed a consumer debt. 5 U.S.c. S 1692a(5). (Hereinafter the "'alleged debt:') 7. Defendants communicated with plaintitf 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 Defendants' letters contained false, misleading, deceptive and/or confusing statements. 9. Plaintiff believes and therefore avers that agents of Defendants, in their telephone communications made false, misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of Defendants. 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 t()regoing as iffully stated herein. 13. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act. 73 P.S. 92270 et seq. 14. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FeEU, 73 P.S. 92270.4(a). 15. 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). 16. Defendants' acts as described herein were done with malicious. intentional. willful. reckless, negligent and wanton disregard f(.)r Plaintiffs 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 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 11- 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 La\v, 73 P.S. ~:20 I-I el seq. 20. That defendants 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 PlaintifTs behalf and against defendants for a statutory penalty. treble damages. punitive damages, attorney fees and costs pursuant to 73 P.S. ~20 1-902, COllNT 111- 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. 91692, 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 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). 27. 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)(l). 28. The FOCP A states that a violation of state law is a violation of the FOCP A. 15 U .S.c. S 1692n. Defendants violated this section of the FOCP A. 29. Plaintiff believes and therefore avers that defendants added interest, fees and costs in violation of state and federal law. 30. Defendants in its collection efforts, demanded interest. fees and/or costs in violation of the FDCP A, 15 U.S.c. S I 692f( 1) and 1692e(2)A and B. 31. There was never an express agreement by Plaintiff to pay any additional fees. cost or interest to Defendants or any of its agents. "') j-. The FDCP A states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U .S.c. S 1692f. Defendants violated this section of the FOCP A. 33. 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. IS U.S.c. ~ l692e(5) and (I 0), ~ I 692t(8) and ~ 1692j. Defendants violated these sections of the FOCPA. 34. 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 FOCP 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. ~ 1 692d. Defendants 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, 15 U .S.c. ~ 1692g. Defendants 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 Bently 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). 38. Defendant John Lee Jackson is an attorney not licensed to practice law in Pennsylvania. 39. Plaintiff believes and therefore avers that Defendant Mr. Jackson uses his position and title as attorney in order to add heightened urgency and intimidation to its collection practices. 40. Defendant Jackson uses his attorney status to make false, misleading and/or deceptive representation and/or implications that it has authority to take legal action in Pennsylvania. 41. Defendant Jackson failed to make clear to the Plaintiff that he has no authority to take legal action in Pennsylvania. 42. Defendant Universal Fidelity intentionally hired Mr. Jackson in order to add heightened urgency and intimidation to its collection practices. 43. At all times pertinent hereto, common law Respondent Superior applies to the relationship between Defendant Mr. Jackson and Universal Fidelity. as purchaser of debts in default and/or debt collectors. 44. Consumers are hurt by these tactics. 45. 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. 46. 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 Plainti fT herein. 47. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rise to the level needed for punitive damages. 48. Defendants, in its collection efforts, violated the FDCP A. inler alia, Sections 1692, b, c, d, e. f, g, h, and/or n. 49. Defendants, in its collection efforts. used false or deceptive acts and intended to oppress and harass plaintiff. 50. That, as a result of the wrongful tactics of defendants as af()rementioned. 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 \vhich defendants have violated the FDCP A. (8) 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 FDCPA, permitted by 15 U.S.c. ~1692k(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 51. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 52. The Fair Credit Reporting at, 15 U.s.c. ~ 1681 b prohibits the improper use of a consumer's credit information. 53. 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. 54. Plaintiff believes and therefore avers that the defendants reviewed PlaintifTs credit report without proper authority or assignment of the alleged debt. 55. 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. ~ 1681 n(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 ($1 O,OOO'()O), as well as the repetiti ve nature of defendants form letters. . . I .. 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. ~ 1681 n(3)C). Dated:9/26/06 By: Is/De 1 ar ceo Deanna L nn Saracco. Attorney for Plaintiff 76 Greenmont Drive. Enola. P A 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com ~" .,....., ~";,::::t -""..) c.:'"' CJ -II - C) ,-<) . :.:::\ "';7 '~lJ : :.:. - ~.~L ...- CHRISTOPHER J. CONRAD, ESQUIRE J.D. No. 202348 SHARON M. O'DONNELL, ESQUIRE J.D. No. 79457 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3531 Attorney for Defendants John Lee Jackson & Universal Fidelity LP Heather Kauffman, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No: 06-5423 Civil John Lee Jackson, Esquire, and Universal Fidelity LP, CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marshall, Dennehey, Wamer, Coleman & Goggin, and Sharon M. O'Donnell, Esquire, on behalf of Defendants, John Lee Jackson, Esquire and Universal Fidelity LP, in connection with the above-captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ARON M. O'DONNELL, ESQUIRE A orney for Defendant, J hn Lee Jackson, Esquire, and niversal Fidelity LP Date: It) 111.,0 (0 to 2 \05_ A \LIAB\CJCONRAD\LLPG\234867\DBZIMMERMAN\14180\50000 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been served upon the following known counsel of record this ~ .tt- day of October, 2006, by: 1 First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Delivery Overnight Mail Fax Transmission Electronic Mail at the following address(es) and/or number(s): Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 Attorney for Plaintiff MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN By: ON M. O'DONNELL, ESQUIRE orney for Defendant(s), ohn Lee Jackson, Esquire, and niversal Fidelity LP 3 \05_ A \LIAB\CJCONRAD\LLPG\234867\DBZIMMERMAN\14180\50000 g <...... -0$ .-nrr' z~r} (h'). -< '<. 2-;c 0:;... ( " ~c ----7 ~'-' =2 ......., c::> c:::> CT" C) ("') -t o .." ~:!l -om :JJY qc> -.::J""T! ;.,- ,'1 6~ -..I ~ (Xl -0 :x W C.ll IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Heather Kauffman, Plaintiff, Civil Action No.: 06-5423 v. John Lee Jackson, Esquire, and Universal Fidelity LP, Defendants. PRAECIPE TO WITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter, with prejudice as the parties have amicably settled their dispute. This case should be discontinued and you may mark this case CLOSED. Dated: 11- I () /0 ~ Certificate of Service: I hereby certify that I served, via electronic mail and U.S. Mail, a copy ofthe forgoing, on the defendant as follows: Christopher J. Conrad MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Dated: (f - (0 -0<; LJ/A 'Deanna Lynn Saracco o c: Z:~. \-. ~--" 1"...) = c.:::::> 0" ~ --\ -r".,.., flip )'ri -Ol"'"""i -;:3y ~S~ ~~) ~- -n ':2("; ~;:)ln ".'-l ~ ~ -~ ~ Cf\ " 3 (.,) ., N -.l