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HomeMy WebLinkAbout06-5708 O~ - S'7CJF CiCJiL l~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Laura Russell, 629 Bosler A venue Lemoyne, PAl 7043 Vengroff Williams & Associates, Inc. 777 Larkfield Road, Suite 1 16 Commack, NY 11725 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 ~1'~ Signature of Attorney Dated: q 'J1o ( 0 t.o WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Dated:~l.,. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLA COMMENCED AN ACTION AGAINST YOU. By: Deputy l. "Q.. ~ V) Vl . vt ~ 0 - - ~ r ~ - 0 =B ... .... ---.:r:- ~.. , · ' 'J' ...~ \.'. \'" '''. . . "':,:,.a ".' - ~ / \:).;)...~ ",,:--~tJ. ,:1, ( t. . ~..., ~ '\ o c 2t1P ~~,~: ~ ~ = c~ Cf' (/'J rr'; ""'0 I" CO .''J :':n ~ ;ti :0 \ i=~~ "'~l! ('1 ~..(}::::) :.~1 {::.~ ~'.~g i3nl ~ ~ -0 ~> 'I? w ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Laura Russell. PlaintifT. v. Civil Action No.: 06-5708 Vengroff, Williams & Associates, 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 fur~her 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, PA 1-800-990-9108, 717-249-3166 NOTICIA (; r i !::! cj,_, estas demandas ,'OL Ia pac)l ,C;J dias de plazo a1 partir de 1 fecta de ~a archivar en 1a corte en forma excrita sus demande, 1a corte tomara medidas y o avisc 0 notificacian y par cual peticion de demanda. Osted perder derechos importantes para usted. .s , Led t -i tH~ 'v~ e r1 t_ excrita 0 en persona 0 por defensbs 0 sus ectiorles a entrar una orden contra listed or que] 0 alivia que os dlnero c s~s edaejes y IdS sin en 1a LLE E::3T ;)F:I"lMJ U ] L)~ S1 NO TlENE EL DINERO S~FI IENTE DE PAGAR TAL LLAME POR TELEFONO A LA INA VA DT 10~ LEGAL. ',' l L:N!~, fc,BUC!\DUU 7AYP. EN PERSON}", U F P:;E"f/:UNS [R P,S T STFNCIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Laura Russell, Plaintitl: v. Civil Action No.: 06-5708 VengratT, Williams & Associates, 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 is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 777 Larktield Road, Suite 116. Commack. NY 11725. 3. On or about August Defendant contacted PlaintitTby U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 4. Detendant is a debt collectors as detined by the state law and the FDCPA. 15 U.S.C. 11692a(6). 5. Defendant sent letters and/or made telephone calls to Plaintiff in August 2006 and September, 2006, which are "communications" relating to a "'debt"' as defined by 15 U.S.C. 1 1692a(2). 6. At all pertinent times hereto. the defendant was collecting an alleged debt relating to a consumer transaction. pursuant to 15 LJ.s.c. ~ 1692a( 5). (Hereinafter the "alleged debt. ") 7. Defendant communicated with plaintitT 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. PlaintifTbelieves and therefore avers that Defendant's letters contained false. misleading. deceptive and/or confusing statements. 9. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications, were rude, beligerent insulting and harassing to the Plaintiff. 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. 12. Detendant's letterhead resembles that ofa law firm, that is not licensed to practice law in Pennsylvania. 13. Plaintiff believes and therefore avers that Defendant created its letterhead in order to make the appearance that an attorney was involved in the collection process, thus adding heightened urgency and intimidation to its collection practices. 14. Defendant made false, misleading and/or deceptive representation and/or implications that it has authority to take legal action in Pennsylvania. 15. Detendant failed to make clear to the PlaintitT that it has no authority to take legal action in Pennsylvania. 16. Consumers are hurt by these tactics. COUNT 1- PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 17. Plaintiff hereby incorporates the foregoing as if fully stated herein. 18. Jurisdiction tor this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Unitormity Act, 73 P.S. ~2270 et seq. 19. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. 92270.4(a). 20. 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 ~~303.3(3). 303.3(14). 303.3(18). 303.6 and 73 P.S. ~201-2(4). 21. Defendant's acts as described herein were done with malicious. intentionaL willful, reckless, negligent and wanton disregard for Plaintiffs rights with the purpose of coercing Plainti ff to pay the alleged debt. 22, As a result of the above violations, PlaintifT is entitled to statutory, actual, treble and punitive damages and attorney's tees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintitrs behalf and against detendant for a statutory penalty. treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. COUNT 1I - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW "" ....-' . Plaintiff hereby incorporates the forgoing as if fully set forth herein. 24. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 73 P.S. 9201-1 et seq. 25. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 26. As a result of the above violations. Plaintitf is entitled to statutory. actuaL treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintitl requests that this Honorable Court issue judgment on Plaintitrs behalf and against detendant tor 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 27. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 28. 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. 29. Venue lies in this District pursuant to 28 U.S.c. 1391(b). 30. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. S 1692n. 31. Plaintiff believes and therefore avers that defendant does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa.C.S. s73l1(a)(I) and (2). "'l') -'..:.. . 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. S 73112(b)(1). 33. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. ~ 1692n. Defendant violated this section of the FDCP A. 34. Plaintiff believes and theret'lJre avers that defendant added interest fees and costs in violation of state and federal law. 35. Defendant in its collection eft()l'ts. demanded interest fees and/or costs in violation of the FDCPA, 15 U.S.C. SI692f~l) and 1692e(2)A and B. 36. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 37. 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. S1692f. Defendant violated this section of the FDCP A. 38. 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 (I 0), ~ 1692f~8) and ~ 1692j. Defendant violated these sections of the FDCP A. 39. 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. 40. 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. ~ 1692d. Defendant violated this section of the FDCP A. 41. The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt. 15 U.S.c. ~1692g. Defendant violated this section of the FDCPA. 42. Any threat oflitigation is false if the defendant rarely. sues consumer debtors or if the defendant did not intend to sue the Plaintitf. 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. ~1692e(l0). 43. Courts have held that the threat of litigation is present simply because the letter comes from an attorney; the letter need not explicitly threaten suit. Crossley v. Lieberman, 868 F.2d 566 (3d Cif. 1989). United States v. Central Adjustment Bureau. 667 F. Supp. 370, 397 (N.D. Tex. 1986). 44. An attorney's interstate collection contacts must avoid misrepresenting the attorney's authority to sue where he or she is not admitted to practice. Crossley v. Lieberman, 868 F 2d 566 (3d Cir. 1989). 45. Defendant's contacts would easily confuse the least sophisticated consumer and cause the consumer to falsely believe that he/she could be sued in an out-of-state court. Rosa v. Gaynor, 704 F. Supp. I (D. Conn. 1989). 46. 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. 47. At all times pertinent hereto, the conduct of defendant as well as their agents, servants, and/or employees. was malicious. intentional. willfuL reckless. negligent and in wanton disregard for federal and state law and the rights of the Plaintifl herein. 48. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 49. Defendant, in its collection etlorts. violated the FDCP A, inter alia. Sections 1692, b, c, d, e, f, g, h. and/or n. 50. Defendant. 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 af()rementioned, plaintifl has been subjected to anxiety, harassment. intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintifr respectfully requests that his Honorable Court enter judgment for Plaintiff and against detendant and issue an Order: (A) Award Plaintiflstatutory damages in the amount ofGne Thousand Dollars ($1.000.00) for each violation of the FDCPA or each separate and discrete incident in which detendants 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 Plaintiffs attorney in vindicating his rights under the FDCPA. permitted by 15 U.S.e. S1692k(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.e. S 1681 b prohibits the improper use of a consumer's credit information. 54. 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. 55. Plaintiff believes and therefore avers that the defendant reviewed Plaintiffs credit report without proper authority or assignment of the alleged debt. WHEREFORE, Plaintitl respectfully requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order: (A) Award Plaintitl statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FCRA or each separate and discrete incident in which defendants have violated the FCRA. 15 U .S.c. S 1681 n(a)(l )(A). (8) Award Plaintiff general damages and punitive damages f()\' 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 $350.00/hour for hours reasonably expended Plaintiffs attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. sI681n(3)C), WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintiffs behalf and against defendant for a statutory penalty. treble damages, punitive Dated: 10/4/06 damages, attorney fees and costs pursuant to 73 P.S. S20 By: Isl ea n 'ace 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 (") r--:> ~'': C~_;"} () (~ c:.:~~ ., '--.. I " (I ::;:i ( J _.L_ 11 ....-l III P I -;-: IT: .-, 0"\ ' , ,) -'-1 ,,:. r;} Co) :';::; CO -< ..... F \FILES\DA T AFILE\General\Current\ I 221 0, I, pralltde Created: 9/20/04 0:06PM Revised: 10/12/06 2:05PM George B. Faller, Jr., Esquire Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 49813 and 90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant LAURA RUSSELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-5708 CIVIL ACTION - LAW VENGROFF WILLIAMS & ASSOCIATES,: INe., Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of the Defendant in the above matter. By orge B. Faller, Jr., Esquire Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 12, 2006 Attorneys for Defendant f, CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 MARTSON DEARDORFF WILLIAMS & OTTO By Tricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: October 12,2006 n ;~ i-', r-..> c:.:> ':~: ',,) 0..... o -r1 :::1 C) ('J u:: c:;) ,~," .D C:;) -< 0; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Laura Russell, Plaintiff, v. Civil Action No.: 06-5708 Vengroff, Williams & Associates, 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 paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita 0 en persona 0 por abogado 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 previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. S1 NO T1ENE ABOGADOO 81 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10N, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Laura Russell, Plaintiff, v. Civil Action No.: 06-5708 Vengroff, Williams & Associates, Inc., Defendant. AMENDED COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 V.S.C. ~1692a(3). 2. Defendant is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 777 Larkfield Road, Suite 116, Commack, NY 11725. 3. On or about September 2006, Defendant contacted Plaintiff by V.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 4. Defendant is a debt collectors as defined by the state law and the FDCPA. 15 V.S.C. 11692a(6). 5. Defendant sent letters and/or made telephone calls to Plaintiff in September, 2006, which are "communications" relating to a "debt" as defined by 15 V.S.C. 11692a(2). 6. At all pertinent times hereto, the defendant was collecting an alleged debt relating to a consumer transaction, pursuant to 15 V.S.C. ~ 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. On or about September 14, 2006, Agents of Defendant contacted Plaintiff by telephone. 9. During the initial telephone call, an agent of Defendant, Elizabeth informed Plaintiff that she owed $5,114.67, on the alleged debt, but that she could settle the alleged debt for $2,600.00. 10. Plaintiff informed the agent that she lost her job due to her pregnancy, and while she did not believe she owed the alleged debt, she could not make payments at this time. 11. The agent informed Plaintiff that her husband was responsible for the alleged debt and he should pay it now. 12. The agent told Plaintiff that they would be able to "attach" Plaintiffs unemployment checks, 13. At all times during the telephone call, Plaintiff believed that the defendant was a law firm. 14. At no time during the telephone call, which was the initial communication, did the agent give Plaintiff the notices as required by the FDCP A. 15. During the call, Plaintiff objected to the alleged debt, stating that the amount was incorrect and requested a copy of the statement showing the amount owed. 16. Plaintiff did not receive the FDCP A validation notice in the telephone call. 17. On or about September 15,2006, Plaintiff received two calls, 6: 13 p.m. and 8:50 p.m., at which time, Elizabeth, the agent, informed Plaintiff that she would be sending a statement to the Plaintiff. 18. On or about September 15, 2006, Defendant caused to be sent to the Plaintiff, a letter that stated Plaintiff owed $5,114.67, but no statement. 19. On or about September 25, 2006, the agent of defendant Elizabeth called Plaintiff. 20. Plaintiff inquired as to why the telephone number appeared as restricted on the caller identification. 21. The agent, in a rude and beligerent manner, told Plaintiff that it did not matter and went on to belittle, insult and berate the Plaintiff. 22. Further calls were made by agents of the defendant as follows: One call on September 18 and 19, three calls on September 21,2006, three calls on September 22, 2006, one cal on September 23, 2006, four calls on September 25, 2006, two calls on September 26,2006. 23. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading, deceptive and/or confusing statements. 24. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading, deceptive and/or confusing statements. 25. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications, were rude, beligerent, insulting and harassing to the Plaintiff. 26. Plaintiff disputes the alleged debt and hereby requests proof ofthe manner in which the alleged debt was calculated, as is required by state and federal law. 27. Defendant's letterhead resembles that of a law firm, that is not licensed to practice law in Pennsylvania. 28. Plaintiff believed that Vengroff, Williams & Associates was a law firm when she received its letter and when she talked to Elizabeth, the agent, on the telephone. 29. Plaintiff believes and therefore avers that Defendant created its letterhead in order to make the appearance that an attorney was involved in the collection process, thus adding heightened urgency and intimidation to its collection practices. 30. Defendant made false, misleading and/or deceptive representation and/or implications that it has authority to take legal action in Pennsylvania. 31. Defendant failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania. 32. Consumers are hurt by these tactics. COUNT I - PENNSYL VANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 33. Plaintiff hereby incorporates the foregoing as if fully stated herein. 34. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S, ~2270 et seq. 35. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. ~2270.4(a). 36. 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 ~~303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P,S, ~201-2(4), 37. 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. 38. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. COUNT II - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 39. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 40. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. ~201-1 et seq. 41. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 42. 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. ~201-902. COUNT III - FAIR DEBT COLLECTION PRACTICES ACT 43, Plaintiff hereby incorporates the foregoing as if fully set forth herein. 44. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 V.S.C. ~1692, et seq. ("FDCPA"), particularly 15 V.S.C. ~1692k(d) and 28 V.S.c. ~1337. 45. Venue lies in this District pursuant to 28 V.S.C. 1391(b). 46. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 V.S.c. ~ 1692n. 47, Plaintiff believes and therefore avers that defendant does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa,C.S. ~7311(a)(1) and (2). 48. 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. ~73112(b)(I). 49. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 V.S.C. ~ 1692n. Defendant violated this section of the FDCP A. 50, Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law. 51, Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 V.S.C. ~1692f(l) and 1692e(2)A and B. 52. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 53. Plaintiff believes and therefore avers that the defendant overshadowed the FDCPA. 54. Plaintiff believes and therefore avers that the agents of the defendant, made false statements to the Plaintiff as follows: a. That defendant could attach Plaintiff s unemployment wages. b. That Plaintiffs husband was responsible for the alleged debt. c. That defendant could and would provide a statement of the account to the Plaintiff. d. That defendant failed to make clear to the Plaintiff that the defendant was not a law firm. 55. 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. ~ 1692f. Defendant violated this section of the FDCP A. 56, 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 V.S,C. ~ 1692e( 5) and (1 0), ~ 1692f(8) and ~ 1692j. Defendant violated these sections of the FDCP A. 57. 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 FDCPA. 58. The FDCPA 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 ofa debt. 15 U.S.CO ~1692d. Defendant violated this section of the FDCPA. 59. The FDCPA provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. ~1692g. Defendant violated this section of the FDCPA. 60. Any threat oflitigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Bently v. Great Lakes Collection Bureau, 6 F,3d 62 (2d Cir. 1998), See also, 15 U.S.CO ~1692e(5), 15 U.S.C. ~1692e(10). 61. Courts have held that the threat of litigation is present simply because the letter comes from an attorney; the letter need not explicitly threaten suit. Crossley v. Lieberman, 868 F.2d 566 (3d Cir. 1989). United States v. Central Adiustment Bureau, 667 F. Supp. 370, 397 (N.D. Tex. 1986). 62. An attorney's interstate collection contacts must avoid misrepresenting the attorney's authority to sue where he or she is not admitted to practice. Crossley v. Lieberman, 868 F 2d 566 (3d Cir. 1989), 63. Defendant's contacts would easily confuse the least sophisticated consumer and cause the consumer to falsely believe that he/she could be sued in an out-of-state court. Rosa v, Gaynor, 704 F. Supp. 1 (D. Conn. 1989). 64. 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. 65. At all times pertinent hereto, the conduct of defendant as well as their agents, servants, and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton disregard for federal and state law and the rights of the Plaintiff herein. 66. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 67. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 68. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 69. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order: (A) Award Plaintiff statutory 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 ($10,000.00), 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 $350.00/hour for hours reasonably expended Plaintiffs attorney in vindicating his rights under the FDCPA, permitted by 15 V.S.C. ~1692k(a)(3). (D) 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 70. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 71. The Fair Credit Reporting at, 15 D.S.C. S1681 b prohibits the improper use of a consumer's credit information. 72. Plaintiff believes and therefore avers that the defendant reported false, misleading and/or inaccurate information on Plaintiff s credit report, without first validating the alleged debt. 73. Plaintiff believes and therefore avers that the defendant reviewed Plaintiff s credit report without proper authority or assignment of the alleged debt. 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 D.S.C. sI681n(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 Plaintiffs attorney in vindicating his rights under the FDCPA, permitted by 15 D.S.C. sI681n(3)C), 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. ~201-902. COUNT V - CLASS ACTION 74. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 75. Pennsylvania Rules of Civil Procedure No" 1701, permits a class action if certain criteria are met. 76. The FDCPA also permits class action, 15 US.C. ~1692k(a)(2)(B). 77. The Plaintiff filed suit against defendants for violations of the FDCP A, in pertinent part: a. Defendant did not have legal authority to collect the alleged debt within this Commonwealth because it does not have the proper written documentation in accordance with Pennsylvania law. b. Defendant routinely make the initial communication via telephone, with numerous threats of lawsuits, without affording the consumer the opportunity to dispute the alleged debt, in accordance with the FDCP A. c. Defendant charged interest, fees and costs in violation of state and federal law. d. Defendant created letterhead in order to infer that it was a law firm, in order to use the position as "attorney" to add heightened urgency and intimidation to its collection practices. e. Defendant uses its letterhead to make false, misleading and/or deceptive representation and/or implications that it has authority to take legal action in Pennsylvania. f. Defendant failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania. 78. This action seeks a declaration that the common and routine business practice of the Defendants to collect against consumers in violation of state and federal law. 79. This action seeks a declaration that the common and routine business practice of the Defendants is to make the initial communication via telephone, with numerous threats of lawsuits, without affording the consumer the opportunity to dispute the alleged debt, in accordance with the FDCP A. 80. This action seeks a declaration that the common and routine business practice of the Defendants to charge interest, fees and costs in violation of state and federal law. 81, This action seeks a declaration that the common and routine business practice of the Defendant to use letterhead that appears to be from an attorney in order to add heightened urgency and intimidation to its collection practices. 82. This action seeks a declaration that the common and routine business practice of the Defendants to infer that it is a law firm to make false, misleading and/or deceptive representation and/or implications that it has authority to take legal action in Pennsylvania. 83. This action seeks a declaration that the common and routine business practice of the Defendants to refuse to make clear to the consumers that it has no authority to take legal action in Pennsylvania. 84. This action seeks a declaration that the common and routine business practice of the Defendants to be misleading, confusing and/or deceptive to the least sophisticated consumer and therefore, violated the FDCP A. 85. This action seeks a declaration that Defendants' collection practices violated the FDCPA 86. The Class consists of all persons in the Commonwealth of Pennsylvania who received similar debt collection contacts by the Defendants, 87. Plaintiffs claims are typical of the claims of the Class. 88. It is unknown how many contacts were made by the Defendants, as such, Plaintiff believes and therefore avers that the number exceeds 100 persons. 89. Common relief is therefore sought on behalf of all members of the Class. 90. This Class Action is superior to other available methods for the fair and efficient adjudication of this controversy. 91. The prosecution of separate action by individual members of the class would create a risk of inconsistent or varying adjudications with respect to the individual members of the Class, and a risk that any adjudications with respect to the interests of the other members of the Class would, as a practical matter, either be dispositive ofthe interests of other members of the Class not party to the adjudication or substantially impair or impede their ability to protect their interests. Defendants acted in a manner applicable to the Class as a whole that warrants declaratory relief. 92. The Plaintiff will fairly and adequate protect and represent the interests of the Class. The management of the Class action proposed is not extraordinarily difficult and the factual and legal issues raised will not require extended contact with the members of the Class because the conduct of Defendants was perpetrated on all members of the Class and will be established by common proof. Plaintiffs counsel, participated as an attorney in class actions brought pursuant to the FDCP A as well as has been litigating FDCP A cases in county and federal court for 10 years. 93. Given the nature of Defendants' collection practices, it is likely that other consumers in Pennsylvania have been harmed by these practices. 94. The law firm of Krevsky & Rosen, located at 1101 North Front Street, Harrisburg, Pennsylvania, have agreed to enter its appearance as co-counsel to ensure that Plaintiff's counsel will have adequate resources to represent the class. 95. This action could be handled as a no-notice class, and is superior to the alternative, hundreds of Pennsylvania residents filing separate FDCP A actions. 96. Plaintiff respectfully requests that this Honorable Court consider the frequency and persistence of Defendants' non-compliance, the nature of Defendants' non-compliance, and the obvious intentional nature of the Defendants' by failing to verify whether the collection amount is valid, as required by Pennsylvania law, failure to secure the proper authorizations as required by Pennsylvania law and in general, attempting to deceive Pennsylvania consumers. 97. Plaintiff respectfully requests that this Honorable Court certify the class and award such amount for each named Plaintiff, $1,000.00, plus such amount as this Honorable Court may allow for all other class members, without regard to a minimum of $500,000.00 or one percent of the net wroth of the debt collector, and attorney fees of$350.00 per hour, and costs as reasonably determined by this Honorable Court. WHEREFORE, Plaintiff respectfully requests that this Honorable Court a. Certify the class, b. Appoint Plaintiff to represent the members of the class, c. Appoint Deanna Lynn Saracco and the law firm of Krevsky & Rosen as counsel for the class, d. Declare that Defendants' practices of adding unlawful collection fees violated Pennsylvania law and the FDCP A. e. Enter judgement in favor of Plaintiff and the Class and against Defendants, for statutory damages, costs and reasonable attorney fees in the amount of $350.00 per hour, f. Grant such further relief as this H orable Court deems just and proper. Dated: 10/17/06 By:/s/D Attorne for laintiff 76 Greenmont Drive Enola, P A 17025 717-732-3750 Fax 717-728-9498 Saraccolaw@aol.com Certificate of Service: I hereby certify that a true and correct copy was served on attorney for defendant via U.S. First Class Mail, to: George B. Faller, Jr. MDW&O 10 East High Street Carlisle, PA 17013 BY:lsID~CCO Dated: 10/17/06 . VengroffWilliams & Associates, Inc. 777 Larkfield Road Ste.116 Commack, N.Y. 11725 1-800-860-4892 ext. 2202 (631) 614-3600Fax Email: elizabethd@vwainc.c()m September 15, 2006 Laura Russell 629 Bosler Ave_ Lemoyne PA 17043 Control # 9984313 Balance $5114.67 Dear Ms Russell; This letter will serve to confirm our recent conversation with regards to the above reference account. Vengroff, Williams & Associates is hereby authorized to accept $4091.73 as full and finell settlement on the above account. Payment of $4091.73 needs to be in my office by September 25th 2006. All payments need to come to the address noted above and checks made payable to Americredit _ All payments need to clear the bank on its first presentation or this settlement will be considered null & void. This will release you from any other responsibility to Americredit & Vengroff, Williams & Associates on the above referenced account. To assure timely delivery I am including my DHL account number (786138443) phone number 1-888-889-4440 you may also contact my office to do a check over the phone. Sincerely, o ('I _. .. .c---:---... ~~~~.. Elizabeth Davin Vengroff Williams & Associates, Inc. c) C ~~. (:1 -n Cl ( ---".'1 C', ( .J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Laura Russell, Plaintiff, v. Civil Action No.: 06-5708 Vengroff, Williams & Associates, Inc., Defendant. PRAECIPE TO WITHDRAW and DISCONTINUE WITHOUT PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter, without prejudice, and/or discontinue without prejudice, pursuant to Rule 229, as the Plaintiff desires to re-file her case in federal court. This case should be discontinued. Dated: 10/30/06 Respectfully submitted, ;Obi Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive Enola, P A 17025 717-732-3750 Certificate of Service: I hereby certify that I served, via hand delivery, a copy of the forgoing, on the defendant as follows: Mr. George B. Faller, Jr. MDW&O 10 East High Street Carlisle, P A 17013 Dated: 10/30/06 iJJA Deanna Lynn Saracco o ~ ...:.:- ,\,,)(~-'~ --' \ ", \~:;?~ ~/'. \- 0; c - "<J !<,,-, ,t.:~-:.- .: y~ (:~- ~ ...!. ~ ~ 0- o C", -' c., o -0 ~-,,, ...;.,..'-" ,--) ';;-0 .-\. :r: -"l) rr1f:';, -o~~ ',\)'-: "J {:-..., ~--\ -':.~i. .., ---' - t~~:\ .---1.. '):" ~ ;;;:- -1