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HomeMy WebLinkAbout06-6042 - v D(P-~D'I!). C;~:, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Dennis Semancik 506 Magaro Road Enola, P A 17025 CCB Credit Services, Inc. P. O. Box 272 Springfield, IL 62705-0272 and West Asset Management, Inc. P. O. Box 725129 Atlanta, Georgia, 31139-2129 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 ex ) Attorney ( ) Sheriff. Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com AJ~ Signature of Attorney Dated: /0/1 (p 10 ((J WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLA COMMENCED AN ACTION AGAINST YOU. Dated: D{';~r lIP ~tdo , By: Deputy ~ 1 ~~ (i)~~ -4:.. - I" 01 ~.'"" ~ -8' ~ -< CP p a ~ n r-~ - ~ I'" "> (:-? __,I 0-' () '1 c~ -::J -.~ ( " ~;' ~ "" (.." Uj y" CHRISTOPHER J. CONRAD, ESQUmE I.D. No. 202348 SHARON M. ODONNELL, ESQUmE LD. No. 79457 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3531 Attorney for Defendant West Asset Management, Inc. DENNIS SEMANCIK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No: 06-6042 Civil CCB CREDIT SERVICES, INC. and WEST ASSET MANAGEMENT, INC., CIVIL ACTION - LAW Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marshall, Dennehey, Warner, Coleman & Goggin, and Sharon M. O'Donnell, Esquire, on behalf of Defendants, West Asset Management, Inc., in connection with the above-captioned matter. r ..... Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ARON M. O'DONNELL, ESQUIRE tomey for Defendant, est Asset Management, Inc. Date: 2 \05_ A \LIAB\CJCONRAD\LLPG\239279'.DBZIMMERMAN\14125\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 and parties of record this 5th day ofDecl~mber, 2006, by: X First ClasH Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Delivery Overnight Mail Fax Transmission Electronic Mail at the following address(e~) and/or number(s): Deanna Lynn Saracco, Esq11ire 76 Greenmont Drive Enola, P A 17025 Attorney for Plaintiff CCB Credit Services, Inc. P.O. Box 272 Springfield, IL 62705-0272 ~HALL,DENNEHEY,WARNE~ COLEMAN & GOGGIN By: a1;;~1. CHRISTOPH J. CONRAD, ESQUIRE Attorney for Defendant(s), West Asset Management, Inc. 3 \05_ A \LIAB\CJCONRAD\LLPG\239279\DBZIMMERMAN\14125\50000 () c: <: 1:..1 ;.:;- n-,r ~~ :~_t. t~ ~;'~- -<1-..... r:~ <,._- ';~-~ f ~~o <: )>c: -;.0-.... ~:\ -< r--.) = c-"':) er- a r1i (""") I 0"> ~ ~-n rl1p rn :g C;} Z::) ('-) =:r~ Q(') .~- n, 9 55 ~ -0 :x - .. .r:- oo t- ~ CHRISTOPHER J. CONRAD, ESQUIRE 1.0. No. 202348 SHARON M. O'DONNELL, ESQUIRE J.D. No. 79457 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite: B Harrisburg, P A 17112 (717) 651-3531 Attorney for Defendant West Asset Management, Inc. DENNIS SEMANCIK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No: 06-6042 Civil CCB CREDIT SERVICES, INC. and WEST ASSET MANAGE\1ENT, INC., CNIL ACTION - LAW Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marshall, Dennehey, Warner, Coleman & Goggin, and Christopher J. Conrad, E~quire, on behalf of Defendants, West Asset Management, Inc., in connection with the above-captioned matter. ,- .. Date: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: 1)/'1/!J~ \05 _A \LIAB\CJCONRAD\LLPG\239278\DBZIMMERMAN\14125\50000 c~ CHRISTOPH RJ.CO~,ES Attorney for Defendant, West Asset Management, Inc. 2 ..: .~ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Entry of Appearancl~ has been served upon the following known counsel and parties of record this 5th day of December, 2006, by: X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Deli very Overnight Mail Fax Transmission Electronic Mail at the following addressees) and/or number(s): Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 Attorney for Plaintiff CCB Credit Services, Inc. P.O. Box 272 Springfield, IL 62705-0272 MARSHALL,DENNEHEY,WARNE~ COLEMAN & GOGGIN By: cI~f/PR~~ Attorney for Defendant(s), West Asset Management, Inc. 3 \05_ A \LIAB\CJCONRAD\LLPG\2392?8\DBZIMMERMAN\1412S\50000 o c- ~ ..,.,\~"". 1-\". r '--7" .,,~ -:?-::': v.- L-~ .,-.,. (n"' r~ -;~,--:;. ."7':";,.. I ~.__ "':;: ( ". -';~ ,-~ .Y' '.-_' :c:. :z ~ c> c:r- a f"'1 c-> , Cf\ -0 :;a:; o -n ~~ -oi>] -hi:? ~"~~1 (::0 (,,:,rn 1::::::\ ? ~ - ~ '" "r 4- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Dennis Semancik, Plaintiff, v. Civil Action No.: 06-60iQ. (j(,~ OLl ~ CCB Credit Services, Inc., and West Asset Management, Inc., 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 la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo dl 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. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV1CION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIC1NA CUYA D1RECC10N SE PUEDECONSEGUIR ASISTENCIA LEGAL. " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Dennis Semancik, Plaintiff, Civil Action No.: 06-6043 v. CCB Credit Services, Inc., and West Asset Management, Inc., Defendants. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 V.S.C. gI692a(3). 2. Defendant CCB Credit Services, Inc., (hereinafter CCB), is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at P. O. Box 272, Springfield, IL 62705-0272. 3. Defendant West Asset Management, Inc., (hereinafter West Asset), is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at P. O. Box 725129, Atlanta, GA, 31139-2129. 4. November, December, 2005, and July 2006, Defendants CCB and West Asset, contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 5. Defendants are debt collectors as defined by the state law and the FDCPA. 15 U.S.C. 11692a(6). 6. Defendants sent letters and/or made telephone calls to Plaintiff in November and December 2005, and July 2006, which are "communications" relating to a "debt" as defined by 15 V.S.C. 11692a(2). 7. 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. 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 the Defendants, in its telephone communications made false, misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of Defendants, 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. 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. 92270 et seq. 14. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCED, 73 P.S. S2270.4(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 99303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. ~20I-2(4). 16. 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. 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 Plaintiff's 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 18. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 19. Jurisdiction for this action is asserted pursuant to the Pennsylvania Vnfair Trade Practices and Consumer Protection Law, 73 P.S. g201-1 et seq. 20. That defendants engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by VTPCPL. 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 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 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. ~1692k(d) and 28 V.S.C. ~1337. 24. Venue lies in this District pursuant to 28 V.S.C. 1391(b). 25. The FDCP A states that a violation of state law is a violation of the FDCPA. 15 V.S.C. 91692n. ~ 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 to18 Pa.C.S. ~7311(a)(l) 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. ~73112(b)(1). 28. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 D.S.C. ~ 1692n. Defendants violated this section of the FDCP 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 FDCPA, 15 U.S.c. ~1692f(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. 32. The FDCP A states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 D.S.C. ~1692f. Defendants violated this section of the FDCP A. 33. Defendant, during telephone calls, made disparaging comments about the Plaintiff. 34. Defendant, during telephone calls, made false statements to the Plaintiff. 35. The Plaintiff settled the alleged debt with West Asset Management. 36. After settlement of the alleged debt, CCB attempted to collect the alleged debt. 37. CCB continued to contact Plaintiff, despite his advising CCB that he settled the alleged debt with West Asset. 38. West Asset sold and/or forward Plaintiff's alleged debt despite receiving payment as settlement in full. 39. West Asset sent a letter to Plaintiff, advising him that his alleged debt was in fact, paid in full. Exhibit A. 40. Plaintiff sent a copy of the letter to CCB, however, CCB continued to collect the alleged debt, ignoring Plaintiff s dispute. 41. 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 (10), S 1 692f(8) and S 1692j. Defendants violated these sections of the FDCP A. 42. 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 V.S.C. S 1692d. Defendants violated this section of the FDCPA. 43. The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 V.S.C. S1692g. Defendants violated this section of the FDCPA. 44. 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 FJd 62 (2d Cir. 1998). See also, 15 V.S.C. sI692e(5), 15 D.S.C. sI692e(lO). 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 Plaintiff herein. 47. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 48. Defendants, in its collection efforts, violated the FDCP A, inter 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 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 FDCPA or each separate and discrete incident in which defendants have violated the FDCP 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 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 51. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 52. The Fair Credit Reporting at, 15 U.S.C. ~1681b prohibits the improper use ofa consumer's credit information. 53. Plaintiff believes and therefore avers that the defendants reported false, misleading and/or inaccurate information on Plaintiff's credit report, without first validating the alleged debt. 54. The Plaintiff settled the alleged debt with West Asset. 55. West Asset did not report settlement ofthe alleged debt and instead, sold and/or forwarded the alleged debt for further collection. 56. CCB continued to attempt to collect the alleged debt, despite receiving notice from the Plaintiff that the alleged debt was settled. 57. CCB failed to properly report the Plaintiff's dispute. 58. 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 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 FCRA or each separate and discrete incident in which defendants have violated the FCRA. 15 U.S.c. ~168In(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$350.00Ihour for hours reasonably expended Plaintiffs attorney in Dated: 11/6/06 By: Is/De a ~ Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com 1681n(3)C). vindicating his rights under the FDCP A, perm' () C .: r--' c:> = o~ CJ r<1 c-J I -.l ~ ~~ :~ --r) p 1 .,;- rJ] ~( (;~:, "T;.::5 _'.i:'''- ~ -- "1'. ,.~::~ f~\ ","., C1\ () , """'-\ "J":P" ';;J .4 0' C1' ... ; IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DENNIS SEMANCIK, No. ()(p - loD4?"'" Plaintiffs, v. CCB CREDIT SERVICES, INC. and WEST ASSET MANAGEMENT, INC., Defendants. NOTICE THAT ACTION HAS BEEN REMOVED PLEASE TAKE NOTICE that defendant, West Asset Management, Inc., has filed a Notice of Removal of this action with the United States District Court for the Middle District of Pennsylvania. A copy of the notice is attached. A copy of the notice has also been provided to the Clerk of the Court of Common Pleas, Cumberland County, Pennsylvania. The removal of this action was authorized by 28 U.S.C. S 1446. The state court is now precluded from conducting any further proceedings unless and until .. CERTIFICATE OF SERVICE I, Christopher J. Conrad, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on the 13th day of December, 2006, I served a copy of the Notice that Action has been Removed via the Court's ECF system as follows: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 Attorney for Plaintiff And via U.S. First Class Mail, postage pre-paid upon: CCB Credit Services, Inc. P.O. Box 272 Springfield,IL 62705-0272 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: ~4./J/JI~0~ Christopher tf Conrad, Esquire J.D. No. 202348 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3531 cjconrad@mdwcg.com Attorneys for the Defendants West Asset Management, Inc. 3 \05_ A \LIAB\CJCONRAD\LLPG\240 II 0\DBZIMMERMAN\14125\0035I r--.;> 0 :i~ -1'1 0' CJ r-,,'-'l n ~ -:...) -...... L,) (T\ IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DENNIS SEMANCIK, No. 01,. - 1.64~ Plaintiffs, v. CCB CREDIT SERVICES, INC. and WEST ASSET MANAGEMENT, INC., Defendants. NOTICE OF REMOVAL NOW INTO COURT, through undersigned counsel, comes defendant, West Asset Management, Inc. (West). West hereby removes from the Court of Common Pleas, Cumberland County, Pennsylvania, the following described and captioned lawsuit, and respectfully shows: 1. West is a defendant in the civil action filed by plaintiff, Dennis Semancik, on November 6, 2006 in the Court of Common Pleas, Cumberland County, Pennsylvania, captioned as Dennis Semancik v. CCB Credit Services, Inc. and West Asset Management, Inc., Case No. 06-6042. l 2. Pursuant to 28 U.S.C. 99 1441 and 1446, West removes plaintiffs state court action to this Court, which is the judicial district in which the lawsuit is pending. 3. Plaintiff asserts claims under the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. 92270 et seq. (Count 1), the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 9201-1 et seq. (Count 2), the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 9 1692, et seq. (Count 3), and the Fair Credit Reporting Act (FCRA), 15 U.S.C. 9 1681, et seq. (Count 4). 4. Removal of plaintiffs state court action is proper under 28 U.S.C. 9 1441. If the action had originally been brought in this Court, the Court would have had original jurisdiction over Counts 3 and 4 per 28 U.S.C. 9 1331, 15 U.S.C. 9 1692 and 15 U.S.C. 91681, and supplemental jurisdiction over Counts 1 and 2 per 28 V.S.C. 9 1367. 5. Original jurisdiction on the basis of federal question jurisdiction exists because plaintiff asserts claims under the FDCP A and FCRA. 6. Pursuant to 28 V.S.C. 9 1446(b), West has timely filed this Notice of Removal. Plaintiffs complaint, filed on November 6, 2006, was served on West on November 16, 2006. This Notice of Removal is filed within 30 days of receipt of the complaint by West and is, therefore, timely filed under 28 U.S.C. 9 1446(b). 2 \05 _A \LIAB\CJCONRAD\LLPG\240 1 08\DBZIMMERMAN\ 14125\00351 7. Pursuant to 28 U.S.C. S 1446(a), West attaches to this Notice of Removal, and incorporates by reference, a copy ofplaintiffs complaint. 8. West has not sought the concurrence of Defendant CCB Credit Services, Inc. to its Notice of Removal inasmuch as Plaintiff has settled his claims with said Defendant. WHEREFORE, based upon this Court's federal question and supplemental jurisdiction, defendant, West Asset Management, Inc., respectfully requests that this case proceed in this Court, as an action properly removed from the Court of Common Pleas, Cumberland County, Pennsylvania. Respectfully Submitted, MARSHALL DENNE HEY WARNER COLEMAN & GOGGIN DATE: December 13.2006 BY: Christopher J. onrad, Esquire J.D. No. 2023~8 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3531 cjconrad@mdwcg.com Attorneys for the Defendants West Asset Management, Inc. 3 \05_ A \LIAB\CJCONRAD\LLPG\240 1 08\DBZlMMERMAN\14125\00351 CERTIFICATE OF SERVICE I, Christopher J. Conrad, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on the 13th day of December, 2006, I served a copy of the Notice of Removal via the Court's ECF system as follows: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PAl 7025 Attorney for Plaintiff And via U.S. First Class Mail, postage pre-paid upon: CCB Credit Services, Inc. P.O. Box 272 Springfield, IL 62705-0272 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: ~~L1~ Christopher J. onrad, Esquire J.D. No. 202348 4200 Crums Mill Road Harrisburg, P A 17112 (717) 651-3531 cjconrad@mdwcg.com Attorneys for the Defendants West Asset Management, Inc. \05_ A \LIAB\CJCONRAD\LLPG\240 1 08\DBZlMMERMAN\ 14125\00351 4 D~- ~0lIa. Civ() ~~&I-Hrf"''ef- ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Dennis Semancik 506 Magaro Road Enola, P A 17025 CCB Credit Services, Inc. P. O. Box 272 0 Springfield, IL 62705-0272_ f and West Asset Management,inc~ P. O. Box 725129, Atlanta, Georgia, 31139-212~"_ Defendant( s) & Addresses ~, Plaintiff( s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: -.; .~: t--..) = 0 t;.;.;...) -n w-. n :::1 ("J ffl::rJ -i r- -...,rn C'" "'j':' ('.J .:... 'I (-' - . i' ~ -~.~ ., .:i~l ; C) C;? ,.~.)rq -.~.': (.) :E Ci -<. 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 IOJ~~ Signature of Attorney Dated: (0 h II) /0(0 r I WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED IRA T THE ABOVE-NAMED PL COMMENCED AN ACTION AGAINST YOU. Dated: 10/'''/0'' f ' AVE By: Deputy , . I' ,,- ,l. '. " b ",Vt''' , ~ " ,.,t,. ' ' .' . r est~y whereof. , here U<<lto se\ my naue; ,~the seal of said Coun d~ carUskt. ~ ~:,,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Dennis Semancik, Plaintiff, Civil Action No.: 06-6043 v. CCB Credit Services, Inc.. and West Asset Management, loc., 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 TARE THI S PAPER TO YOUR LAWYER AT ONCE. II' YOU DO NOT BAVE A LAWYER OR CANNOT AFFOlID ONE, GO TO OR TELEPHONE THE ORICE 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 d~rnandodo a usted en la corte. Si usted quire defenderse de estas demanrl.:2s exp1Jf't.i'iS ~n las paginas siquientes, usted tiene viente (20) dias de plaza al partir de 1a fecha de la excrita 0 en persona 0 par abogado y archivar en l~ corte en forma excrita sus defensas 0 sus objectiones alas demande, Ie. corl.e \:omara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y par cuaIquier queja 0 alivio que es pedido en la peticion de d~l!Ii:lnd'i. Usted puede perder dinero a sus propiedades 0 otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. 81 NO TIENE ABOGADOO 51 NO T1ENE f,L D1N~RO SOFIC1ENTE DE PAGAR TAL SERV1C10N, VAYA EN PERSONA 0 LLAME POI<. 'l.'E:IXr'ONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Dennis Sema.l1cik. Plaintiff: Civil Action No.: 06-6043 v. CCB Credit Services, Inc., and West Asset Management Inc.. Defendants. COMPLAINT 1. Plaintiffis an individual. residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 V.S.C. ~I692a(3). 2. Defendant CCB Credit Services, Inc., (hereinafter CCB), is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at P. O. Box 272, Springfield, IL 62705-0272. 3. Defendant West Asset Management, Inc., (hereinafter West Asset), is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at P. O. Box 725129, Atlanta, GA, 31139-2129. 4. November. December. 2005. and July 2006, Defendants eCB and West Asset, contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 5. Defendants are debt collectors as defined by the state law and the FDCPA. 15 V.S.C. 11692a(6). 6. Detendants sent letters and/or made telephone calls to Plaintiff in November and Decembcr 2005. and July 2006. which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2). 7. 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. 8. Plaintiffbclieves and therefore avers that Defendants' letters contained false, misleading, deceptive andlor confusing statements. 9. PlaintiffbeJieves and therefore avers that agents of the Defendants, in its telephone communications made false, misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of Defendants, 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. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 12. Plaintiff hereby incorporates the foregoing as if fully stated hereh!.. 13. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension 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). 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. ~201.2(4). 16. Defendants' acts as described herein were done with malicious, intentional, wiIlful, 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 punith'c damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintitl"s 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 a'lsertcd pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 73 P.S. ~201-1 et seq. 20. That defendants engaged in unfair methods of competition and unfair or deceptive acts or practices. a<; 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 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 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. *1692. et scq. ("FDCPA"), 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. 139 1 (b). 25. The FDCPA ::ltates that a violation of state law is a violation of the FDCPA. 15 U.S.C. ~ 169211. 26. Plaintiff helicvcs and therefore avers that defendants do not have proper assignment of the claim. and is therefore, unable to collect the alleged debt pursuant to18 Pa.C.S. ~7311 (a)( J) and (2). 27. PlaintilTbelieves 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. ~73112(b)(1). 28. The FDCPA slates that a violation of state law is a violation of the FDCPA. 15 US.C. ~ 169211. Defendants violated this section of the FDCP A. 29. Plaintiff helieves 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 FDCPA. 15 U.S.C. ~1692f(l)and 1692e(2)AandB. 31. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendants or any of its agents. 32. The FI)CP 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 FDCP A. 33. Defendant, during. telephone calls, made disparaging comments about the Plaintiff. 34. Defendant. during telephone calls, made false statements to the Plaintiff. 35. The Plaintiff ~ettled the alleged debt with West Asset Management. 36. After settlement of the alleged debt, CCB attempted to collect the alleged debt. 37. CCB continued to contact Plaintiff, despite his advising CCB that he settled the alleged debt with West Asset. 38. West Asset sold and/or forward Plaintiffs alleged debt despite receiving payment as settlement in full. 39. West Asset sent a letter to Plaintiff, advising him that his alleged debt was in fact, paid in full. Exhibit /\. 40. Plaintiff sent a copy (lfthe letter to CCB, however, CCB continued to collect the alleged debt. ignoring Plaintiffs dispute. 41. 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 V.S.C. g1692e(5) and (10), 91692f(8) and g1692j. Defendants violated these sections of the FDCPA 42. 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 ofa dehl. 15 U.S.C. S1692d. Defendants violated this section of the FDCPA. 43. 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 FDCPA. 44. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the deJ~ndant 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. g1692e(JO). 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 tederal and state law and the rights of the Plaintiff herein. 47. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 48. Defendants. in its collection efforts, violated the FDCP A, inter 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 aforementioned, plaintiffhas becn subjected to anxiety. hara~smenl. intimidation and annoyance for which compensation is sought. WHRREFORE, 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 DoUars ($1.000.00) for each violation of the FDCP A or each separate and discrete incident in which 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 fonn letters. C) A ",yard 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 51. Plaintiff hereby incorporates the foregoing as iffully set forth herein. 52. The Fair Credit Reporting at, 15 U.S.C. ~ 1681b prahibits the impraper use afa consumer's credit information. 53. Plaintitl'believes and therefore avers that the defendants reparted false, misleading and/or inaccurate inf()rmalion on Plaintiffs credit report, withaut first validating the alleged debt. 54. The Plaintiff settled the alleged debt with West Asset. 55. West Asset did nat report settlement of the alleged debt and instead, said and/or forwarded the alleged debt for further collection. 56. CCR continued to attempt ta collect the alleged debt, despite receiving notice from the Plainti IT that the alleged debt was settled. 57. CCB failed to properly report the Plaintiff's dispute. 58. Plaintiff bel ieves and therefore avers that the defendant reviewed Plaintit'rs 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 defendants and issue an Order: (A) A ward Plaintiff statutory damages in the amount of One Thousand Dallars ($1.000.00) for each violation of the FCRA or each separate and discrete incident in whit:h defendants have violated the FCRA. 15 lLS.C. ~ 1681 n(a)( I )(A). (B) A'ward Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintif[in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. C) :\ward Plaintiff costs of this litigation. including a reasonable attorney's fee at a rate of$350.00/hour for hours reasonably expended Plaintiffs attorney in vindicating his rights under the FDCP A. ~u.s.c. ~ 1681n(3)C). Dated: 11 /6,'06 By: /sfDea co Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, P A 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com V08B~~$ . . lNnowt1 90~O ACW ~"ij~ OIl:Id 39lIlSOd 'S'n 0000 IIII/II..q_ J.I. Ii' I . ~ -.A~ ...... > _ .' J . " . ;, ~"".~ .~~. ~''''~r'-" ...-, '. .,.;....i,;,.",,:< i"0r. '. ';;;-~J i.\.'~,t'l',{'.t:lli;;"-,k~ '" "'~ ~I~.. ,'t':,.t "tit.:; ~ --P\-'C'''~.P~~_'ro!'iilJ' c:J f'" (""-;' .s:.- c,.) C' IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DENNIS SEMANCIK, No. DLr.- l..D4 ~ Plaintiffs, v. CCB CREDIT SERVICES, INC. and WEST ASSET MANAGEMENT, INC., Defendants. CERTIFICATE OF COMPLIANCE Undersigned counsel for defendant, West Asset Management, Inc., certifies that, in compliance with 28 U.S.C. 9 1446(d), a copy of the Notice of Removal of this action was filed with the Clerk of the Court of Common Pleas, Cumberland County, Pennsylvania. This filing occurred on December 13,2006. Undersigned counsel further certifies that, in compliance with 28 U.S.C. 9 1446( d), written notice of the removal was also given to all parties in this action, along with a copy of the Notice of Removal filed in this Court. This notice was given on December 13, 2006, to all of the parties named above as plaintiffs in this action or to their attorneys of record via the Court's ECF system and United States First Class mail. Respectfully Submitted, MARSHALL DENNE HEY WARNER COLEMAN & GOGGIN DATE: December 13.2006 (/z'.'~lYkI/vv.- ;- Christophe#J. Conrad, Esquire J.D. No. 202348 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3531 cjconrad@mdwcg.com Attorneys for the Defendants West Asset Management, Inc. 2 \05_ A \LlAB\CJCONRAD\LLPG\240 1 09\DBZIMMERMAN\14125\00351 CERTIFICATE OF SERVICE I, Christopher 1. Conrad, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on the 13th day of December, 2006, I served a copy of the Certificate of Compliance via the Court's ECF system as follows: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 Attorney for Plaintiff And via U.S. First Class Mail, postage pre-paid upon: CCB Credit Services, Inc. P.O. Box 272 Springfield, IL 62705-0272 MARSHALL DENNE HEY WARNER COLEMAN & GOGGIN BY: ~(. ~:rh.4 ChristOPher~onrad, Esquire LD. No. 202348 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3531 cjconrad@mdwcg.com Attorneys for the Defendants West Asset Management, Inc. 3 \05 _A \LIAB\CJCONRAD\LLPG\240) 09\DBZIMMERMAN\14125\0035) 0 '" 0 C..:> c: = .1 0, ,~ CJ .-t ,- rY'1 fTi ;22 n 0-7 '-- ~ --',) ..-.~'"'>, ", (,) ~:6 C''''. .<