HomeMy WebLinkAbout06-60436L_ (-OA43 CWY, ?_T?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Joseph A. Thorn 506 Magaro Road ? Mercantile
506 PA 17025 Innovative Solutions, Exceptional Results
Enola, ? and Brian Richards
P. O. Box 9315A
Rochester, NY 14604
Plaintiff(s) & Adr1rP??As ?
? Defendant(sl & 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
and forwarded to (X ) Attorney ( ) Sheriff. be issued
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025 Signature of Attorney
Phone 717-732-3750
SaraccoLaw@aol.com
Dated:
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HA AVE
COMMENCED AN ACTION AGAINST YOU.
Pr thonotary,
Dated:
By:
Deputy
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Joseph A. Thorn,
Plaintiff
V.
Civil Action No.: 06-6043
Mercantile Innovative Solutions,
Exceptional Results
and Brian Richards, an individual
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, PA
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 o en persona o por abogado y
archivar en la corte en forma excrita sus defensas o sus objectiones a las
demande, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades o otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA
LEGAL.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Joseph A. Thorn,
Plaintiff
V.
Mercantile Innovative Solutions,
Exceptional Results
and Brian Richards, an individual
Civil Action No.: 06-6043
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuant to 15 U.S.C. § 1692a(3).
2. Defendant Mercantile (hereinafter Defendant), 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 9315A, Rochester, NY 14604.
3. Defendant Richards (hereinafter Defendant), is an individual engaged in the business of
collecting debts in this Commonwealth with its principal place of business located at P.
0. Box 9315A, Rochester, NY 14604.
4. On or about September and October, 2006, Defendant contacted Plaintiff by U.S. Mail
and/or telephone calls in an attempt to collect an alleged consumer debt.
5. Defendant is a debt collector as defined by the state law and the FDCPA. 15 U.S.C.
11692a(6).
6. Defendant sent letters and/or made telephone calls to Plaintiff in September and October
2006, which are "communications" relating to a "debt" as defined by 15 U.S.C.
11692a(2).
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 plaintiff's alleged debt.
8. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading,
deceptive and/or confusing statements.
9. Plaintiff believes and therefore avers that agents of Defendant, in 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.
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. §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 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
of 37 Pa.Code §§303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. §201-2(4).
16. Defendant's acts as described herein were done with malicious, intentional, willful,
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 defendant for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. 2207.5.
COUNT II - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
18. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
19. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P. S. §201-1 et seq.
20. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
21. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and
punitive damages and attorney's fees and costs.
WHEREFORE, plaintiff requests that this Honorable Court issue judgment on
Plaintiff s 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
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 seq. ("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. 1391(b).
25. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
§1692n.
26. 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).
27. Plaintiff believes and therefore avers that defendant does not have proper assignments
and/or documentation permitting said defendants to charge interest, fees and/or costs. 18
Pa.C.S. §73112(b)(1).
28. 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 FDCPA.
29. Plaintiff believes and therefore avers that defendant added interest, fees and costs in
violation of state and federal law.
30. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCPA, 15 U.S.C. §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 Defendant or any of its agents.
32. The FDCPA states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 U.S.C. §1692f. Defendant violated this section
of the FDCPA.
33. Defendant, during telephone calls, made disparaging comments about the Plaintiff.
34. Defendant, during telephone calls, made false statements to the Plaintiff.
35. The FDCPA states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any debt. 15 U.S.C.
§ 1692e(5) and (10), § 1692f(8) and § 1692j. Defendant violated these sections of the
FDCPA.
I
36. The FDCPA states, a debt collector may not discuss the consumers alleged debt with a
third party. The Defendant violated this section of the FDCPA.
37. 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 of a debt. 15 U.S.C. §1692d. Defendant violated this section of the FDCPA.
38. 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.
39. 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).
40. 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.
41. 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.
42. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages.
43. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
44. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
45. 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 FDCPA.
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at Plaintiff in an amount not less than Ten Thousand
Dollars ($10,000.00), as well as the repetitive nature of defendants form letters.
C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
rate of $350.00/hour for hours reasonably expended Plaintiff's attorney in
vindicating his rights under the FDCPA, permitted by 15 U.S.C. §1692k(a)(3).
(D) Award declaratory and injunctive relief, and such other relief as this Honorable
Court deems necessary and proper or law or equity may provide.
COUNT IV - FAIR CREDIT REPORTING ACT
46. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
47. The Fair Credit Reporting at, 15 U.S.C. § 1681 b prohibits the improper use of a
consumer's credit information.
48. 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.
49. Plaintiff believes and therefore avers that the defendant reviewed Plaintiff's credit report
0
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 U.S.C. §1681n(a)(1)(A).
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at Plaintiff in an amount not less than Ten Thousand
Dollars ($10,000.00), as well as the repetitive nature of defendants form letters.
C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
rate of $350.00/hour for hours reasonably expended Plaintiff's attorney in
Dated: 11/6/06 y vnn
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, PA 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
vindicating his rights under the FDCPgea itted by 15 U.S.C. §1681n(3)C).
B /s L " Saracco
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Renee K. Simpson
Deputy Prothonotary
Curtis R. Long
Prothonotary
A. e ?ot?jo vtaxp
office of ?
Cumbedaub COU'Rtp
John E. Slike
Solicitor
IL TERM
OF TERMINATION OF COURT CASES
ORDER
ER, 2009, AFTER MAILING HE Ag?VE F
THIS 28TH DAY OF OCTO EIVING NO gESPONSE
NOW ANCE WITH
AND PA
INTENTION TO pRC`CEE?AT D WITH PRENDICE IN ACCO
CASE IS HEREBY TERM
R C P 230.2.
BYCU Ti-,E COURT,
RTIS R. LONG
PROTHONOTARY
vania 17013 (717)240-6195 Fax (717) 240-6573
One Courthouse Square Carlisle, Pennsyl