HomeMy WebLinkAbout06-6782
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s) & Addresses
Asset Acceptance LLC
P. O. Box 2036
VVarren,~I48090-2036
zid O(P - ~ 7t~ ~t I
Defendant( s) & Addresses
VVilliam VV arren
Enola Drive
Enola, P A 17025
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above-captioned action. VVrit 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
,~,Uo
Signature of Attorney
Dated: 11-) ~ ".(J~
WRIT OF SUMMONS
TO THE ABOVE NA~ED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NA~ED PLAINTIFF(S) HAS/HA VE
COMMENCED AN ACTION AGAINST YOU. G .' I? -I
L1AI~ . r;L~
Prothonotary
Dated: II --- J-r- -n~
By:
~~~
~~J
~ t u.
~ C> c..J\)
. \
0..
ci
g
-p~
"1 rn
Z...,..,
Z~:
(Jj S;,
r:-<.,:
c~
~'_.
):> ...
-"'" I. :
~l-\
~C
Z
-..J
-<
~
'"'-.)
<=
<:;::)
C7'\
z:
<::)
<
N
CO
o
"
;i:n
-o~':
:U
o
:e.~~
2
d
~
-<
:tlIo
:::r:
25
..
o
ex>
..
~
v
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
{UAd.~
NOTICE TO PLEAD
()~-~7Yd-
~._~
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 1MMEDIATAMENTE. SI NO T1ENE ABOGADOO 81
NO T1ENE EL DINERO SUF1CIENTE DE PAGAR TAL SERV1C10N, 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
William Warren,
Plaintiff,
v.
Civil Action No.: o(P- fJJ 7 8' J.
e/V/L
Asset Acceptance LLC
Defendant.
-
-
COMPLAINT
1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer
pursuant to 15 D.S.C. sI692a(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 28405 VanDyke Avenue
Warren, MI 48093
3. On or about October and November 2006, Defendant contacted Plaintiff by U.S. Mail and
telephone calls in an attempt to collect an alleged consumer debt.
4. Defendant is a debt collector as defined by the state law and the FDCPA. 15 D.S.C.
11692a(6).
5. Defendant sent letters and made telephone calls to Plaintiff in October and November
2006, which are "communications" relating to a "debt" as defined by 15 D.S.C.
1 1 692a(2).
6. At all pertinent times hereto, the defendant alleged that Plaintiff owed a consumer debt. 5
D.S.C. S 1692a(5).. (Hereinafter the "alleged debt.")
7. Defendant communicated with plaintiff on or after one year before the date of this action,
in connection with collection efforts, by letters, telephone contact or other documents,
with regard to plaintiffs alleged debt.
8. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading,
deceptive and/or confusing statements.
9. Plaintiff believes and therefore avers that agents of Defendant, in 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. At all pertinent times hereto, the alleged debt is barred by the statute of limitations.
12. 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
13. Plaintiff hereby incorporates the foregoing as if fully stated herein.
14. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. S2270 et seq.
15. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FeED, 73 P.S. S2270.4(a).
16. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by FCED 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. 9201-2(4).
17. 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.
18. 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 - PENNSYL VANIA UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
19. Plaintiff hereby incorporates the forgoing as if fully set forth herein.
20. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.S. ~201-1 et seq.
21. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by UTPCPL.
22. 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
23. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
24. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act,
15 v.S.C. ~1692, et seq. ("FDCPA"), particularly 15 U.S.C. ~1692k(d) and 28 D.S.C.
~1337.
25. Venue lies in this District pursuant to 28 D.S.C. 1391 (b).
26. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
~ 1692n.
27. 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 to18 Pa.C.S.
~7311(a)(1) and (2).
28. 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).
29. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 D.S.C.
g1692n. Defendant violated this section of the FDCPA.
30. Plaintiff believes and therefore avers that defendant added interest, fees and costs in
violation of state and federal law.
31. Defendant in its collection efforts, demanded interest, fees andlor costs in violation of the
FDCPA, 15 D.S.C. SI692f(l) and 1692e(2)A and B.
32. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
33. Defendant's agents discussed the Plaintiffs alleged debt with third parties, including
Plaintiff s cousin.
34. Plaintiff advised the defendant that he paid the alleged debt over 10 years ago.
35. After hearing that statement, Defendant's agent told Plaintiff that there was no record of
payment and that he owed the alleged debt.
36. At no time did Defendant's agent advise Plaintiff his rights pursuant to the FDCPA.
37. Defendant's initial telephone call was made prior to Plaintiffs receipt of the collection
letters from defendant.
38. During the telephone conversations, Plaintiff explained that Defendant's agent was using
a telephone number that did not belong to Plaintiff and that defendant should cease using
the telephone number.
39. Defendant's agent, Peter Gallo, continued to call the restricted telephone number asking
for Plaintiff.
40. During the telephone conversations, Defendant's agent told Plaintiff that a lawsuit could
be filed.
41. 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. Defendant violated this section
of the FDCP A.
42. 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 D .S.C.
gI692e(5) and (10), SI692f(8) and ~1692j. Defendant violated these sections of the
FDCP A.
43. 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.
44. 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 D.S.C. S1692d. Defendant violated this section of the FDCPA.
45. The FDCP A provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 D.S.C. ~1692g. Defendant violated this section of the FDCPA.
46. 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 D.S.C. sI692e(5), 15 D.S.C. sI692e(10).
47. 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.
48. 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.
49. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages.
50. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
51. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
52. 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) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
.
rate of$450.00Ihour for hours reasonably expended Plaintiffs attorney in
vindicating his rights under the FDCP A, permitted by 15 V. 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
53. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
54. The Fair Credit Reporting at, 15 V.S.C. S 1681 b prohibits the improper use of a
consumer's credit information.
55. Plaintiff believes and therefore avers that the defendant reported false, misleading andlor
inaccurate information on Plaintiff's credit report, without first validating the alleged
debt.
56. Plaintiff believes and therefore avers that the defendant reviewed Plaintiffs 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 V.S.C. sI681n(a)(l)(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$450.00/hour for hours reasonably expended Plaintiff's attorney in
vindicating his rights under the FDCP A, permitted by 1
Dated: 11130/06
By: /s/D "~
Deanna L aracco, A orney for Plaintiff
76 Greenmont Drive, Enola, P A 17025
TeL 717-732-3750 Fax 717-728-9498
Email: SaraccoLaw@aoLcom
o
,.'-
~-,,:;.
...-":',-,'
'c?>
'i?-
CJ.
f" .
C.)
\
-1
.
-~
~)
.--
q,
..-t
~.."
I'.ne,
"~I"~\~
_:jl,..'
(~~\~"
/ "" -;---
"'..' ~ t
;~, r-n
-~-\
'p.
.~
~
~-,*,'
_r
---
--
c.,
C0
...
MAURICE & NEEDLEMAN, P.e.
BY: Joann Needleman, Esq.
Identification No. 74276
935 One Penn Center
1617 John F. Kennedy Blvd
Philadelphia, PA 19103
(215) 789-7151
Attorney for Plaintiff
WILLIAM WARREN
Plaintiff,
CUMBERLAND COUNTY COURT OF
COMMON PLEAS
v.
Case No. 06-6782
ASSET ACCEPTANCE, LLC
Defendant( s).
PRAECIPE TO FILE COPY OF NOTICE OF REMOVAL
TO THE PROTHONOTARY:
As provided under 28 U.S.C. ~1446(d), please file the attached certified copy of
Defendant's Notice of Removal, filed in the United States District Court for the Middle
District of Pennsylvania on January 24, 2007.
Respectfully Submitted,
MAURICE & NEED EMAN, P.C.
Date: January 24,2007
'./S 44 (lev. 111M)
CIVIL COVER SHEET
The JS 44- civil cover sheet and the information contained herein neither replace nor supplement the filing and service of 'pleadings or other papers as required by law, except as 'provided
by local rtlles of court. This fonn, approved by theJudicial Conference of the United States in September 1974, is reqUired for the use of the Clerk of Court for the purpose of mitiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
William Yarren
DEFENDANTS
Asset Acceptance, LLC
(b) County of Residence of First Listed Plaintiff Cumberland
(EXCEPT IN u.S. PLAINTIFF CASES)
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c )^~omey' s (Firm Name, Address, and Telephone Number)
Deanna Saracco, Esquire, 76 Greenmont Dr., Bnola P A 17025
Attorneys (If Known)
loann Needleman, Esquire, 935 One Penn Center, Phila PA 19103
01 U.S. Government
Plaintiff
I!!I 3 Federal Question
(U.S. Government Not a Party)
III. CITIZENSHIP OF PRINCIPAL P ARTlES(Plaee an "X" in One Box for Plaintiff
(For Diversity Cases Onlyj and One Box for Defendant)... .
PTF DEF PTF DEF
Citizen ofThis State I!!J I 0 I Incorporated or Principal Place 0 4 0 4
of Business In This State
II. BASIS OF JURISDICTION (Place an "X" in One Box Only)
o 2 U. S. Government
l>efendant
o 4 Diversity
(Indicate Citizenship of Parties in Item III)
Citizen of Another State
02 0
Incorporated and Principal Place
of Business In Another State
o 5 iIII
Citizen or Subject of a
Forei.... Countrv
03 0
Foreign Nation
o 6 06
IV. NAT OFS IT (Place an "X" in One Box Only)
I TORTS FORFEITURE/PENAL TV BANIlRIJPTry OTHER STATUTES I
o II 0 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture o 422 Appeal 28 USC 158 0 400 State Reapportionment
o 120 Marioe 0 310 Airplane 0 362 Personal Injury - 0 620 Other Food & Drug o 423 Withdrawal 0 4\0 Antitrust
o 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Rclated Seizure 28 USC 157 0 430 Banks and Banking
o 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 2\ USC 881 0 450 Conunerce
o 150 RccClvery ClfOverpayment 0 320 Assault, Libel & Product Liability 0 630 Liquor Laws PROPFR'I Y RIGHTS 0 460 Deportation
& Enforcement of Judgment Slander 0 368 Asbestos Perscnal 0 640 R.R. & Truck o 820 Copyrights 0 470 Racketeer Influenced and
o 151 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs. o 830 Patent Corrupt Organizations
o 152 RccClvery of Defaulted Liability Liability 0 660 Occupational o 840 Trademark 0 480 Consumer Credit
Student Loans 0 340 Marioe PERSONAL PROPERTY SafetylHealth 0 490 Cable/Sat TV
(Excl Veterans) 0 345 Marine Product o 370 Other Fraud 0 690 Other 0 810 Selective Service
o 153 RccClVery of Overpayment Liability o 371 Troth in Lending ,ABOR 0 850 Securities/Commodities!
of Veteran's Benefits 0 350 Motor Vehiclc o 380 Otber Personal 0 710 Fair Labor Standards o 861 HIA (l395ft) Exchange
LI \60 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act o 862 Black Lung (923) 0 875 Customer Challcnge
o 19OOtherContract Product Liability 0 385 Property Damage 0 720 Labor/Mgml. Relations o 863 D1WC/DlWW (405(g)) 12 USC 3410
o 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 Labor/Mgml.Reporting o 864 ssm Title XVI iliI 890 Other Statutory Actions
o 196Francbise Iniurv & Disclosure Act o 865 RSI (405(2)) 0 891 Agricultural Acts
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Economic Stabilization Act
0210 Land Condemnation 0 441 Voting o 5\ 0 Motions to Vacate 0 790 Other Labor Litigation o 870 Taxes (U.S. Plaintiff 0 893 Environmental Matters
o 220 Foreclosure 0 442 Employment Sentence 0 791 Empl. Ret. Inc. or Defendant) 0 894 Energy Allocation Act
o 230 Rent Lease & Ejectment 0 443 Housing! Habeas Corpus: Security Act o 871 IRS-Third Party 0 895 Freedom of lofonnation
o 240 Torts to Land Acconunodations 0 530 General 26 USC 7609 Act
o 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty 0 900Appcal of Fee Determination
o 290 All Other Real Property 0 445 Arner. wIDisabilities. 0 540 Mandamus & Other Under Equal Access
Employment 0 550 Civil Rights to Justice
0 446 Amer. wIDisabilities - 0 555 Prison Condition 0 950 Constitutionality of
Other State Statutes
0 440 Other Civil Rights
URE U
V. ORIGIN
o 1 Original
Proceedin
(Place an "X" in One Box Only)
iii 2 Removed from CJ 3 Remanded from
CJ 7
Appeal to District
Judge from
Magistrate
Iud ent
CJ 4 CJ 5 Transferred from CJ 6
Reinstated or another district Multidistrict
State Court A ellate Court Reo ened s eci Uti ation
q~ tiJ~SY.;SI a'it~rtute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Briefdescrirtionofcause:
Fair Deb Collections Practices Act, Fair Credit Reporting Act
CHECK IF THIS IS A CLASS ACTION DEMAND $
UNDER F.R.C.P. 23
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
CHECK YES only if demanded in complaint:
JURY DEMAND: 0 Yes 0 No
(See instructions):
JUDGE
DOCKET NUMBER
RECEIPT #
AMOUNT
DATE
FOR OFFICE USE ONLY
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYL VANIA
William Warren
)
)
)
)
---- ~ )
)
)
)
)
)
)
)
)
)
, )
)
Defendant(s)/ )
Third-Party Plaintiff(s), )
)
)
)
)
)
)
)
, )
)
Third-Party Defendant(s). )
)
Plaintiff( s),
v.
Asset Acceptance, LLP
v.
Civil Action No.
DISCLOSURE STATEMENT PURSUANT TO Fed. R. Civ. P. 7.1
(Civil Action)
Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, Asset Acceptance, LLC ,
who is Defendant
(name of party)
(type of party)
, makes the following disclosure:
Page 1 of 2
1. Is the party a non-governmental corporate party?
~ YES
o NO
2. If the answer to Number I is "yes," list below any parent corporation or state that there
is no such corporation:
N/A
3. If the answer to Number I is "yes," list below any publicly-held corporation that owns
10% or more of the party's stock or state that there is no such corporation:
N/A
The undersigned party understands that under Rule 7.1 of the Federal Rules of Civil
Procedure, it must promptly file a supplemental statement upon any change in the information that
this statement requires.
/s/Joann Needleman, Esquire
Signature of Counsel for Party
Date: 1/24/2007
Page 2 of 2
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM WARREN
Plaintiff,
CIVIL ACTION NO.
v.
(REMOVAL OF ACTION)
ASSET ACCEPTANCE, LLC
Defendant( s).
NOTICE OF REMOVAL OF
CIVIL ACTION FROM STATE COURT
TO: THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE OF PENNSYLVANIA
Defendant(s), ASSET ACCEPTANCE, LLP (hereinafter referred to as "Defendant"),
by and through its undersigned attorney, respectfully represents as follows:
1. The removing parties are Defendant(s) in the above entitled action.
2. On or about November 28, 2007, the above entitled action was commenced, by
the filing of a Civil Action against Defendant in the Cumberland County Court of Common
Pleas, Case No. 06-6782 (the "State Court Action"), and is now pending therein. A true and
correct copy of the Civil Complaint is attached and marked as Exhibit A.
3. The State Court Action seeks, inter alia, the following relief: monetary
damages for violation of the Fair Credit Reporting Act, 15 U.S.C. ~1681 et seq , monetary
damages for violation of the Fair Debt Collections Practices Act, 15 U.S.c. ~1692 et seq,
monetary damages for violation of the Pennsylvania Fair Credit Extension Uniformity Act 73
P.S. ~2270 et seq, and monetary damages for violation of the Pennsylvania Unfair Trade
Practices and Consumer Protection Law 73 P.S. ~201-1 et seq. (See Exhibit A).
4. This Court has original jurisdiction over the above entitled action pursuant to 28
D.S.C. ~1331, as it involves a federal question with regards to the alleged violations of the
Fair Credit Reporting Act, 15 D.S.C. ~1681 et seq, and the Fair Debt Collections Practice
Act, 15 V.S.C. ~1692 et seq. Thus, this action must therefore be removed to this Court
pursuant to 28 V.S.C. ~1441(a). Furthermore, this Court will have pendent jurisdiction over
any other state claims that may be asserted by the Plaintiff.
5. This notice is timely filed with the Court within thirty (30) days after service of
the Civil Action Complaint on the removing parties in the above entitled action pursuant to 28
U.S.C. ~1446(b).
6. Further, Plaintiff does not object to the removal of the above action to Federal
Court.
WHEREFORE, the removing parties pray that the above entitled civil action be
removed from Cumberland County Court of Common Pleas.
Respectfully submitted,
MAURICE & NEEDLEMAN, P.C.
/s/Joann Needleman. Esquire
JOANN NEEDLEMAN, ESQUIRE
Attorney for ASSET ACCEPTANCE, LLP
935 One Penn Center
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103
(215) 789-71751
(215) 563-8970 fax
ioann@)mn1awpc.com
Date: January 24, 2007
UNITED STATES DISTRICT COURT
FOR THE MIDDLE OF PENNSYL VANIA
WILLIAM WARREN
Plaintiff,
CIVIL ACTION NO.
v.
(REMOV AL OF ACTION)
ASSET ACCEPTANCE, LLC
Defendant( s).
CERTIFICATION OF SERVICE
I, JOANN NEEDLEMAN, ESQUIRE, hereby certify that on January 24,2007, a true
and correct copy of the attached NOTICE OF REMOV AL OF CIVIL ACTION FROM
STATE COURT, was served upon the persons and in the manner set forth below:
FIRST CLASS MAIL, POSTAGE PREPAID, AS WELL AS ELECTRONICALLY IF
APPLICABLE, to:
DEANNA SARACCO, ESQ.
76 GREENMONT DRIVE
ENOLA, PA 17025
Respectfully submitted,
MAURICE & NEEDLEMAN, P.C.
Is/Joann Needleman. Esquire
JOANN NEEDLEMAN, ESQUIRE
Attorney for ASSET ACCEPTANCE, LLP
935 One Penn Center
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103
(215) 789-71751
(215) 563-8970 fax
ioann@mnlawpc.com
Date: January 24, 2007
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYL VANIA
WILLIAM WARREN
Plaintiff,
CIVIL ACTION NO.
v.
(REMOV AL OF ACTION)
ASSET ACCEPTANCE, LLC
Defendant( s).
NOTICE OF FILING NOTICE OF REMOVAL
TO: DEANNA SARACCO, ESQ.
76 GREENMONT DRIVE
ENOLA, P A 17025
TO THE PARTIES:
PLEAST TAKE NOTICE, that on January 24, 2007, ASSET ACCEPTANCE, LLP,
in the above entitled action, filed a Notice of Removal, copies of which are attached hereto, of
the above entitled action in the United States District Court for the Middle District of
Pennsylvania.
You are also advised that Defendant on filing such Notice of Removal in the Office of
the Clerk of the United States District Court for the Middle District of Pennsylvania also filed
and served a copy thereof by regular mail wit the Prothonotary of Cumberland County Court
of Common Pleas, to effect the removal pursuant to 28 U.S.C. 1446. By virtue of 28 U.S.C.
1446( d), Cumberland County Court of Common Pleas has no further jurisdiction over this
action and you should proceed no further in that Court or under its authority.
Respectfully submitted,
MAURICE & NEEDLEMAN, P.C.
DEAN, ESQUIRE
Atto ne ti A SET ACCEPTANCE, LLP
935 e Penn Center
1617 John F. Kennedy Boulevard
Philadelphia, P A 19103
(215) 789-7151
(215) 563-8970 fax
joann@)mnlawpc.com
Date: January 24, 2007
dd336CO
l <ll5S<l6QQ
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
\
,i\'(t- 'ei t+15Io~
William Warren
Enois Drive
Enols., P A 17025
Plaintiff(s) & Addres.qes
Asset Acceptance LLC
P. O. Box 2036
Warren, MI 48090-2036
.J!, ~-ilf~ (!~t(
Detendant(s) & Addresses
PRAECIPE FOR WRIT QF SUMMONS
TO TIlE 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.
,~flMAl
Signature of Attomey
Deanna Lynn Saracco, Esquire
76 GreenmontDrive
Enola, Pennsylvania 1 7025
Phone 717~732-3750
SaraccoLaw@aol.com
Dated: J/- J.. 9' ~ tJ"
WRIT OF SUMMONS
TO TIlE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINT1FF(S) BASIHA VB
COMMENCED AN ACTION AGAINST YOU. ~ ___~_ /( ~
. tlL{A..A ,
Prothonotary
B~j-& ~ ~J~ 1."1
11- )f-o~
Dated:
EXHIBIT
I /J<
TMtIE WPY FROM AECORo
1"~Wbereof, l ~'f8Unto........
1Ie m sa~i ' ..~ Ca "Pa
~
~ nr
,~()
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY~ PENNSYL V ANlA
NOTICE '1'0 Plt1P.~
TO ~BE DEI'ENJWft tDl~n 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 t-.ntv (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 import_ant to you.
YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYER A'1' ONCE. IF
YOO DO NOT HAVE A LAWYER OR CANNOT AITORD ONE, GO TO OR
TELEPHONE THB OFFICE SET FORTH BELOW TO FIND OU'!' WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, P A
1~800-m-9108, 717-249-3166
NOTIQIA
Le han demandado a usted en In corte. 8i usled quire defendcrse de
p.stas demandas expuetas en las paginas siquientes, usted tiene viente (20)
dias de plazo aJ partir de 103 fecha de La excritu. 0 en persona 0 por abogado y
archtvar en 1a corte en forma excrita SU$ defensaR 0 sus objectiones a Las
demande, la corte tomara medidas y puede entrar una orden contra usted sin
previa aviso 0 notificacion y por cuaIquier queja 0 aIivio que en pedido en la
peticion de demanda. Usted puede pcrder dinero 0 sus propiedades 0 otros
derechos importantes para usted.
LLEVE ES'l'A OF.MANDA A UN ABOGADO IMMEDIATAMENTE. 81 NO TIENE ABOGAOOO SI
NO 'fIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV1CION, VAYA EN PERSONA 0 LLAME
PO~ TELEFONO A LA OFTCINA CUy~ DIRECCION S~ POEOECONSEGUIR ASrSTENCIA LEGAL.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
William Warren,
PlaintifT,
Civil Action No.: O(P-I.o 7 8 Ol
e,VIL
v.
Asset Acceptance LLC
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 28405 VanDyke A venue
Warren,M148093
3. On or about October and November 2006, Defendant contacted Plaintiff by U.S. Mail and
telephone calls in an attempt to collect an alleged consumer debt.
4. Defendant is a debt collector ac; defined by the state law and the FDCPA. 15 H.S.C.
11692a(6).
5. Defendant sent letters and made telephone calls to Plaintiff in October and November
2006, which are "communications" relating to a "debt" as defined by 15 U.S.C.
11692a(2).
6. At all pertinent times hereto, the defendant alleged that Plaintiff owed a conswner debt. 5
D.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 plaintiff's alleged debt.
8. Plaintiffbelieves and therefore avers that Defendant's letters contained false, misleading,
deceptive and/or confusing statements.
9. PlaintitIbelieves and therelbre avers that agents of Defendant, in its telephone
communications made false, misleading, deceptive and/or confusing statements.
10. PlaintitIhelieves and therefore avers that agents of Defendant, in its telephone
communications, were rode, beligerent, insulting and harassing to the Plaintiff.
11. At all pertinent times hereto, the aUeged debt is barred by the statute of limitations.
12. Plaintiff disputes the alleged debt and hereby request.q proof of the manner in which the
al1eged debt was calculated, as is required by state and federal law.
COUNT I - PENNSVIJV ANlA FAIR CREDIT EXTENSION UNIFORMITY ACT
13. Plaintiff hereby incorporates the foregoing as if fully stated herein.
14. Jurisdiction for this Action is a'iserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P .S. ~2270 et seq.
15. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FeED, 73 P.S. ~2270.4(a).
16. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
pmctices, as defined by FeED 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).
17. 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 Plaintiff to pay the alleged debt.
18. As a result of the above violations, Plaintiffis entitled to statutory, actual, treble and
punitive damages and attorney's fees and costs.
WHEREFORE, plaintill'request.'; 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
19, Plaintiff hereby incorporates the forgoing as if fully set forth herein.
20. Jurisdiction lor this action is asserted pursuant to the Pennsylvania Unfair Trade Practices
and Consumer Protection Law, 73 P.s. ~201-1 et seq.
21. That defendant engaged in unfair methods of competition and unfair or deceptive acts or
prdCtices, aq defined by UTPCPL.
22. As a result of the above violations, Plaintiffis 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 01- FAIR DEBT COLLECTION PRACTICES ACT
23. Plaintiffherehy incorporates the foregoing as if fully set forth herein.
24. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act,
15 V.S.C. ~1692, et seq. e"FDCPA"), particularly 15 V.S.C. ~1692k(d) and 28 V.S.C.
~1337.
25. Venue lies in this District pursuant to 28 V.S.C. 1391(b).
26. The FDCPA states that a violation of state law is a violation of the FDCPA. ) 5 V.S.C.
U692n.
27. 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 to18 Pa.C.S.
~7311 (a)(I) and (2).
28. PlaintiffbeJieves and therefore avers that defendant does not have proper assignments
and/or documentation permitting 5laid defendants to charge interest, fees and/or costs. 18
Pa.C.S. ~73112(b)(I).
29. ThenFDCPAstates that a violation of state law is a violation of the FDCPA. IS U.S.C.
916920. Defendant violated this section of the FDCPA.
30. Plaintiffhelieves and therefore avers that defendant added interest, fees and costs in
violation of state and federal law .
31. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCPA, IS D.S.C. ~1692f(1) and 1692e(2)A and B.
32. There was never 811 express agreement hy Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
33. Defendant's agents discussed the Plaintitrs alleged debt with third parties, including
Plaintiff's cousin.
34. Plaintiff advised the defendant that he paid the alleged debt over 10 years ago.
35. After hearing that statement, Defendant's agent told Plaintifftbat there was no record of
payment and that he owed the alleged debt.
36. At no time did Defendant's agent advise PlaintitThis rights pursuant to the FDCPA.
37. Defendant's initial telephone call was made prior to Plaintiffs receipt of the collection
letters from defendant.
38. During the telephone conversations, Plaintiff explained that Defendant's agent was using
a telephone number that did not belong to Plaintiff and that defendant should cease using
the telephone number.
39. Defendant's agent, Peter Gallo, continued to caU the restricted telephone number asking
for Plaintiff.
40. During the telephone conversations, Defendant's agent told PlaintifIthat a lawsuit could
be filed.
41. 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. g1692f. Defendant violated this section
of the FDCPA.
42. The FDCPA states, a debt colleclor may not use false, deceptive or misleading
representation or means in connection with the col1ection of any debt. 15 U.S.C.
~1692e(5) and (10), ~1692f(8) and ~1692j. De1endant violated these sections of the
FDCPA.
43. The fDC? A states, a debt collector may not discuss the consumers al1eged debt with a
third party. The Defendant violated this section of the FDCPA.
44. 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 debt. 15 V.S.C. ~t692d. Defendant violated this section of the FDCPA.
45. The FDCPA provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 V.S.C. ~1692g. Defendant violated this section of the FDCPA.
46. 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 V.S.C. ~1692e(tO).
47. 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.
48. At all times pertinent hereto, the conduct of defendant as well as their agentCl, servants,
and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton
disregard for federal and state Jaw and the rights of the Plaintiff herein.
-49. The above mentioned acls with supporting cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages.
50. Detendant, in its collection efforts, violated the FDCP A, inler alia, Sections 1692, b, C, d,
e, f, g, h, and/or n.
51, Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
52. That, as a re!:)Ult of the wrongful tactics of defcndanls as aforementioned, plaintiff has
been subjected to anxiety, harassment, intimidation and annoyance tbr 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 Plaintiffstalutory 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.
(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), ac; well as the repetiti ve nature of defendants form letters.
C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
.
rate of$450.00/hour for hours reasonably expended Plaintiffs attorney in
vindicating his rights under the FDCPA, permitted by 15 V.S.C. ~1692k(a)(3).
(D) 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
53. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
54. The Fair Credit Reporting at, 15 U.S.C. ~1681b prohibits the improper use of a
consumer's credit information.
55. 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.
56. Plaintiff believes and therefore avers that the defendant reviewed Plaintit'rs credit report
without proper authority or assignment of the aUeged 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 oCOne Thousand Dollars
($1,000.00) for each violation of the FCRA or each separate and discrete incident
in which defendants have violated the FeRA. 15 U.S.C. ~1681n(a){l)(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 a.~ the repetitive nature of defendants fonn letters.
tIS 9: b:1
~
Go) .S c 'l~
ce e
- -NOO
tn ...... OC ~O~
...... e \0
- Loot-a-
e (Q> 0_ ,.
0 ~ OC
~ ~<N a
0 ~~
~ II) g~~~~
.sa ~
.~ r- 0.
~ ~<..&~@
l ~ 8 u~ ~
l ~'~~5
Or-o
Q C'\ 0
tb ~ 15'0
o M ClS
.S ~~ ~
~ lP .:l ~r:r.
..-. ...... .. o .'
g :0. <( ~Q~=a
.... \ g o~e
g .. U I.Q i- rJ.1
.::; J;W ;t;or:-
~ ... ~
'.:::1 ~ -
.... ~
......
en ,g
::S ... S
~ ~ :I)
f/l ~ ~
~ ~ .~
0
0 en
~ ~ :a
0 ~
1;: ~
'a ..;::!
ii: ~
1 ~ :.a
3 s '-C
e '> 0
--
< <::>
~
-
-
G ..
1
0
r---:.
t:::.:>
~:3
o
-n
.~
I-n
rl1 ---
c::
:90
..",) ,
=~ (~\
!~;~~
: .)
:-j
.".,.
<'n
=<
'-
....,-.-::=
..,..,~tt"
...:..~
f'-'>
v::J
1'.)
.,;;.'-