The URL can be used to link to this page

Home My WebLink About06-6785 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Mary Lou Matsko Village Square Dr. W. Mechanicsburg, P A Plaintiff( s) & Addresses First National Collection Bureau, Inc. 610 Waltham Way, Sparks, NV 89434 ~..tJ~~ ~ 7%S' &il Defendant( s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to (X ) Attorney ( ) Sheriff. Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com IJ 14~.JL-f1 A' A Sigrtature of Attorney Dated: /I~;<r--D(; WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Dated: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASIHA VE COMMENCED AN ACTION AGAINST YOU. C .' i? ~/iA1L<J ~ Prothonotary ~U B2:~}" I) /~6.1~ / < D uty I{- de -r)G, ~~~ -"""'J ~ \J . ~\ y ~ :J ~ , , ~ g s:: -00.'1 "1(1, Z",; -... i::" ',;', Cl.!"J> !~e"; ).:> C' ZcS >c: ~ ~ r-.) c::;:) c:::t Q'"' :z: o < N OJ ~ ~21 ~.~ ~,; ~. :l:! . (") --m ~ ~ :J::lo :Jot 9 (t'\ .. ~UJ V ~~.~ ~'~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 04-~7~S ~.~ NOTICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, P A 1-800-990-9108, 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de 1a fecha de 1a excrita 0 en persona 0 por abogado y archivar en 1a 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 cua1quier queja 0 a1ivio que es pedido en 1a peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. 51 NO T1ENE ABOGADOO S1 NO T1ENE EL DINERO SUFIC1ENTE DE PAGAR TAL SERV1CION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR AS1STENCIA LEGAL. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Mary Lou Matsko, Plaintiff, First National Collection Bureau, Inc. Defendant. Civil Action No.: O(P - (p 7 <65 CIVIL v. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.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 610 Waltham Way, Sparks, New York, 89434. 3. On or about September and October 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 U.S.C. I 1692a(6). 5. Defendant sent letters and made telephone calls to Plaintiff in September and October 2006, which are "communications" relating to a "debt" as defined by 15 U.S.C. 1 I 692a(2). 6. At all pertinent times hereto, the defendant alleged that Plaintiff, owed a consumer debt. 5 U.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 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, be1igerent, 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 - PENNSYL VANIA 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 FCEU, 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 FCEU and the regulations, including but not limited to, violations of 37 Pa.Code SS303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. S201-2(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 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 PROTECTlON LAW 19. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 20. Jurisdiction for this action is asserted pursuant to the Pennsylvania Vnfair Trade Practices and Consumer Protection Law, 73 P.S. S201-l et seq. 21. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by VTPCPL. 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 Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. S201-902. 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. S1692, et seq. ("FDCPA"), particularly IS V.S.C. SI692k(d) and 28 V.S.C. S1337. 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. 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 tol8 Pa.C.S. s7311(a)(I) 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. S73112(b)(1). 29. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 D.S.C. S I 692n. Defendant violated this section of the FDCP A. 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 and/or costs in violation of the FDCPA, 15 D.S.C. S1692f(1) and 1692e(2)A and B. 32. There was never an express agreement by Plaintiffto pay any additional fees, cost or interest to Defendant or any of its agents. 33. Plaintiff advised the defendant that she paid the alleged debt over 10 years ago. 34. After hearing that statement, Defendant's agent told Plaintiff that there was no record of payment and that she owed the alleged debt. 35. At no time did Defendant's agent advise Plaintiff her rights pursuant to the FDCPA. 36. Defendant's initial telephone call was made prior to Plaintiffs receipt of collection letters from defendant. 37. During the telephone conversations, Defendant's agent told Plaintiff that if she did not pay the alleged debt, her wages would be attached. 38. During the telephone conversations, Defendant's agent told Plaintiffthat a lawsuit could be filed. . 39. The FDCPA states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 D.S.C. S1692f. Defendant violated this section of the FDCP A. 40. 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. ~1692e(5) and (10), ~1692f(8) and S1692j. Defendant violated these sections of the FDCP A. 41. The FDCP A states, a debt collector may not discuss the consumers alleged debt with a third party. The Defendant violated this section of the FDCP A. 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 debt. 15 D.S.C. ~1692d. Defendant 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 D.S.C. ~1692g. Defendant violated this section of the FDCPA. 44. 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 D.S.C. sI692e(5), 15 D.S.C. sI692e(10). 45. 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. 46. 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. .. 47. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 48. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 49. Defendant, 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 defendant 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) 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 15 US.C. S 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 51. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 52. The Fair Credit Reporting at, 15 V.S.C. S 1681 b prohibits the improper use of a consumer's credit information. 53. Plaintiff believes and therefore avers that the defendant reported false, misleading and/or inaccurate information on Plaintiffs credit report, without first validating the alleged debt. 54. 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 ofthe FCRA or each separate and discrete incident in which defendants have violated the FCRA. 15 V.S.C. s168In(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 Plaintiffs attorney in vindicating his rights under the FDCP A, P. Dated: 11/30/06 By: /s Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, P A 17025 Tel. 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com (") S'; -::....,... ,......, = c? CJ' d r1 ('") I -J v ~ :? _M"'" rnp -.-, tc'! -';,: CJ ;~f\ (~?! FINEMAN KREKSTEIN & HARRIS, P.C. BY RICHARD J. PERR, ESQUIRE Attorney LD. No. 72883 United Plaza, Suite 1800 30 South 17th Street Philadelphia, P A 19103 PHONE 215-893-9300 FAX 215-893-8739 e-mail: rperr@finemanlawfirm.com Attorneys for Defendant First National Collection Bureau, Inc. MARY LOU MATSKO, Plaintiff COURT OF COMMON PLEAS COUNTY OF CUMBERLAND v. CIVIL NO. 06-6785 FIRST NATIONAL COLLECTION BUREAU, INC., Defendant JURY TRIAL DEMANDED PRAECIPE OF NOTICE OF REMOVAL You are directed to take notice that the above action has been removed to the United States District Court for the Middle District of Pennsylvania at 4:07-cv-00001-JEJ, pursuant to the attached Notice of Removal filed with the Clerk of the United States District Court for the Middle District of Pennsylvania on January 2,2007. A copy of the Notice of Removal is attached hereto as Exhibit 1. By ,,' . P_ERR, 'ESQUIRE for Defendant Dated: January 5. 2007 {00025070;v I} CERTIFICATE OF SERVICE I, RICHARD J. PERR, ESQUIRE, hereby certify that on this date I served a true and correct copy of the foregoing Praecipe of Notice of Removal electronically or by first class mail, postage prepaid, on the following: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 saraccolaw@aol.com Attorneys for Plaintiff Dated: January 5. 2007 {00025070;v I} Farrell Macklin From : PAM DEfiI ingstat@pamd.uscourts.gov Sent: Wednesday, January 03,20079:31 AM To: pamd_ecCnef@pamd.uscourts.gov Subject: Activity in Case 4:07 -cv-00001-JEJ Matsko v. First National Collection Bureau "Notice of Removal" ***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Middle District of Pennsylvania Notice of Electronic Filing The following transaction was received from Richard J. Perr entered on 1/3/2007 at 9:30 AM EST and filed on 1/2/2007 Case Name: Matsko v. First National Collection Bureau Case Number: 4:07-cv-l Filer: First National Collection Bureau Document Number: 1 Docket Text: NOTICE OF REMOVAL by First National Collection Bureau from Cumberland County Court, case number 06-6785. (Filing fee $ 350 receipt number 935116), filed by First National Collection Bureau. (Attachments: # (1) Exhibit(s) # (2) Civil Cover Sheet)(lg, ) The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=1/3/2007] [FileNumber=1469638-0] [9d1366af503a75000eOe14cfSc725938ged4b97ce8726fc974e6ale7cfD958f53052 fS29c9360fff599bfl c632be03 89bfl2dbdd061 acc4d3 7bfD46d904cc36a]] Document description:Exhibit( s) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=1/3/2007] [FileNumber=1469638-1] [2998c93d2d8a2fde39d2d52fdeac5656eb696e2e215cle54b03ff696c83299dc043c 08b43926234efaae851gelad1561e455505d646a4b0998290cea77fS044c]] Document description:Civil Cover Sheet Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=1/3/2007] [FileNumber=1469638-2] [733bd96006544a5239fDf3b974385aa8394d7896a2ba480d846b874afD85bd666dc4 dae81e480ade95277e63192416d8f4b27c73025a894f6b85b71191clf72b]] 4:07-cv-l Notice will be electronically mailed to: 1/3/2007 Richard J. Perr rperr@finemanlawfirm.com Deanna Lynn Saracco saraccolaw@ao1.com 4:07-cv-l Notice will be delivered by other means to: 1/3/2007 -------- EXHIBIT 1 Filed 01/02/2007 Page 1 of 1 JS44 (Rev. 07/89) Case 4:07-cv-00001-JEJ Document 1 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 rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THIS FORM.) I (a) PLAINTIFFS MARY LOU MATSKO (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Cumberland (EXCEPT IN U.S. PLAINTIFF CASES) c) ATTORNEYS (FIRM NAME. ADDRESS, AND TELEPHONE NUMBER) . Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 PHONE 717-732-3750 FAX 717-728-9498 II. BASIS OF JURISDICTION (PLACE AN X IN ONE BOX ONLY) 181 3 FEDERAL QUESTION (U.S. Government Not a Party) o 1 U.S. GOVERNMENT Plaintiff o 2 U.S. GOVERNMENT Defendant o 4 DIVERSITY (Indicate Citizenship of Parties In Item III) DEFENDANTS FIRST NATIONAL COLLECTION BUREAU, INC. COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED ATTORNEYS (IF KNOWN) Richard J. Perr, Esquire Fineman Krekstein & Harris, P.C. 30 S. 17'h St., Suite 1800, Philadelphia, PA 19103 PHONE 215-893-8724 FAX 215-893-8739 EMAIL: rerrfinemanlawfirm.com III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACEANXINONEBOX (For Diversity Cases Only) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) PTF DEF PTF DEF Citizen otThls State 01 01 Incorporated or Prlncipal Place 04 04 of Business In This State CItizen of Another State 02 02 Incorporated and Prlnclpal Place 05 05 of Business In Another State Citizen or Subject of a 03 03 Foreign Nation 06 06 Foreign Country IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) Fair Debt Collection Practices Act, 15 U.S.C. SS 1692, et seq. V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) CONTRACT TORTS FORFBTU~PENALTY BANKRUPTCY OTHER STATUTES o 110 Insuranoe PERSONAL INJURY PERSONAL INJURY C 610 AgricuKure C 422 Appeal C 400 Slate D 120 Marine o 310 Airplane a 362 PersonaIlnjUIY- o 620 Other Food & Drug 26 USC 156 Reappol1ionment D 130 Mill... Act o 625 Drug Related Seizure of o 423 Withdrawal 0410 Antitrust o 140 Negotiable Instrument C 315 Airplane Product Mad MalpractJce Property 21 USC 861 28 USC 157 a 430 Banl<s and Banking o 150 Recovery of Overpayment liabiHty o 365 PersonallnjUIY- o 630 Uquor Laws o 450 Commerce/ICC Ratesletc. & Enbrcement of o 320 Assaull. Libel & Product Liability o 640 R.R. & Trucl< PROPERTY RIGHTS C 460 Deportation Judgment Slander o 368 Asbestos Personal o 650 Airline Regs a 820 Copyrights o 470 Racl<eteer Influenced and CI 151 Medicare Act a 330 Federal Employers' Injury Product C 660 Occupational o 830 Patent Corrupt Organizations o 152 Recovery of Defaulted UabiHty Liability SafetylHeallh 0840 Trademar1< o 810 Selective Service Sludent loans a 340 Marine PERSONAL PROPERTY o 850 SecuitieslCommoditiiesl (Excl. Velerans) o 345 Marine Product o 690 Olher SOCIAL SECURITY Exchange o 153 Recovery of Overpayment LiabiHty a 370 OIher Fraud 0861 HIA(1395ff) o 875 Customer Challenge o 350 MoIor Vehide o 371 Truth in lending of Veteran's Benefits o 355 MoIor Vehide o 380 Olher Personal LABOR o 862 Blad< lung (923) 12 USC 3410 o 180 Stockholders' Suils Product Liability Property Damage o 863 DIWClDIWW (405(g)) o 891 Agricultural Acts o 190 Olher Contract o 360 OIher Personal C 385 Property Damage C 710 Fair labor Standards o 664 SSID Title XVI o 892 Economic Stabilization o 195 Contract Product Liability Injury Product Liability Act o 865 RSI (405(g)) o 893 Environmenlal Matlers o 720 laborlMgmt. o 894 Energy Allocation Act Relations FEDERAL TAX SUITS o 895 Freedom of Information Act REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS o 730 laborlMgmt. o 870 Taxes (U.S. Plantiff o 900 Appeal of Fee Delermination o 210 land Condemnation o 441 Voting o 510 Motions to Vacate Reporting & or Defendant) Under Equal Access to Disclosure Ac\ o 871 IRS-Third Party Justice D 220 Foreclosure o 442 Employment Sentence o 740 Railway labor 26 USC 7609 o 950 Constitutionality of o 230 Rent lease & Ejectment o 443 Housing Habeas Corpus: Ad Slale Stalutes o 240 Torts to Land Acoommodations 0530 General o 790 OIher labor 181 890 Other Statutory CI 245 Tort Productliabilily o 444 Welfare 0535 Dealh Penally Lillgation Actions o 290 Al Olher Real Property o 440 Other Civil Rights o 540 Mandamus & Olher o 791 Empl. Ret. Inc. o 550 Olher Security Act VI. ORIGIN o 1 Original Proceeding rgJ 2 Removed from State Court (PLACE AND X IN ONE BOX ONLY) o 3 Remanded from 0 4 Reinstated or Appellate Court Reopened o 5 Transferred from another district (s pacify) o 6 Mullidislrict 0 7 Appeal 10 District Litigation Judge from Magistrate Judgment Check YES only if demanded in complaint: JURY DEMAND: I2IYES 0 NO VII. REQUESTED IN COMPLAINT: 0 VIII. RELATED CASES(S) IF ANY NONE CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 (See instructions): JUDGE DEMAND $ DOCKET NUMBER DATE January 2, 2007 SIGNATURE OF A TIORNEY OF RECORD S/Richard J, Perr, Esquire UNITED STATES DISTRICT COURT Case 4:07 -cv-00001-JEJ Document 1 Filed 01/02/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA MARY LOU MATSKO, Plaintiff CIVIL ACTION v. NO. FIRST NATIONAL COLLECTION BUREAU, INC.,: Defendant WRY TRIAL DEMANDED NOTICE OF REMOVAL Defendant FIRST NATIONAL COLLECTION BUREAU, INC. (hereinafter referred to as "FNCB"), by its undersigned counsel, hereby petition this Court as follows, pursuant to 28 U.S.C. ~ 1441(b): 1. FNCB is a defendant in an action pending in the Pennsylvania Court of Common Pleas for Cumberland County, Civil No. 06-6785 ("the State Court Action"). FNCB received a copy of the Complaint on or about December 1,2006. A true and correct copy of the Complaint in the State Court Action is attached hereto as Exhibit "A". 2. Plaintiff in the State Court Action is Mary Lou Matsko. See Exhibit "A". 3. Plaintiffs State Court Action alleges violations of the Fair Debt Collection Practices Act, 15 U.S.c. ~~ 1692, et seq. 4. The State Court Action involves a question of federal law. Pursuant to 28 U.S.c. 9 1441(b), "Any civil action of which the district court shall have original jurisdiction founded on a claim or right arising under. . . the laws of the United States shall be removable." 5. Since this case arises out of an alleged violation of the Fair Debt Collection Practices Act, 15 U.S.c. 99 1692, et seq., this Court may properly remove the State Court Action based on 28 U.S.C. S 1441(b). Case 4:07 -cv-00001-JEJ Document 1 Filed 01/02/2007 Page 2 of 3 6. This Notice has been filed with the Court within thirty (30) days after purported service of the Complaint on defendant FNCB. WHEREFORE, defendant First National Collection Bureau, Inc., prays that the State Court Action be removed from the Pennsylvania Court of Common Pleas for Cumberland County, Civil No. 06-6785, to this Court for proper and just determination. FINEMAN KREKSTEIN & HARRIS, P.C. By s/Richard 1. Perr RICHARD 1. PERR, ESQUIRE (P A No. 72883) 30 South 1 ih Street, Suite 1800 Philadelphia, PA 19103-4005 (v) 215-893-9300 (f) 215-893-8739 e-mail: merr@finemanlawflrm.com Attorneys for Defendant Tate & Kirlin Associates Dated: January 2.2007 2 Case 4:07 -cv-00001-JEJ Document 1 Filed 01/02/2007 Page 3 of 3 CERTIFICATE OF SERVICE I, RICHARD J. PERR, ESQUIRE, hereby certify that on this date I served a true and correct copy of the foregoing Notice of Removal electronically or by fIrst class mail, postage prepaid, on the following: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 saracco lawuvaol.com Attorneys for Plaintiff s/Richard J. Perr RICHARD 1. PERR, ESQUIRE Dated: January 2. 2007 3 Case 4:07-cv-00001-JEJ Document 1 Filed 01/02/2007 Page 1 of 9 EXHIBIT A Case 4:07-cv~00001-JEJ Document 1 Filed 01/02/2007 Page 2 of 9 1""-.... ,ro. . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NOTiCE TO PLEAD TO THE DEG~AN~ NAMED BERE+N: 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 twen~ (20) dav, after this Compl$int is served, by entering a written appearance personally or by attorney and filing in writin9 with the court your defenses or objections to the claims set forth aqainst you. You are warned that if you fail to do so, the case may proceed wltho~t 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 prop&rty or other rights important to you. YOU SHOULD ~AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 1'0 OR. TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland COUJltr ,Bill' AsoociatioD 32 S. Bedford Str~ei, Carlisle, P A 1.800.990-9108,717-249-3166 NO'l'"1C :D\ La han demandado a usted en 1a corte. 51 u~ted quire defenderse d~ estas demandas expu~tas en 1a8 pa9in~s siquientes, u~t~d tiene v~ente (20} dias de plazo al partir de 1a fecha d~ la exc~ita o.en persona 0 por abogado y archivar en 1& corte en for~. Bxcrita $U6 detensas 0 sus objeotiones alas d~~ande, la cort. tomara medidas y pueda eotrar una o~den contra u$ted ~in previo avi~o 0 not1ticacion y por Qu~lquier qUQja 0 a11viQ que es pedido en lQ petioion de demanda. Osted pu~de perd&r dinero 0 ~~~ propi~dad.s 0 otros derechos importante~ para ~~t~d. LLEVE ESTA DEOOANOA A UN ABOGADO IMMtorATAM~NTE. Sl NO TIEN~ ABOGADOO 51 NO TIENt EL DINERO SU#ICIENTE ot ~~GAR TAL SE~VICIO~, VAYA EN PERSO~A 0 LLAM~ POR T~LEFONO A LA OFICINA COYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. t't/se 39'Vd lEZ8etEI99 vS:!T 900llb~/~1 .Case 4:07-cv-00001-JEJ Document 1 Filed 01/02/2007 Page 3 of 9 ...-..... ,.--. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V.ANIA Mary Lou Matsko. Plaintiff, First National Collection Bureau~ Ine; '~~.;j;!~;i : ~:i] . . ... Defendant. ':' :,. ~ :t;~: : Civil Action No.: 0 (p - (p 1 g-S '! ~! ~.J!J. <- I ,~';...*:'r7'...~,' v. II' .,1 .., COMPLAINT 1. Plaintiffi$ an individual, residing in tha Commonwealth ofpennsylvanitl. and consumer pursunnttQ 15 U.S.C. s1692a(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 610 W altham Way. Sparks. New York. 89434. 3. On or about September and October 2006, Defendant contacted Plaintiff by U.S. Mail and telephone caJls in an attempt to collect an alleged consumer debt. 4. Defendant is a debt collector as defmed by the state law and the FDCPA, IS V.S.C. 1 1692a(6). 5. Defendant sent letters and made telephone calls to Plaintiff in September and October 2006. which are "communications>> relating to a "debt" as defined by 15 D.S.C. 11692a(2). 6. At all pertinent times bereto, the defendant alleged that PIEtintiff, owed a consumer debt. 5 D.S.C.. S 1692a(5).. (Hereinafter the "alleged debt.") 7. Defendant coRununicated with plaintiff on or after one year before the date of this action. in connection with collection eftorts, by letters, telephone contact or other documents, wIth regard to plaintiff s alleged debt, "'1/90 ::J9~d u:(:sat2ts9 ~g:tt 908~/GlllT Case 4:07-cv-00001-JEJ Document 1 Filed 01/02/2007 Page 4 of 9 .~....... ...-... 8. Plaintiff believes and therefore avers that D~fendant's Ictlers contained false, misleading~ deceptive and/or confusing statements. 9. Plaintiff believes and therefore avers that agents of Defendant. in its telophone communications made false, misleadingJ deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of Defendant, in its telephone COIDmwlicaticms, were rudeJ beligerent. insulting and harassing to the Plaintiff. 11. At all pertinent times hereto, the alleged debt is baned by the statute of limitations. 12. Plaintiff disputes tho alleged debt and ber~by requests proof of the manner in which the aUeged debt was calculated, as is required by s~ and federal law. COUNt 1- PENNSVLV ANIA FAIR CREDIT EXTENSIQN UNIFORMITY ACT 13. Plaintiff hereby incoJporates 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. ~2270 et seq. 15. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. ~2270.4(a). 16. That defendant engaged in unfair methods of competition and unfair or de<:eptive acts or p.ractices> as defmed by FeED and the regulations, including btlt not limited to, violations of37 Pa.Code ~~303.3(3), 303.3(14), 303.3(18)J 303.6 and 73 P.S. ~20 1-2(4). 17. Defendant)s acts as described herein were done with mwicious, intentional. willful, reckless. negligent and wanton disregard for Plaintiff s rights with the purpose of coercing Plaintiff to pay the alleged debt. 1 &. As a result of the above violations.. Plailltitfis entitled to statutory, actual. treble and punitiv~ damages aDd attomey's fees and costs. HILB .39\1d tElse IE tS9 ~9:T{ 90aZ/6~/~1 Case 4:07-cv-00001-JEJ Document 1 Filed 01/02/2007 Page 5 of 9 .,........ ,."-' , WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plainlitrs behalf and against defendant for a statutory penalty, treble damages, punitivt: damag;es, attorney fees and costs pursuant to 73 P.S. 2207.5. COUNT II - PENNSYLVANIA UNFAIR TRADE PRAcrl~S AND CONSUMER PR01"ECTlON LAW 19. Plaintiff hereby incorporates the forgoing as if fully set forth herein. zo. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Conswncr Protection Law> 73 P.S. 9201..1 et seq. 21. Tbat 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 I actual, treble and punitive damages and attomeY-$ fees and costs. WHEREFORE~ plaintiff requests that this Honorable Court issue judgment on Plaintifr s behalf and against defendant for a statutory penalty) treble damages~ pWlitive 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. 1S U.S.C. 9 1692, et seq. ("FDCPAU)) particularly IS U.S.C. 91692k(d) and 28 V.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 V.S.C. ~ 1692n. 27. PlaintiffbeHeves and therefOre averS that defendant does not have proper assignment of t?l/Sg 38Vd tf;~8e IE "Hi 9 VS:!1 9BBZ/5l/l1 Case 4:07-cv-00001-JEJ Document 1 Filed 01/02/2007 Page 6 of 9 .1'.-..... the claim. and is therefore, unable to collect the alleged debt pursuant to18 Pa.C.S. S?31l(a)(l) and (2). 28. Plaintiff bel ieves and therefore avers that defendant does not have proper assignments and/or documentation permitting said defendants to charie interest, fees and/or costs. 18 Pa.C.S. ~73112(bXl). 29. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 D.S.C. ~ 1692n. Defendant violated this section of the FDCP A. 30. Plaintiff believes and therefore avers that detendant added interest, fees and costs in violation of state and federal law . 31. Defendant in its collection effortS, demanded inte,:est, fe~s and/oI costs in. violation of the FDCPAI 15 U.S.C. ~1692f(1) and 1692e(2)A and B. 32. There was never an express agreement by Plaintiff to pay aay additional fees, cost or interest to Defendant or any of its agents. 33. . Plaintiff advised the defendant that she paid the alleged debt Oyer 10 years ago. 34. After hearing that statemen4 Defendant's agent told Plaintiff that there was no record of payment and that she owed the alleged debt. 35. A t no tilDe did Defendant~s agent advise Plaintift' brn rights pursuant to the FDCP A. 36. Defendant's initial telephone call was mad~ prior to Plaintiff's receipt of collection letters from defendant. 37. During the telephone conversations1 Defendant's .agent told Plaintifflhat if she did not pay the alleged debt, her wa.ges would be attached. 38. During the telephone conversations. Defendan1's agent told Plaintiff that a lawsuit could be filed. \l1/&(:l 391:1d LtlSI3 IE 199 ~e:lt ~e@l/6l/l1 Case 4:07-cv-00001-JEJ Document 1 Filed 01/02/2007 Page 7 of 9 .0. _0, .... 39. The pncp A states, It debt collector may not use unfair or uncoI1$Cionable means to collect 01' attempt to collect any debt. 15 U. S. C. ~ 1692f. Defendant violated this section of the FDCP A. 40. The FDCP A states, a debt collector may not use falsel deceptive or mislMding representation or means in connection with the collection of any debt. 1 S U. S.C. ~lo92e(S) and (10)) ~1692f(8) and ~1692j. Defendant violated these sections of the FDCPA. 41. The FDC'P A statest a debt collector IlUly not di$cUSS the consumers alleged debt with a third party. The Defendant violated this section of the FDCPA. 42. The FDCl- 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. 1 S U.S.C. ~ 1692d. Defendant violated this section of the FDCP A. 43. The FDCP A 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 FDCP A. 44. Any threat of litigation is false if the defendant rarely. sues consumer debtors Qr if the defendant did not intend to sue the Plaintiff: Bentl"( v. Great Lakes CoUecti9n Bureau, 6 F.3d 62 (2d Cir. 1998). See also) lS U.S.C. ~1692e(S). 15 U.S.C. ~1692e(lO). 45. At all time pertinent hereto) the defendant was acting by and throuf:h its agents) servants and/or employees) wh() were acting within the scope and course of their employment, and under the direct supervision and cOlltrol of the defen4ants herein. 46. At all times pertinent hereto, the conduct of defendant as well as their agents) servants, and/or employees, was malioious, intentional, willful, reckless) negligent and in wanton disregard for fed~ral and state Law and the rights of the Plaintiff herein. 9~/01 39'i1d If;(;8131E199 ~O:11 9G0G/b~/Zt Case 4:07-cv-00001~JEJ Document 1 Filed 01/02/2007 Page 8 of 9 . ........... 47. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive dam~es. 48. Defendant, in its collection offorts, violated tho FDCP A, imer alia~ Sections 1692, b, <; d, e~ f. g, hI and/or n. 49. Defendant, in its collection efforrs, used false or deceptive acts and intended to oppress and harass plaintiff. 50. Thatl 8S a result of the wrongful ta.ctics of defendants as aforementioned. plaintiff has been sUbjected to anxiety, harassment, intimidation and annoyance for which compensation is sou~t. WHEREFORE, Plaintiffresp~tfuHy requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order: {A) A ward Plaintiff statutol)' damages in the aI110unt of One Thousand Dollars ($1,000.00) for each violation ofllle FDCPA or each separate and discrete incident in which dM'endants have violated the FDCPA. (8) Award Plaintiff general damages and punitive dama~es for anxiety. harassment, and :Intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($lO~OOO.OO), as well as the repetitive nature of defendants form Jetters. C) Award Plaintiff costs of this litigation, including a reasonable attorney I s fee at a rate of S4S0.001hour for hourS reasonably expended Plaintiffs attorney in viudicating his rights under ~he FDCP A, permitred by ] 5 D.S.C. ~1692k(a)(3). (D) Award declaratory and inj\U1ctive relief) and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. "l/H 39t'd ttZ:SBIE:tS9 P~:lt 900l/6Z/~t . . . Case 4:07-cv-00001-JEJ Document 1 Filed 01/02/2007 Page 9 of 9 '---'" COUNT IV - FAIR CREDJT RE"fORTING ACT . 51. Plaintiff hereby incorporates the foregoing as iffully set forth herein. 52. The Fair Credit Reporting at~ 15 V.S.C. ~1681b prohibits the improper 1.1Se of a consumer's credit information. 53. Plaintiff believes and therefore avers that the defendant reported false, misleading and/or inaccurate information on Plainti'ft" s credit report) without first validating the alleged debt. 54. Plaintiff believes and therefore avers that the defendBDt 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 amO\U1t of One Thousand Dollars ($1,000.00) fOr each violation of the FeRA or each separate and discrete incident ill wWch defendants have violated the FCRA. 15 V.S.C. &1681n(a)(1)(A). (B) . Award Plaintiff general cla.mages and punitive damages for anxiety. harassment, and intiJnidation 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 cost! of this litigation, including a reasonable attornets fee at a rate of $450.00/hour for hours reasonably expended Plaintiff"s attorney in vindicating his rights under the FDCPA, p. r 'l1e by 15 D.S.C. ~1681n(3)C). Dated: 11/30/06 By: c Deanna Lynn Saracco1 Attorney for Plaintiff 76 Groonmont Drive, Enola, PA 17025 Tel. 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com t'1/Z1 39'Vd lE2:8B!E1Si9 ~9:rl 90~6/6~j~1 r--..' (.':..:) C' ) ~ ~ "",..Ii :d.~': f1 .-i -,- ;'1"\ a -41 r<' - ~ 1> :.<