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Home My WebLink About06-6786 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Nichole Hammaker Enola Drive Enola, P A 17025 Plaintiff(s) & Addresses Bureau of Account Management 3607 Rosemont Ave., Suite 502 Camp Hill, PA 17001 ~ Cfr; -. (P 7ttf (!;v'lt 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 -1JJJwJAh Signature of Attorney Dated: /1,. 4. r~'OtJ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Dated: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HA VE COMMENCED AN ACTION AGAINST YOU. ~ .U.A~ A LJ ... f.. '7-7/ Prot onotary Bc3Kp J ~~ /1- .Jf-(Jb ~~ ~ ~XJt (A Z ~\~ ~ ~~ \.Y ' ~ 8 3: ~Cti fn :.::0 Zr en"" ~f;. ~':C' L.. ". " ...::0 .......c z =<! ~ ~ c::::t CI"\ :z c -< N (;X) :1> ::v: 9 N o ~ ~::n -om ~?( . --4 J -r"T' c,-rl 0- 2:0 om ~ -< ~ v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ . ~/JJAJ: . ~ ' NOTICE TO PLEAD 0& -. Co 7 ?C ~ 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 IMMEDIATAMENTE. S1 NO T1ENE ABOGADOO S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10N, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA DIRECCION SE PUEDECONSEGU1R ASISTENCIA LEGAL. " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Nichole Hammaker, Plaintiff, v. Civil Action No.: O(P-(P7g~ CIVIL Bureau of Account Management Defendant. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 D.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 3607 Rosemont Avenue, Suite 502, Camp Hill, PA 17001-8875. 3. On or about September, October 2006 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 FDCP A. 15 U.S.C. 11692a(6). 5. Defendant sent letters and made telephone calls to Plaintiff in September, 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. 15 U.S.C. ~ 1692a(5).. (Hereinafter the "alleged debt.") 7. Defendant communicated with plaintiff on or after one year before the date of this action, in connection with collection efforts, by letters, telephone contact or other documents, .. with regard to plaintiffs alleged debt. 8. 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. 92270 et seq. 14. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. 92270.4(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 of37 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 Plaintiffs 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 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 18. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 19. Jurisdiction for this action is asserted pursuant to the Pennsylvania Vnfair Trade Practices and Consumer Protection Law, 73 P.S. S201-1 et seq. 20. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by VTPCPL. 21. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on 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 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 V.S.C. g1692, et seq. ("FDCPA"), particularly 15 U.S.c. SI692k(d) and 28 V.S.C. g1337. 24. Venue lies in this District pursuant to 28 V.S.C. 1391(b). 25. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 D.S.C. S 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 to18 Pa.C.S. g7311(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. S73112(b)(1). 28. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. s1692n. 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 D.S.C. SI692f(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. Defendant's agents repeatedly made telephone calls to Plaintiff, on her cell phone, at least daily. 33. Plaintiff informed defendant not to call Plaintiff on her cell phone because it was too expensive. 34. Defendant's agents repeatedly made telephone calls to Plaintiffs mother and father, as well as leave messages on their voice mail. 35. Plaintiff informed defendant that she does not live with her mother and father and that defendant should not contact them. 36. Despite receiving this information, the defendant continues to leave messages and contact Plaintiffs mother and father, as late as in November 2006. 37. Plaintiff believed that her health insurance paid the alleged debt. 38. Plaintiff advised defendant to submit the alleged debt to the health insurance carrier or in the alternative, Plaintiff gave defendant the information of the responsible party. 39. Despite receiving this information, defendant's agents continue to harass Plaintiff at her mother and father's house as well as on her cell phone. 40. Plaintiff carries her cell phone to work, for emergencies because she has a baby with health issues, as such, the phone frequently rings at work. 41. Despite informing defendant about the insurance and alternate responsible party, Plaintiff asked if she could start making payments, just so the telephone calls would stop. 42. Defendant's agent refused to accept a partial payment. 43. At no time did Defendant's agent advise Plaintiff her rights pursuant to the FDCPA. 44. Defendant's initial telephone call was made prior to Plaintiffs receipt of collection letters from defendant. 45. 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. g 1692f. Defendant violated this section of the FDCP A. 46. The FDCP A states, a debt collector may not use false, deceptive or misleading representation or means in connection with the collection of any debt. 15 U.S.c. ~1692e(5) and (10), ~1692f(8) and g1692j. Defendant violated these sections of the FDCP A. 47. 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. 48. The FDCP A states, a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. 15 D.S.C. ~ 1692d. Defendant violated this section of the FDCP A. 49. The FDCPA 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. 50. 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. gI692e(5), 15 D.S.C. 91692e(10). 51. 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. 52. 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. 53. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 54. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 55. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 56. 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) A ward Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. C) A ward Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $450 .001hour for hours reasonably expended Plaintiff's attorney in vindicating his rights under the FDCP A, 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 57. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 58. The Fair Credit Reporting at, 15 D.S.C. ~1681b prohibits the improper use ofa consumer's credit information. 59. 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. 60. Plaintiff believes and therefore avers that the defendant reviewed Plaintiff's credit report without proper authority or assignment of the alleged debt. '" WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FCRA or each separate and discrete incident in which defendants have violated the FCRA. 15 V.S.C. ~1681n(a)(I)(A). (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. C) A ward Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of$450.00/hour for hours reasonably expended Plaintiff's attorney in vindicating his rights under the FDCP A, permitted by 15 Dated: 11/30/06 By: IslD c 0 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 o c: :f:' ,...., e:.~ c:::> <:::f" o r<"'l c-> 1 ...J (0 ,.,.. ::;::. - -- o 1'1 ..-\ ::r:..,., rnF, :f\~\, L. .'~n '~,t:: ~~~ ~\ ~)D :..-<. C...:> -....\ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nichole Hammaker, Plaintiff, v. Civil Action No.:06-6786 Bureau of Account Management Defendant. PRAECIPE TO WITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through her counsel, Dealma Lynn Saracco, and files this Praecipe to Withdraw the above captioned matter, with prejudice as the parties have amicably settled their dispute. This case should be discontinued and you may mark this case CLOSED. Respectfully submitted, Dated: 1/26/07 j)~- Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive Enola, PAL 7025 717-732-3750 Certificate of Service: I hereby certify that I served, via hand delivery, a copy of the forgoing, on the defendant as follows: Jeffrey C. Turner Surdyk, Dowd & Turner Co., LP A Kettering Tower 40 North Main Street, Suite 1610 Dayton, OH 45423 Dated: 1/26/07 ~ Deanna Lynn Saracco ~ <;3 -r"\ rr1 CP \ 0'"\ ......, ~ ~ .-\ ?ft~ '''1.'1\:!.'' -;0 '--r. :,~.)o ~""'l"' ,...t:~4 c::rO\'i .~.,. '1 ..;:,; n . ":,:':, "Z; ~ \;'? r0 o