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Home My WebLink About06-7020 . a ~ 7tJ:;lCJ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Heather Kauffman, Grandview Drive Enola, PAl 7025 Arrow Financial Services 5996 W. Touhy Ave. Niles, IL 60714 and Corporate Receivables, Inc. P. O. Box 32995, Phoenix, AZ 85064-2995 also located at 500 S. Bicentennial Blvd. McAllen, TX 78501 Plaintiff( s) & Addresses Defendant( s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to (X ) Attorney ( ) Sheriff. ;()j~U~/D Signature 0 Attorney Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com Dated: 1:1- C. - oy, WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PL COMMENCED AN ACTION AGAINST YOU. Dated: ~. /. ~~ By: Deputy ~~ ~, ~ ~ (\ ~ W ~ ~ ~ ':\ V\. ~\ ~ o c <;"'" d3f? ""---. ,..,; .:;:Z::r- (l'] ~r,. ~t:. ~ ~ J"'oo,,) g 0 c::r- -n ~ '~:D ~ =B.~ ~::; 0 ;x:.. "T" "1', ::it Q~ _ ,C) rr~ ;;;:-l .r::- ~ u; .< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Heather Kauffman Plaintiff, v. Civil Action No.: 06-7020 Corporate Receivables, Inc., and Arrow Financial Services, Defendants. NOTICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, P A 1-800-990-9108,717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo 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 previo 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. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. .. .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Heather Kauffman Plaintiff, v. Civil Action No.: 06-7020 Corporate Receivables, Inc., and Arrow Financial Services, Defendants. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.C. S 1692a(3). 2. Defendant Corporate Receivables, Inc., (hereinafter CRI), is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 500 S. Bicentennial Blvd., McAllen, TX 78501. 3. Defendant, Arrow Financial Services, (hereinafter Arrow), is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 5996 W. Toughy Ave, Niles, Illinois, 60714 4. On or about June, July and August, 2006, Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 5. Defendants are debt collectors as defined by the state law and the FDCPA. 15 U.S.C. 11692a(6). 6. Defendants sent letters and/or made telephone calls to Plaintiff in June, July and August, 2006, which are "communications" relating to a "debt" as defined by ] 5 U.S.C. 11692a(2). 7. At all pertinent times hereto, the defendants were collecting an alleged debt relating to a consumer transaction, pursuant to ] 5 U.S.C. S 1692a(5). (Hereinafter the "alleged debt.") ,. ... ~ 8. Defendants communicated with plaintiff on or after one year before the date of this action, in connection with collection efforts, by letters, telephone contact or other documents, with regard to plaintiffs alleged debt. 9. Plaintiff believes and therefore avers that Defendants' letters contained false, misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of the respective Defendants, in their telephone communications made false, misleading, deceptive and/or confusing statements. 11. Plaintiff believes and therefore avers that agents of the respective Defendants, in their telephone communications, were rude, beligerent, insulting and harassing to the Plaintiff. 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. 13. Defendant failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania. 14. Consumers are hurt by these tactics. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 15. Plaintiff hereby incorporates the foregoing as if fully stated herein. 16. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. S2270 et seq. 17. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. S2270.4(a). 18. That defendants engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by FCEU and the regulations, including but not limited to, violations "' of37 Pa.Code SS303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. S201-2(4). 19. Defendants' acts as described ~erein 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. 20. 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 11- FAIR DEBT COLLECTION PRACTICES ACT 21. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 22. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. S1692, et seq. ("FDCPA"), particularly 15 U.S.c. SI692k(d) and 28 U.S.c. S 1337. 23. Venue lies in this District pursuant to 28 U.S.c. 1391(b). 24. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 US.c. S 1692n. 25. Plaintiff believes and therefore avers that defendant Corporate Receivables Inc., does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to18 Pa.C.S. s7311(a)( 1) and (2). 26. Plaintiff believes and therefore avers that defendant Arrow does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa.C.S. s7311(a)(I) and (2). ,. 27. Plaintiff believes and therefore avers that neither defendant has proper assignments and/or documentation permitting said defendants to charge interest, fees and/or costs. 18 Pa.C.S. S 73112(b)(1). 28. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 US.c. S 1692n. Defendants violated this section of the FDCP A. 29. Plaintiff believes and therefore avers that each defendant added interest, fees and costs in violation of state and federal law 30. Defendant Corporate Receivables, Inc., in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.c. sI692f(l) and 1692e(2)A and B. 31. Defendant Arrow, in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 US.c. SI692f(1) and 1692e(2)A and B. 32. Defendant CRI, letter stated in part, Amount; $6,700.34. 33. Defendant, Arrow, letter stated in part, Total Current Due: $7,221.49. 34. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to any Defendant or any of its agents. 35. 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. ~ 1692f. Defendants violated this section of the FDCP A. 36. 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 US.c. S 1692e( 5) and (l0), S 1692f(8) and S I 692j. Defendants violated these sections ofthe FDCP A. 1> 37. To date, no debt collector has been able to validate the alleged debt. 38. 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 U.S.c. S1692d. Defendants violated this section of the FDCPA. 39. The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. S1692g. Defendants violated this section of the FDCPA. 40. 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 U.S.c. sI692e(5), 15 U.S.C. sI692e(10). 41. At all time pertinent hereto, the defendants were acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the defendants herein. 42. At all times pertinent hereto, the conduct of defendants as well as their agents, servants, and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton disregard for federal and state law and the rights of the Plaintiff herein. 43. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 44. Defendants, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 45. Defendants, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 46. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff and against defendants and issue an Order: (A) 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$450.00/hour for hours reasonably expended Plaintiffs attorney in vindicating his rights under the FDCP A, permitted by 15 U.S.c. S 1692k(a)(3). (D) A ward declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. COUNT III - FAIR CREDIT REPORTING ACT 47. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 48. The Fair Credit Reporting at, 15 U .S.c. S 1681 b prohibits the improper use of a consumer's credit information. 49. 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. 50. 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 defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FCRA or each separate and discrete incident in which defendants have violated the FCRA. 15 U.S.c. sI681n(a)(I)(A). (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($ I 0,000.00), 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 Dated: 1/3/06 vindicating his rights under the FDCP A, ~ I n(3)C). By: Is/De Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, P A 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com ,..,., => ~ = .....s <- :i! > z :g~ I co 0 " .;:;;;!..J .~.L """rJ :Jr i:> -n ~ i5Fri --i Ul ~ '-0 -< LEONARD, SCIOLLA, HUTCmSON, LEONARD & TINARI, LLP By: Keith N. Leonard, Esquire, Stephen 1. Labroli, Esquire Attorney I.D. Nos. 32963 and 78737 1515 Market Street, 18th Floor Philadelphia, P A 19102 Telephone: (215) 567-1530 Facsimile: (215) 564-4611 Attorneys for Defendant Corporate Receivables, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER KAUFMAN Plaintiff, DOCKET NO. 06-7020 vs. CORPORATE RECEIVABLES, INC. ET AL. Defendant. ENTRY OF APPEARANCE ON BEHALF OF DEFENDANTS, CORPORATE RECEW ABLES. INC ET AL. TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, Corporate Receivables, Inc. et aI., in the above-captioned civil action. Respectfully submitted, BY Keith N. Le , Esquire Stephen J. Laoroli, Esquire Dated: February 2,2007 \ ,'" CERTIFICATION OF SERVICE I, Stephen 1. Labroli, Esquire, hereby certify that I caused copies of the foregoing attached Entry of Appearance on behalf of Defendants, Corporate Recievables, and of this Certification of Service to be served by having said copies of said pleadings placed in a deposit box of the United States Postal Service for mailing by first class mail, postage pre-paid on February 2, 2007to each of the following parties and/or their counsel at the address following each such party or counsel's name: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 \. 1. Labroli, Esquire DATE: February 2,2007 2 o c. ?; -tJf:;:',' enl; ~,.. '!) \2 r-'> c;;:1 <:e. -n r"1 eP , Cf' A~"'~ ~:. ~~~ ~4 .-<. ~ ..> o 11 ~ :r::-n fnc -r1tn -;;~9 i~~r~~l :2: ~~:; o -'" ""po ~ ...0 .' CJJ \.0 . UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HEATHER KAUFFMAN, Plaintiff vs. CIVIL ACTION NO. D~- 70AO CORPORATE RECEIVABLES, INC. and ARROW FINANCIAL SERVICES, Defendants NOTICE OF REMOVAL Defendant, Corporate Receivables, Inc., by and through its counsel, Leonard, Sciolla, Hutchison, Leonard & Tinari, LLP, respectfully requests that this case be removed to this Court, that this Court accept jurisdiction of this action, and that this action be placed on the Docket of this Court for all further proceedings as though this action has been originally instituted in this Court, and in support thereof avers the following: 1. This action was initiated by the filing of a Writ of Summons in the Court of Common Pleas of Cumberland County on December 7, 2006, docketed at No. 06-7020. Attached hereto and incorporated herein as Exhibit "A" is a true and correct copy of the Writ of Summons. 2. On or about January 3, 2007, plaintiff filed a Complaint, a true and correct copy of which is attached here to and incorporated herein as Exhibit "B". 3. The Complaint was served on the undersigned Defendant, and corporate counsel for co-Defendant, by certified mail on January 9,2007. 4. The Complaint purports to state a claim on behalf of plaintiff and against the defendants pursuant to, inter alia, 15 U.S.C. S 1692a, the Fair Debt Collections Practices Act. 5. A case asserting a claim for violation of the Fair Debt Collections Practices Act is removable to this Court pursuant to 28 US.C. S 1441(a). 6. This Court has jurisdiction over the cause of action asserted in plaintiff's Complaint pursuantto 28 U.S.c. SS 1331, 1343. 7. This Notice of Removal is being filed within thirty (30) days of the date upon which defendants were served with a copy of the initial pleading setting forth the claim for relief upon which it could first have been ascertained that the case is one that is removable. 8. Co-Defendant, Arrow Financial Services, consents to removal of this case, as indicated below by signature of its corporate counsel. WHEREFORE, Defendants respectfully request that this case be removed to this Court for all further proceedings. Respectfully submitted, ~' Hugh J. Hutchison Attorney LD. No.: 02384 Keith, N. Leonard Attorney LD. No. 32963 Stephen J. Labroli Attorney LD. No. 78737 LEONARD, SCIOLLA, HUTCHISON, LEONARD & TINARI, LLP 1515 Market Street, 18th Floor Philadelphia, P A 19102 (215) 567-1530 Attorney for Defendant Corporate Receivables, Inc. BY: BY: /s Paul C. Ziebert Senior Corporate Counsel Arrow Financial Services LLC 5996 W. Touhy Avenue Niles, IL 60714 (847) 410-3203 EXHIBIT "A" JAN-12-2007 01:15 AM p.et ~ t9~ . 7~~o (J,p,/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANJA Heather Kaumnan, Grandview Drive Enola, P A 17025 Pl,mtifll)) &: Addraues Arrow Financial Services 5996 W. Touhy Ave. Niles, IT. 60714 and Corporate Receivables, Inc. P. O. Box 32995. Phoenix, AZ 850fi4.299~ also located at 500 S. Bicentennial Blvd. McAllen. TX 18501 OftfMd*"(() &: .AIM""...... ptAECIPE lPOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-capdoned action. Writ of Summons shall be Issued and forwarded to ex ) Attomey () Sheriff. Deamta Lynn Saracco, Esquire 76 Oreenmont Drive Eno1a. POJmIylvania 1702S Phone 717-732..3750 SaraocoLaw@aol.com -'1'k~JL~~~ Sipature of Attomey Dated: 1;... 6- tlQ ~ QIi'SUMMONS TO mE ABOVE NAMED DEFENDANT(S): YOU ARllNOTIPIIlD THAT TIlE AJlOW.N.umD PLAINTIFF(S)i;A VB COMMENCED AN ACTION AGAINST YOU. (!IIA~~ _ Protfion~ Dated: n~ _ 7. ~ By: I ....\i~ \,i'''''''; ~ Inr....,wtlenW,' lW*JtmtOStltfl) A4i, :..... of ~Ifl r.nur~ {~~ Pa. ~ -- tll. :c.. 1ft . . ~"'ffi.f L~8 Deputy I 1 i I ~_. ; i i i I I I I i , ; j . L 1-.. ! r r I ( 1 I i l i f i i , I f ! ! I l I I 1 [ I ; I- t- t--- I ! } r I I l I j f t-...- j i I ! I t ! f EXHIBIT "B" JAN-12-2007 01:16 AM p.e<J I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA Heather Kaufftnan Plaintiff, v. Civil Action No.: 06-7020 Corporate Reeeivables, tnc., and Arrow Financial Services , Defendants. ~OMPLAINT i i I ,.. , I I f i ! r I f L L. I L 1. Plaintiffls an individual, residing in the Commonwealth of Pennsylvania. and consumer pursuantto 15 U.S.C. 91692a(3). 2. Defendant Corporate Receivables. Inc., (hereinafter CRI). Is a business entity(ies} engaged in the business of collecting debts in this Commonwealth with its principal place ~ i- f" of business loaued at SOO S. Bicentennial Blvd.. McAllen, TX 78501. 3. Defendant, Arrow Financial Services, (hereinafter AJTow). is a business entity(ies) I i i 1 I i I 1 1 i ; I I I ! I r i r I ! ; ~ L L._ I ! I f I i I i j I engaged in the husiness of collecting debts in this Commonwealth with its principal plaee of business located at 5996 W. Touyhy Ave, Niles. Illinois, 60714 4. On or about June, July and Auaust, 2006, Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. s. DefendantS are debt collectors as defined by the state law and the FDCPA. IS V.S.C. 11692a( 6). 6. Defendants sent letters and/or made telephone calls to Plaintiff in June, July and Auguslt 2006, which arc "communications" relatiog to a "debt" as defined by 15 U.S.C. 11692&(2). 7. At all pertinent times hereto, the defendants were collecting an alleged debt relating to a consumer transaction, pursuant to 15 V.S.C. ~ 1692a(5). (Hereinafter the "alleged debt. '") r I I I !-- j ; I i t'..- I I JAN-12-2007 01:16 AM P.04 ~. i I 8. Defendants communicated with plaintiff on or after one year before the date or this r. action, in connection with collection efforts. by letters, telephone contact Or other documcnts~ with regard to plaintiff's alleged debt. 9. Plaintiff believes and therefore avers that Defendants' letters contained false. misleading, deceptive and/or confusing statements. 10. Plaintiff believes and therefore avers that agents of the respective Defendants, in their i i r' I I ! ! ! f telephone communications made false, misleading, deceptive and/or confusing statements. i L ~ [ i f I r 1- i I l j ! i ; f i i i 11. PlaintiffbeUeves and therefore avers that agents of the respective Defendants, in their telephone communications, were rode, beligerent, insulting and harassing to the Plaintiff. 12. Plaintiff disputes the alleged debt and hereby requestS proof of the manner in which the al1eaed debt was calculated, as is required by state and federal law. 13. Defendant failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania. 14. Consumers are hurt by these tacti{..'S. COUNT I- PENNSYLVANIA tAlB CREDIT EXTENSION UNIFORMJTY ACT J5. Plaintiff hereby incorporates the foregoing as if fully stated herein. Uniformity Act, 73 P.s. g2270 et seq. i i j r". i , ;- ! r I ! ! ! i I 1 I ! r I ! ~ t- ! ! j l i ; ~" 16. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Pair Credit Extension 17. Violatina provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. f2270.4(a). 18. That defendants enpaed in unfair methods of competition and u~fair or deceptive acts or practices, as defined by FeRU and the regulations. including but not limited to, violations L ! I f j p.e~ JAN-12-2007 01:17 AM of37 Pa.Code 3f303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. ~201-2(4). t- I I r I 19. Defendants' acts as described herein were done with malicious, intentional, willful, teckless. negligent and wanton disreaard for Plaintitrs rights with the purpo~ of coeroing PJaintiffto pay the alleged debt. t9UNT u - FAIR DEBT COLLECTION PRACTICES ACT ! i i I I : l I , t.. t- ! j , t. ; l L ! f. , ! I I i 20. As a result of the above violations, Plah,tiffis entitled to statutory. actual, treble and punitive damages and attOnley'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 damaaesl punitive damaps. attorney fees and costs pursuant to 73 P.S. 2207.S. 21 . Plaintiff hereby incorporates the foregoing as if fully set forth herein. 22. Jurisdiction for this-action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. ft692. etse<!. ("FDCPA"). particularly 15 U.S.C. ~J692k(d) and 28 V.S.C. 11337. 23. Venue lies in this Districtpursuantto 28 U.S.C. 1391(b). 24. The FDCPA states that a violation of state law is a violation of the PDCPA. is U.S.C. f 1692n. f' l- I- I ! 25. Plaintiff believes and therefore avers that defendant Corporate Receivables Inc.. does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant totS Pa.C.S. ~731 1 (a)(t) and (2). 26. Plaintiff believes and therefore a"en; that defendant Arrow does not have proper assigrunent of the claim. and is therefore, U1\able to collect the alleged debt pursuant to 18 Pa.C.S. ~7311(a)(t) and (2). j'"" 1 i f ~,_. f f I I ! P.06 JAN-12-20e7 01:17 AM ! [ ! ! 27. Plaintiff believes and therefore avers that neither defendant has proper assignments and/or documentation pennitting said defendants to charge interest, fees and/or costS. 18 Pa.C.S. *73112(b)(l). 28. The FDCPA states that a violation of state law is a violation of the FDCPA. IS U.S.C. 116920. Defendants violated tms section of the FDCP A. 29. Ptaintitrbelieves and therefore avers that each defendant added interest, fees and costs in violation of state and federal law \ ! ;- L I ! and/or costs in violation of the FDCPA, IS U.s.c. fi1692f(1) and I 692e(2)A and B. i i l I 1 I l- i I ! i 30. Defendant Corporate Receivables, lne., in its collection efforts, demanded interest, fees 31. Defendant Arrow, in its collection efforts, demanded interest, fees and/or costs in violation ofthc FDCPA, IS V.S.C. ~1692f(l) and 1 692e(2)A and B. 32. Defendant eRI, letter stated in part. Amount; $6,700.34. 33. Defendant, Arrow, letter stated in part, Total Current Due: $7.221.49. 34. There was never an express 'agreement by Plaintiff to pay any additional fees, cost or interest to any Defendant or any of its agents. " , ~ J i , i t ~ 1 i i t i t j 35. The FDCP A states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. f S U.S.C. *1692f. Defendants violated this section of the FDCP A. 36. The PDCPA states) a debt collector may not use false. deceptive or misleading representation or means in connection with the collection of any debt. 15 V.S.C. , i ! r ! i , f i f ! i 1 t-. i , i , ! t ! ~1692e(S) and (10), ~1692f(8) and ~ 1692j. Defendants violated these sections of the FDCPA. JAN-12-2007 01:19 AM P.07 ; I J I i L ! ~ . 37. To date, no debt collector has been able to validate the alleged debt. 38. 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. t S U.S.C. ~t692d. Defendants violated this section of the FDCPA. 39. The FDCPA provides (lertain rights to the consumer regarding her right to dispute the under the direct supervision and control of the defendants herein. I ! i i ; j i i I ! f- ! i i I J i , l r ; I I f ! i i i i ! f ~ i f i [ allqed debt. 15 U.S.C. ~1692g. Defendants violated this sectionofthc FDCPA. 40. Any threat of litigation is false if the defendant rarely. sues oonsumer debtors or if the defendant did not intend to sue the Plaintiff. Bently v. Oreat Lakes ColleQ,tjon B~ 6 F.3d 62 (2d Cir. 1998). See also, 15 U.S.C. fiI692e(S). 15 U.s.C. U692e(IO). 41. At all time pertinent hereto, the defendants were acting by and through its agent.". servants and/or employees. who were acting within the scope and course of their employment, and 42. At atl times peninent hereto. the conduct of defendants as well as their agents, servants. andlor employees. was malicious, intentional, willful. reckless, negligent and in wanton disregard for federal and state law and the rights of the Plaintiff herein. 43. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed tbr punitive damages. d, e, f. g. h. and/or n. ~ I I I I ! 44. Defendants, in its collection efforts. violated the FDCPA. inJer alia. Sections 1692, b, e. 45. Defendants. in its collection efforts. used false or deceptive acts and intended to oppress and harass plaintiff. ; 1 I I f" I , t ; 46. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has been subjected to anxiety. harassment. intimidation and annoyance for which t... JAN-12-2007 01:18 AM compensation is souaht. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff and against defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount orOne Thousand Dollars ($1,000.00) tor each violation of the FDCP A or each separate and discrete incident in which defendants have violated the FDCPA. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in art amount not less than Ten Thousand Dollars ($10.000.00), as well as the repetitive nature of defendants fonn letters. C) Award Plaintiff costs oCthis litigation, including a reasonable attorney's fee at a rate ofS4S0.00lhour for hours reasonably expended Plaintifrs attorney in vindicating his rights under the FDCPA, permitted by IS V.S.C. ~1692k(a)(3). (0) A ward declaratory and injunctive relief, and such other relief as this Honorable Conn deems necessary and proper or law or equity may provide. COUNT 111- F ~IR CREDIT REPORTING ACT 47. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 48. The Fair Credit Reporting at, IS U.S.C. ~1681b prohibits the improper use ofa consumer's credit infonnaUon. 49. 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 so. Plaintiff believes and therefore avers that the defendant reviewed Plaintiff's credit report , without proper authority or a8sianment of the alleged debt. P.08 !" ~ j ! ~ j I r I t t I I ! t t i I i I I , , i i , , i ! 1 I i I I ~ 1. ~~ t".. I j, i ! . , i 1 I i ~""'" 1 I J. L". ! j ! .. JAH-12-2007 01:1S AM WHEREFORE, Plaintiff respectfully requestS that his Honorable Court enter jud8lllent for Plaintiff and against defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FCRA or each separate and discrete incident in which defendants have violated the FCRA. IS V.S.C. ~168Jn(a)(l)(A). (B) Award Plaitttift'general damages and punitive damages for anxiety, hlll'8Ssment, and intimidation directed at Plaintiffin an amount not less than Ten Thousand Dollars ($ 10,000.00), as well as the repetitive nature of defendant.' Conn letters. C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of$4S0.00lhour for hours reasonably expended PIllintitrs attorney in Dated: 113106 vindicating his rights under the FDCPA, pc . d by t S V.S.C. ~ 1681n(3)C). By: Deanna Lynn Saracco, Attorney for Plaintiff 76 Orcenmont Drive, Enola, PAt 7025 Telephone 717-732.3750 Fax 717-728.9498 Email: SaraccoLaw@aol.com P.09 L i ! i I ! i I ; ! I ~: 1 , j f ! k i 1 i t ! i ! t i I I ! 1._ ""'p,. 111 7' 'oj> (') -;~ 'S ::~ -( (') ~; -tf=-, '" = = --' ~ .-\ :C ::n rl1r- :59 :;r",":. ..1... I",-",C:) :c=B (~a -'c-rn (~ ~ =< -T') m co N o -rJ 3 f...:? o \.P