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Home My WebLink About06-7021 [t. 7tJdl ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Joseph A. Thorn 506 Magaro Road Enola, P A 17025 Account Solutions Group, LLC 205 Bryant Woods South Amherst, NY 14228-3609 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. Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@ao1.com iP -P-~AO ~~~ Signature of Attorney Dated: I d- I ~_ ~ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLA COMMENCED AN ACTION AGAINST YOU. Dated: ~ _ 7. ~ By: Deputy 1 ~ ~ \\ tv ~ ~ ~ 19. ~ ~ \C \ \ ~ \ \" ~~~ ~ ~ ~ ~ ~ ~p Cj . . j ,..." :i! "' n rt1 'TJ , .~fJhl ::fJ ~; ! :Ji::") -1' ('-~ _ ':"" c": 2 .. (~(~ ...j :-i __" .s:- ~ m ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Joseph A. Thorn, Plaintiff, v. Civil Action No.: 06-7021 Account Solutions Group, LLC, Defendant. 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 plaza 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 1MMED1ATAMENTE. S1 NO T1ENE ABOGADOO SI NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10N, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE PUEDECONSEGUIR ASISTENCIA LEGAL. ,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Joseph A, Thorn, Plaintiff, v. Civil Action No.: 06-7021 Account Solutions Group, LLC, Defendant. COMPLAINT 1. Plaintiffis an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.C. sI692a(3). 2. Defendant Account Solutions Group, (hereinafter Defendant, is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 205 Bryant Woods South, Amherst, New York, 14228. 3. On or about September, 2006, Defendant contacted Plaintiff by U.S. Mail and/or 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, 11692a(6). 5. Defendant sent letters and/or made telephone calls to Plaintiff in September 2006 and October, 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 was collecting an alleged debt relating to a consumer transaction, pursuant to 15 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, beligerent, insulting and harassing to the Plaintiff. 11. Plaintiff believes and therefore avers that agents of Defendant discussed his alleged debt with a third party, without his consent. 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 - PENNSYL VANIA 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. g2270 et seq. 17. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. g2270.4(a). 18. 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 Sg303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. S201-2(4). 19. Defendant's acts as described herein were done with malicious, intentional, willful, k' 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 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 - 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 D.S.C. S1692, et seq. ("FDCPA"), particularly 15 U.S.C. gI692k(d) and 28 U.S.C. g1337. 23. Venue lies in this District pursuant to 28 U.S.C. 1391 (b). 24. The FDCP A states that a violation of state law is a violation ofthe FDCP A. 15 U .S.C. S 1692n. 25. 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)(I) and (2). 26. 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)(I). 27. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. g 1692n. Defendant violated this section of the FDCP A. . .: 28. Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law. 29. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.c. 91692f(1) and 1692e(2)A and B. 30. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 31. 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. 91692f. Defendant violated this section of the FDCP A. 32. 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. S 1692e( 5) and (l0), S 1692f(8) and 9 1692j. Defendant violated these sections of the FDCP A. 33. Agents of the defendant discussed Plaintiff's alleged debt with a third party, without his consent. 34. During the course of conversations with agents of the defendant, Plaintiff requested information regarding the creditor, amount of the alleged debt and the address of the defendant. 35. The agent, identifying himself as Mr. Morris, said that he could not answer any of the questions an purported to place a supervisor on the telephone. 36. Mr. Steve Peters, purporting to be a supervisor, said that he could not give the Plaintiff any information and that he could not give the address of the collection agency, only that the collection agency was in Buffalo. .. 37. Plaintiff requested an address to dispute the alleged debt and both Mr. Morris and the purported supervisor, Mr. Peters, refused to give Plaintiff a mailing address in order to dispute the alleged debt in writing. 38. Plaintiff believes and therefore avers that he does not owe the alleged debt. 39. To date, no debt collector has been able to validate the alleged debt. 40. The FDCPA states, a debt collector may not discuss the consumers alleged debt with a third party. The Defendant violated this section ofthe FDCP A. 41. 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 U .S.C. ~ 1692d. Defendant violated this section of the FDCP A. 42. The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. S1692g. Defendant violated this section of the FDCPA. 43. 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. sI692e(5), 15 D.S.C. sI692e(10). 44. 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 oftheir employment, and under the direct supervision and control of the defendants herein. 45. 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. 46. The above mentioned acts with supporting cases demonstrates that the conduct of defendant rises to the level needed for punitive damages. . i" 47. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 48. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 49. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiffhas 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 FDCP A or each separate and discrete incident in which defendants have violated the PDCP 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 50. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 51. The Fair Credit Reporting at, 15 U.S.C. S1681b prohibits the improper use of a J' consumer's credit information. 52. 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. 53. 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) A ward 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 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 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 Plaintiffs attorney in Dated: 1/3/06 vindicating his rights under the FDCPA, ~168In(3)c). By: /sIDe. ara Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, P A 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@ao1.com o c: <~ ~l ef~ t:T'pt ",,-'::,:1 ~j~:~ ',.' -,.... .- r~ < ~~~ " :::.2 ....., = = ~ <- ):::Po Z I CO -0 :x N .. ~ ~ r"~ :-0 (3. --..0 ~S:H ..iS~ s;! ::0 -< C.n \.D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Joseph A. Thorn, Plaintiff, v. Civil Action No.: 06-7021 Account Solutions Group, LLC, Defendant. PRAECIPE TO WITHDRAW WITH PREJUDICE And now comes Plaintiff, by and through his counsel, Deanna Lynn Saracco, and files this Praecipe to Withdraw with Prejudice, 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: 2/23/07 !JIJ- Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive Enola, P A 17025 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: James Duke, Esquire Account Solutions Group 205 Bryant Woods South Buffalo, NY 14228 Dated: 2/23/07 ~ Deanna Lynn Saracco t'-..:l = = --' o -n ~-n f"l1p ~~~ ~~: r._ -r1 ~a(c-;, .<."- rn s~ ~ ~ - -""" ~flI :;::0 I CO -..... '..." -- "':';,,,," y? o (.,)