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Home My WebLink About07-0124 . \ f\1 0 7 - 0 I J- Lj c) J It Jl <7. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nichole Hammaker Enola Drive Enola, PAl 7025 Computer Credit Inc. 640 West Fourth Street Winston-Salem, NC 27113 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@aol.com ~~/(J Sig~ature of Attorney Dated: 1/ f fa 7 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 11 J.' P (( Isl ~ ,.... ~~ Prothonotary Dated: ~ ~ o1<3{) 1 By: dt.CIMAA-~ ~ Deputy ~ ~ ~~~ _ ~ VI, ~ <:l.> C) ..J ~ ~ ~ VI ~ ....,l '-J ~ ~ .:z- (') c .....?:: mer> ~; ;:8 ci:lJ. FS~. ::<::::::c )> ;; ;-=: ):'. ",~, f:: .z. ::;J ... 0 I\.) 1'0.) s ~ i; :r ~ ~Z:o co ::0 ::g ~ i ~ ...... o:n ~ 20 7:' Om ~ (j)/U...PL-1__AQ ( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nichole Hammaker, Plaintiff, v. Civil Action No.: 07-124 Bureau of Account Management 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 1e 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. L1EVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TlENE E1 DlNERO SUFICIENTE DE PAGAR TAL SERVIClON, VAYA EN PERSONA 0 L1AME POR TE1EFONO A LA OFlClNA CUYA DlRECClON SE PUEDECONSEGUlR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT Nichole Hammaker Plaintiff, v. Civil Action No.: 07-124 Computer Credit Inc., Defendant. COMPLAINT 1. Plaintiff are individuals residing in the Commonwealth of Pennsylvania, and consumer pursuant to 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 640 West Fourth Street, Winston-Salem, North Carolina, 27113 3. On or about January 2006, through February 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. ll692a(6). 5. Defendant sent letters and/or made telephone calls to Plaintiff 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 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. 12. Defendant failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania. 13. Defendant overshadowed the FDCPA by contacting Plaintiff by letter, four times, and by telephone call, at least four times, within the 30-day dispute period, and did not afford Plaintiff an opportunity to dispute the alleged debt. 14. Plaintiff informed agents of the defendant that the debt should be covered by health insurance and to date, the claim has not been submitted. 15. Defendant purposefully, intentionally and with disregard to the rights of the Plaintiff, refused to permit Plaintiff to dispute the alleged debt. 16. Consumers are hurt by these tactics. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 17. Plaintiff hereby incorporates the foregoing as if fully stated herein. 18. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. S2270 et seq. 19. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. S2270.4(a). . 20. 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 SS303.3(3), 303.3(14),303.3(18),303.6 and 73 P.S. S201-2(4). 21. 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. 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. 2207.5. COUNT 11- 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 U.S.c. S1692, et seq. ("FDCPA"), particularly 15 U.S.c. SI692k(d) and 28 U.S.C. S 1337. 25. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 26. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U .S.C. S 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 to 18 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 Defendant 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 U.S.C. S 1692n. 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 U.S.c. S1692f(1) and 1 692e(2)A and B. 32. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. 33. The Plaintiff attempted by telephone to obtain validation of the alleged debt. 34. The defendant overshadowed the FDCP A with at least eight communications within the 30-day dispute period and by refusing to explain to Plaintiff the procedure for disputing the alleged debt. 35. The defendant overshadowed the FDCPA with at least eight communications within the 30-day dispute period and by refusing to validate the alleged debt. 36. To date, the Defendant has not validated the alleged debt. 37. The FDCPA states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U .S.c. S 1692f. Defendant violated this section of the FDCP A. 38. 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. s1692e(5) and (10), S1692f(8) and S1692j. Defendant violated these sections of the , FDCP A. 39. Agents of the defendant contacted Plaintiffs mother and discussed the alleged debt with her, without first requesting consent from the Plaintiff. 40. The FOCP A states, a debt collector may not discuss the consumers alleged debt with a third party. The Defendant violated this section of the FDCPA. 41. The FOCP 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. S 1692d. Defendant violated this section of the FDCP A. 42. The FDCP A provides certain rights to the consumer regarding the consumer's right to dispute the alleged debt, 15 U.S.c. S1692g. Defendant violated this section of the FDCP A. 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 US.C. sI692e(IO). 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 of their employment, and under the direct supervision and control of the Defendant herein. 45. At all times pertinent hereto, the conduct ofOefendant 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. 47. Defendant, in its collection efforts. violated the FDCP A, 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 Defendant 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 FDCP A or each separate and discrete incident in which Defendant have violated the FDCP A. (8) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of Defendant 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 IS U.S.C. ~ 1 692k(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. gl681b prohibits the improper use ofa 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 Plaintiff 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 Defendant have violated the FCRA. 15 D.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 ($10,000.00), as well as the repetitive nature of Defendant 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: 1/30/06 vindicating his rights under the FDCP A, permitted by 15 D.S.C. S 1681 n(3)C). By: /s/D~.saracco 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 (") ~~-: ~. r-..:J c;;> = ......J -n r'l co f'..') 0:> ~ -0 ~: -' :I:-n f1'c -08 :,tJ \ ~~ C~)~ (~t'j 3,n ---I 'Y.: ~ N ., ()1 N Cl'l - I 'J. C{ c; CJ ~L ~ ~'"'\.. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Nichole Hammaker Plaintiff CIVIL ACTION v. No. Ol-- CV -44lf Computer Credit, Inc., Defendant [ELECTRONICALLY FILED] NOTICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY OF NOTICE OF REMOVAL To: Prothonotary, Cumberland County, Pennsylvania Pursuant to 28 V.S.C. ~ 1446( d), defendant Computer Credit, Inc. hereby files a copy of the Notice of Removal filed in the United States District Court for the Middle District of Pennsylvania on March 7, 2007. Dated: March 8,2007 STEVENS & ~ By ~ Mark D. Bradshaw Attorney LD. No. 61975 17 North Second Street 16th Floor Harrisburg, PAl 71 0 1 Attorneys for Defendant SLl 707379vl/OOOOOO.ooooo "S 44 (Rev, HIM) CIVIL COVER SHEET The JS 44 civil cover sheet and the infonnation 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 mitiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS DEFENDANTS (b) County of Residence of First Listed Plaintiff Cumberland (EXCEPT IN U.S, PLAINTIFF CASES) County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE LAND INVOLVED. o I U.S. Government Plaintiff III 3 Federal Question (U.S. Government Not a Party) Attorneys (If Known) Mark D. Bradshaw, Esquire, Stevens & Lee, P.C., 17 North 2nd Street, 16th Floor, Harrisburg, P A 17101 CITIZENSHIP OF PRINCIPAL P ARTIES(p1ace an "X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF YfF DEF Citizen of This State 0 I 0 I Incorporated or Principal Place 0 4 0 4 of Business In This State ( C) Attorney's (Firm Name, Address, and Telephone Number) Deanna Lynn Samcco, Esquire, 76 Greenmont Drive, Enola, P A 17025 II. BASIS OF JURISDICTION (place an "X" in One Box Only) III. o 2 U.S. Government Defendant o 4 Diversity (Indicate Citizenship of Parties in Item III) Citizen of Another State o 2 0 2 Incorporated and Principal Place of Business In Another State o o 5 Citizen or Subject of a F oreim CountJv o 3 0 3 Foreign Nation o 6 06 IV. NATURE OF SUIT lace an "X" in One Box o 870 Taxes (U.S. Plaintiff or Defendant) o 871 IRS- Third Party 26 USC 7609 o 400 State ReapportioJUDLmt o 410 AntiU'USt o 430 Banks and Banking o 450 Commerce o 460 Deportation o 470 Racketeer Influenced and Corrupt Organizations o 480 Consumer Credit o 490 Cable/Sat TV o 810 Selective Service o 850 SecuriticslCommodities! Exchange o 875 Customer Challenge 12 USC 3410 o 890 Other Statutory Actions o 891 Agricultural Acts o 892 Economic Stabilization Act o 893 Environmental Matters o 894 Energy Allocation Act o 895 Freedom of Information Act o 900AppeaI of Fee Determination Under Equal Access to Justice o 950 Constitutionality of State Statutes o 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture o 120 Marine o 310 Airplane 0 362 Personal Injury . 0 620 Other Food & Omg o 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Dnig Related Seizure o 140 Negotiable Instrument Liability 0 365 Personal Injury . of Property 21 USC881 o ISO Recovery of Overpayment 0 320 Assault, Libel & Product Liability 0 630 Liquor Laws & Enforcement of Judgment Slander 0 368 Asbestos Personal 0 640 R.R. & Truck o IS 1 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs. o 152 Recovery ofDefan1ted Liability Liability 0 660 Occupational Student Loans 0 340 Marine PERSONAL PROPERTY SafetylHealth (Excl. Veterans) 0 345 Marine Product o 370 Other Fraud 0 690 Other o 153 Recovery of Overpayment Liability o 371 Truth in Lending of Veteran's Benefits 0 350 Motor Vehicle o 380 Other Personal 0 710 Fair Labor Standards o 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act o 190 Other Contract Product Liability 0 385 Property Damage 0 720 LaborlMgml Relations o 195 ContraCt Product Liability 0 360 Other Personal Product Liability 0 730 Labor/Mgmt.Reporting o 196 Frauchisc In' & Disclosure Act "iiilll. . ~, 0 740 Railway Labor Act o 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation o 220 Foreclosure 0 442 Employment Sentence 0 791 Empl. Rct.Inc. o 230 Rent Lease & Ejectment 0 443 Housing! Habeas Corpus: Security Act o 240 Torts to Land AccolIDDodatlons 0 530 General o 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty o 290 All Other Real Property 0 445 Amer, w!Disabilities - 0 540 Mandamus & Other Employment 0 550 Civil Rights 0 446 Amer. w!Disabilities . 0 555 Prison Condition Other 0 440 Other Civil Rights o 422 Appeal 28 USC 158 o 423 Withdrawal 28 USC 157 .i1i.:IiJilJ]iJL'ijf'1fNl~ o 820 Copyrights o 830 Patent o 840 Trademark 0861 mA(1395ft) o 862 Black Lung (923) o 863 DIWClDIWW (405(g)) o 864 ssm Title XVI o 865 RSI 405 V. ORIGIN o 1 Original Pr edin (Place an "X" in One Box Only) ~ 2 0 3 0 4 0 5 Transferred from 0 6 Removed from Remanded from Reinstated or anoth~r district Multidistrict State Court A Hate Court Reo ned s I Liti ation C1~ tf.g'.b?~~~\t~:f ~~~~Y'~ ro.~~P~3~\fb~j,gfriltjaI statutes uDI~ diversity): VI. CAUSE OF ACTION Briefdescrip.tionofcause: Fair Deot Collection Practices CHECK IF TInS IS A CLASS ACflON UNDERFRC.P.23 Appeal to District o 7 Judge from Magistrate Jud ment VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: 0 Yes IlJNo (See instructions): DATE M~l <b ZbD 7 SIGNATURE OF ATIORNEY OF RECO JUDGE FOR OFFICE USE ONLY RECEIPT # AMOUNT APPL YlNG IFP JUDGE MAG. JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA Nichole Hammaker Plaintiff CIVIL ACTION v. No. Of ~ C\J -- 4Lt LP Computer Credit, Inc., Defendant [ELECTRONICALLY FILED] NOTICE OF NOTICE OF REMOVAL Please take notice that defendant, Computer Credit, Inc. filed a Notice of Removal, a copy of which is attached, in the United States District Court for the Middle District of Pennsylvania on March 8, 2007. You are also advised that Defendant, upon filing the Notice of Removal, filed a true and correct copy of the Notice with the Prothonotary, Court of Common Pleas, Cumberland County, Pennsylvania, which has completed this removal pursuant to 28 U.S.C. ~1446(d). Dated: March 8, 2007 STEVENS & LEE ~ By ~t , Mark D. Bradshaw Attorney LD. No. 61975 17 North Second Street 16th Floor Harrisburg, PA 17101 Attorneys for Defendant 1 SLl 707379vllOOOOOO.ooooo IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA Nichole Hammaker Plaintiff CIVIL ACTION v. No. Olr- oJ - L{L{~ Computer Credit, Inc., Defendant [ELECTRONICALLY FILED] DISCLOSURE STATEMENT Pursuant to Federal Rule 7.1 and to enable Judges and Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for Defendant in the above captioned action, certifies that there are no parents, subsidiaries and/or affiliates of said party that have issued shares or debt securities to the public, and that the Defendant is not a governmental agency. Date: March 8, 2007 ~ Mark D. Bradshaw SLl 707379vl/OOOOoo.ooooo IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA Nichole Hammaker Plaintiff v. CIVIL ACTION No. Ol ~CV- LfL.{lfi Computer Credit, Inc., Defendant [ELECTRONICALL Y FILED] NOTICE OF REMOVAL Defendant Computer Credit, Inc. ("CCI") hereby files this Notice of Removal pursuant to 28 D.S.C. S1441 based on the District Court's jurisdiction under 15 D.S.C. Sl1692, et seq. and 15 U.S.C. SI681(b), and states: 1. Defendant exercised its rights under 28 U.S.C. S1441 to remove this civil action from the Court of Common Pleas, Cumberland County, Pennsylvania, in which this action is now pending, under the name ofNichole Hammaker v. Computer Credit. Inc., docket no. 07-124, to the United States District Court for the Middle District of Pennsylvania. Removal is proper because, as outlined below, this case includes claims governed by the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. S 11692, and the Fair Credit Reporting Act ("FCRA"), 15 D.S.C. ~ 1681(b). 2. Pursuant to 28 D.S.C. ~1446, CSI has attached as Exhibit A to this Notice of Removal the Plaintiff's Complaint served on February 7, 2006, and filed 1 SLl 707379vl/OOOOoo.ooooo with the Court of Common Pleas, Cumberland County, Pennsylvania, at Docket No. 07-124. 3. Plaintiff's Complaint asserts claims for purported violations of the Pennsylvania Fair Credit Extension Uniformity Act, as well as the FDCPA and the FCRA. 4. On or about March 2, 2007, Plaintiff filed an Amended Complaint with identical allegations as set forth in the initial complaint, but adding two (2) of Defendants' employees, individually. A true and correct copy of this Amended Complaint is attached hereto and made a pert hereof as Exhibit "B." 5. The Court therefore has original jurisdiction over this action because plaintiff's claims arise under federal statutes, specifically, the FDCPA and FCRA. Accordingly, the claims asserted in this action arise under federal law and are removable as a matter of law. 6. Because this Court has jurisdiction under 15 U.S.C. S 11692 and 15 U.S.C. S 1681, this action may be removed without regard to the citizenship or residency of the parties or the amount in controversy. 7. A Notice of Removal has been filed within thirty days of receipt of the Complaint by CSI, which was the initial pleading setting forth the basis for the Court's jurisdiction. 2 SLI 707379vllOOOOOO.ooooo 8. Written notice of the filing of this Notice of Removal has been served on Plaintiff's counsel, and a true and correct copy of this Notice of Removal will be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. WHEREFORE, Computer Credit, Inc. respectfully requests that this action be removed to this Court. Dated: March 8, 2007 STEVENS & LEE k By ~ 1r Mark D. Bradshaw Attorney J.D. No. 61975 17 North Second Street 16th Floor Harrisburg, P A 1 7101 Attorneys for Defendant 3 SLI 707379vllOOOOOO.ooooo IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA Nichole Hammaker Plaintiff CIVIL ACTION v. No. Computer Credit, Inc., Defendant [ELECTRONICALLY FILED] EXHffiIT A TO NOTICE OF REMOVAL SLl 707379vllOOOOOO.OOooo r ! I ~. O~/08/2007 17:21 FAX 3367618852 CTPUTER CRED IT ~ 00:; I f I i I j ! J I i j j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO PLEAD TO THE DEFENDANT lOt.mn 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. II I ~ I "'I ~ 1 YOU SBOtlLD TAD 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 FOa~B BELOW TO FIND OUT WHERE YOU CAN GE! LEGAL HELP. ~ i i ;j Cumberland Couaty Bar Association 32 S. Bedford Street, Carlisle, P A 1-80~99~9108t717-249-31'6 I ~ NO~ICI:A. 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 par abogado y archivar en la corte en forma excrita sus defensas 0 sua 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 sua propiedades 0 otros derechos importantes para usted. ~ LLEVE ESTA DEMANDA A ON ABOGAOO IMMEDIATAMENTE. 5I NO TIENE ABOGAOOO S1 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE POEDECONSEGUIR ASISTENCIA LEGAL. ~ I . l i I ~ ! f . 02/08/2007 17:21 FAX 3367618852 I f J l. 1. I I 2. I I 3. '.4. '" ... COMPUTER CREDIT ~006 iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA COMPLAINT Nichole Hammaker Plaintiff, v. Civil Action NCl.: 07;.124 - : : &. . Computer Credit Inc., Defendant. COMPLAINT 'Plaintiff are.jndi,-,:iduals residing in the Commonwealth of Pennsylvania, anq consumer pursuant to 15 U.S.C. g1692a(3). - . Defendant is a, quSiness entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 640 West Fourth Street, Winston-SaJem, North Carolina, 27113 On or about January 2006, through February 2006, Defendant contacted Plaintiffby U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. Defendant is a debt collector as defmed by the state law and the FDCP A. 15 U .S.C. 11692a( 6). . 5. Defendant sent letters and/or made telephone calls to Plaintiff 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 D.S.C. ~ 1692a(5). (Hereinafter.the "alleged debt.") 1. Defendant communicated with Plaintiff on or afte~ one year before the date of this action, in connection ~th collection efforts, by letters, telephone contact or other docu~e~ts, with regard to Plaintiff's alleged debt. 8. Plaintiff believes and therefore avers that Defendanfs letters contained false, misleading, }] j] iI ~ i .j 1 I I ! i I ! ~ - ~ I i I I t: . . 02/08/2007 17:21 FAX 3367618852 I l " r << COMPUTER CREDIT ~007 deceptive and/or confusing statements. 9. Plaintiff believes and therefore avers thaI agents of Defendant, in its telephone ii communications made false. misleading, deceptive and/or confusing statements.' 10. Plaintiff believes and therefore ~vers that agents of Defend~t] in its telephone I I i communications, were rude. beligerent., insulting and harassing to the Plaintiff. !I I 11. Plaintiff disputes the alleged debt and hereby requests proof of the manner in which the I !I 1 ' alleged debt was ca19u1ate<( as is required ~y state and federal law. I 12. Defendant failed to make clear to the Plaintiff ~at it has no authority to take legal action, I I I in Pennsylvania. 13. Defendant overshadowed the FDCP A by contacting Plaintiff by letter, four times, and i ~ by telephone call, a.t least four times, within the 30-da.y dispute period, and did ~ot I I I afford Plaintiff an opportunity to dispute the alleged debt I I I 14". Plaintiff informed agents of the defendant that the debt should be ~overed by health .. "insurance and to date, the claim has not been submitted. 15. ~fendant purposefully, intentionally and with.disregard to the rights of the Plaintiff: i refused to permit Plaintiff to dispute the alleged debt. Consumers are hurt by these tactics. : 16. i!: COUNT I - PENNSYLVANIA FAIR CRRDIT EXTENSION UNIFORMITY ACT - I 17. Plaintiff hereby incorporates the foregoing as if fully stated herein. I 18. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension I Uniformity Act, 73 P .S. ~2270 et seq. I l;! . 19. Violating provisions of the Fair Debt Collection Practices Act also violate the .. Pennsylvania FCEU. 73 P.S. ~2270.4(a). ~ 02/08/2007 17:21 FAX 3367618852 COMPUTER CREDIT ~008 i l ! I 1, j i ~ I I i I I I 1 ~ , i I ; ~ I l 1 I j ~ . . . 20. ' That Defendant engaged in unfair m~thods of competition and unfair or deceptive acts or practices, as defined by FeEU and the regulations. -including but not limited to, vt~latioris of31 Pa.Code 99303.3(3), 303.3(l4)~ 303.3(18), 303.6 and 73 P.S- g201-2(4). 21. Defend~t'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 Plai~tiff to pay the alleged debt 22. As a result of the above violatio~, Plaintiff is entit1.~d to .statutory, actual;treble and punitive damages and attorney's fees and costs. WHER~FORE, Plaintiff reqliests that this "Honorable .Court issuejudgroent ~n " , .' -". :" .", "-. Plaintiff's beh,alf and against Defendant for a statutory ~nalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. 'COUNTll- FAIR DEBT COLLEcrION PRACTICES ACT 23. Pl~ntiffhereby incorporates the foregoing as iffully s~t ~orth he~ein. . I 24. ' Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U-S.C. 91692, et seq. ("FDCPA"), particularly 15 U.S.C. ~1692k(d) and 28 D.S.C. 91337. 25. Venue lies in this District pursuant to 28 U.S.C_ 1391(b). ~ 1 692n. . I i I I t 26. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 D.S.C. 27. Plaintiff believes and therefore avers.that Defendant does not have proper assignment of, the c1ai~ and is therefore. unable to collect th~ alleged debt pursuant to 18 Pa.C.S. 97311(a)(1) and (2). 28. Plaintiff believes and therefore avers that Defendant does not have proper assignments . 02/08/2007 17:21 FAX 3367618852 COMPUTER CREDIT f4l 009 I I. I f ~ t i l i I r I I I !I I I 1 i 1 1 and/or documentation permitting said Defendant to charge interest, fees and/or costs. i8 Pa.C.S,'g73112(b)(I). ,'" ...,'.. 29. The FDCPA.states that a violation of state law.is a violation of the FDCPA. 15 U.S.C. 9169~~. ,Defendant violated this. section 'of the FDCP A. ' 30. Plaintiff believes and therefore avers that Defendant added interest, fees and costs in , ' . .f".., , . violation of state and federal law. 31. .Defendant in its collection effortS~ demanded interest, fees and/or ~Sts in violation of the FDCPA, 15 U.S.C. 91692f(1)'and 16J2e(2)Aand B. 32. There was never 31r express agreement by Plaintiff to pay any additional fees, cost or . ..... .....a 0 interest to Defendant or any of its agents. 33. The Plaintiff attempted by telephone'to obtain, validation of the alleged debt. 34. The defendant overshadowed the FDCP A with at least eight coritmuIiicatlofis within the 30-day dispute period and by refusing to explain to.Plaintiffthe procedure for disputing the alleged debt. I I I 35. , J 36. ~ 37. I The defendant overshadowed the'FDCP A with 'at least eight communications within the 30-day dispute period and by refusing,to validate the alleged debt. To, date, the Defendant has not validated the alleged debt. The FDCP A states, a .~ebt collector niay not use unfair or unconscionable means to i . i I I 1 collect or attempt to collect allY debt. 15 V.S.C. 21692f. Defendant violated this section of the FDCPA. 38. The FDCP A states) a debt collector may not use false, deceptive or misleading 1 \ ~ representation or means in connection with the collection of any debt. 15 U.S.C. g1692e(5) and (10), ~1692f(8) and g1692j. Defendant violated these sections of the 02/08/2007 17:21 FAX JJ67~18852 COMPUTER CREDIT @010 i ),; I ' , ':, FDCP A. -39. Agents of the defendant contacted Plaintiffls mother and discussed the alleged debt with her, without fIrst requesting consent from: the Plaintiff. 1 1 ! l J I i 1 " . 40. The FDCP A states~ a.debt. collector J!1ay ~ot. discuss the consumers alleged debt with a third party. The Defendant violated this section of the FDCP A. 41. The FDCPA'stat~, a 'debt ~ilect~r may not engage in any conduct the natural consequence of which is to harass. oppress or abuse any person in connection with'th.e collection ofa debt. 15 V.S.C. ~1692d. Defendant violated this section of the FDCPA. 42. The FDCP A provides certain rights to the consumer regarding the consumer's right to . . I ."_ ... _......... dispute the alleged debt, is U.S.C: g1692g. Defendant violated this sectio~ of the F~P A. I I i 1 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 Bur~ 6 F.3d62 (2dCir. 1998). See also, 15U.S'.C. g1692e(5), 15U.S.C.~1692e(lO). 44. At all time p~rtinent hereto, the Defendant was actin~ by.and through its agents, servants and/or employees~ who were acting withiri the scope and course of their employmen~ and ~ under the direct supervision and control of the Defendant herein. 45. At all times 'pertinent hereto, the conduct of Defendant as well as theiT agents? serVants~ ~ I . and/or employees, was malicious, intentional, willful, recldes~, 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. 47. Def~ndan~ in its collection ef!orts. violated the FDCP A. inter alia, Sections 1692, b, c. d, ., . 02/08/2007 17:22 FAX 3367618852 COMPUTER CREDIT ~Ol1 i i. t 1 J I ' j , ' I f l I ~ ! i I I I I ~ ~ 1'1 e, f, g, h, and/or u. ' 48.- Def.end~t, in its collection efforts, used false or deceptive acts and intended tu oppress and harass Plaintiff. 49.' Th3;t, as a result of the wrongful tactics of Defendant as aforementioned, Plaintiff has been subjected to anxiety, harassment, intimi~ation and annoyance fOt which compensation is sought , . WHEREFORE, Plaintiff respec~y requests tha~ his Honorable Co~ enter judgment fOT Plaintiff and against Defendant and issue an Order: I ~ . i J . (A) A ward Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FDC? A or each separate and discrete incident in,which Defendant have violated the FDCPA. . (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, ~ ! , II and intimidatiop. directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00),.as well as the repetitive nature of Defendant form letters. C) A ward Plain~ costs of this litigation, iI?-cluding a reasonable attomet s fee at a rate of$450.00/hour for hours reasonably expended Plaintiff's attomey in ~ ~ ~indicati.ng his rights under the FDCP ~ permitted by.I5 V.S.C. ~ 1692k(a)(3). i I (0) 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 m - 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. ,~1681b prohibits the improper.use ofa consumer's credit information. , . 02/08/2007 17:22 FAX 3367618852 COMPUTER CREDIT 141012 i I Ii l' I " I I i ; I : I: 52. ,Plaintiff believes 'and therefore avers that the Defendant reported false, niisleading and/or ' . inaccurate.information on Plaintiffs credit report, without first validating-the alleged debt. 53. Plaintiff believes and therefore avers that the Defendant review~d Plaintiff' credit report [ ~. ! ' ; . ! j i 1 ! ~ l 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 or One Thousand Dollars I 1 ~ i ! i ! I 1 i I ($1,000.00) for each violation of the FeRA or each separate and discrete incident in which Defen4ant have violated the FeRA. 15 U.S.C. ~1681n(a)(lXA). (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 (SI0,000.00), as well as the repetitive nature of Defendant form letters. C) A ward Plaintiff costs of this ,litigation, including a reasonable attorney' $ fee at a rate ofS450.00/hour for hours reasonably expended Plaintiff's attorney in ~ I I I ~ ., ' ": vindicating his rights under the FDCPA, permitted by 15 U.S.C. ~1681n(3)C). Daled:1130/06 By: I~arar;cn Deanna Lynn Saracco, Attorney for Plaintiff 76 Gieenmont Drive, Enola, P A 17025 Telephone 717-732-3750 Fax 717-728.9498 Email: SaraccoLaw@aol.com ~ ~ i f l I J j I I ~ ; t , I 02/08/2007 17:21 FAX 3367618852 CUMt'UTJ:.l< t-J.(J:.Vll 'i!.I vVoJ USPS ~ Track & Confirm Page 1 of I ~ UNlTEDSTIlTES I!'!.iIII POST4L 5El1VfCE~ !:Io.~I.I:!!.!I! iJ Track & CAofum Track & Confirm i Search Results Label/Receipt Number: 7002 0510 DODO 1489 2492 Detailed Results: . Delivered, February 07, 2007, 10:34 am, WINSTON SALEM, NC 271Q1 . Acceptance, February OS, 2007, 11 :05 am, ENOLA, PA 17025 Truck & Confirm Enter LabeVReceipt Number. !l < BOlek .. . "'....-....-... ... Return tfJ USPScnrtl l1u""~ ,. ~ ~~~*fi~~~j.~~ Q~~~~.. ..... _ _..''_ .. 1i "1 011 :I g Track & Confirm by emall Get current event information or updates for your Item sent to you or others by emaiL . Grt ~ . ~ . site map contact us government services jobs National & Premier Accou nts Copyright@1999-2004USPS. All Rights Reserved. Terms of Use Privacy Policy POSTAL. INSPECTORS Prasol"tllng the Trust i I II . ! ~ I i hnp:/ /trkcnfim I.smi. usps.com/PTSlnternetW eblInterLabelDetail.do 2/8/2007 02/08/2007 17:21 F.~ 3367618852 C? t./<--' - t COMPUTER CREDIT I4J 004 l'4a. ()-I-OIf7.-'f RECEIVED FEB - 1'[ mar IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA Computer Credit Inc. 640 West Fourth Street Winston-Salem, NC 27113 Nichole Hammaker Enola Drive Enola, P A 17025 " c ::- -oi53 mr;', z;:v z~~': ~~~. ~~~ ~c-. S;O c ~ 1 J ! Plaintifffs) & Addresses Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: t-.:) ~ ~ ....... i; ~:n 2: ~ I -om :09 CD 06 -0 ::c 'Ti ::J:: 0 B _ 5m C) ~ (..) ~ 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] 7025 Phone 717-732-3750 SaraccoLaw@ao1.com ~(U~4 Signature of Attorney Dated: tI 1'/07 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAlNTlFF(S) HAS/HA VE COMMENCED AN ACTION AGAINST YOU. JS! ~ ;e. 11. Prothonotary ~ Dated: ~A7 ~ eJ..tJa-r:J. By: Jt~>>- ~ Deputy ~ .. . i . j ~ ~ J i ! J :t I f RUE COpy fROM rll:WHL In ~~WIl8reof, I here unto set lIlY bar, IICIlIltBl ofSlld ~ PI. ~~. ~7 .. 7 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA Nichole Hammaker Plaintiff CIVIL ACTION v. No. Computer Credit, Inc., Defendant [ELECTRONICALL Y FILED] EXHIBIT B TO NOTICE OF REMOVAL SLl 707379vllOOOOOO.ooooo 03/05/2007 12:16 FAX 3367~~8852 COMPUTER CREDIT I4J 003 ; , .- ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nichole Han1l11aker Plaintiff, v. Civil Action No.: 07-124 Computer Credit Inc., AND Charles Jordan, an individual and officer of Computer Credit Inc., AND Michael Rosinger, and individual and VP of Computer Credit Inc., Defendants. E 0 TO PLEAD HEREIN: You have been sued ourt. If you wish to defend against t e claims set forth in llowing pages, you must take action w thin twenty (20) dayS is Complaint is served, by enf ing a written appearonce p rsonally or by attorney and filin writing with the cour your defenses or objections to the claims forth against u. You are warned that if you fail to do so, t - proceed without further notice for any money claimed in the Complaint, or for any other cldim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOO 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 Streett 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 siquientesr usted tiene viente (20) dias de plazo al partir de la fecha de la e~crita 0 en persona 0 por aoogado y archivar en la corte en for.ma excrita sus defensas 0 sus Qbj~ctiones alas demander la corte tamara medidas y puede entrar una orden contra usted sin pr~vio aviso 0 no~ificacioD y par cunlquier qu~ja 0 alivio que es pedido en la peticion de de(llcwd.;.. tJstQd pUG:de: perd.:r dinero 0 sus propiedades 0 otros derechos import.3ntes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDI^TAMENTE. SI NO TIENE ABOGADOO $1 NO TIENE: EL DINERO SUE'l.C1EN'fE DE PAGAR TAL SERVICIONr VAYA EN PERSONA 0 LLAME POR TELerONO A LA OFICINA COYA DIR~CCiON SE PUEOECONSEGUT,R ASTS~F.NCIA LEGAL. 03/05/2007 12:17 FAX 3~67618852 COMPUTER CREDIT f4I 004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA COMPLAINT Nichole Hammaker Plaintiff, v. Civil Action No.: 07-124 Computer Credit Inc., AND Charles Jordan, an individual and officer of Computer Credit Inc., AND Michael Rosinger, and individual and VP of Computer Credit Inc., Defendants. AMENDED COMPLAINT 1. Plaintiff are individuals residing in the Commonwealth ofPennsylvani~ and consumer pursuant to 15 U.S.C. 91692a(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 640 West Fourth Street, Winston-Salem, North Carolina, 27113. 3. Defendant Charles Jordan is an individual and officer of the defendant company, with the same mailing address a.~ stated above. 4. Defendant Michael Rosinger is an individual and vice president of defendant company, with the same mailing address as stated above. 5. At all times pertinent hereto, the Oefendants~ Jordan and Rosinger, directed and controlled the collection activities of Computer Credit, Inc. 6. At all times pertinent hereto~ the Derendants~ Jordan and Rosinger, knowingly, willingly and/or intentionally, acted alone and in concert to deceive. mislead, confuse and/(,lr otherwise threaten the Plaintiff into paying the alleged debt 7. At an times pertinent hereto, the DefendanL'">, Jordan and Rosinger, are liable under O~/05/2007 12:17 FAX 3367618852 - -- . --. ----, COMPUTER CREDIT !gj 005 :;;. . respondent superior. 8. At all times pertinent hereto, the Defendants Jordan and Rosinger were negligent in their pertormance to direct and control collection activity. 9. At all times pertinent hereto, the Defendants Jordan and Rosinger knowingly, intentionally and willfully acted, alone and in concert, by failing to adequately train collection personnel. 10. On or about January 2006, through February 2006, Defendant contacted PLaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged COnSumer debt. 11. Defendants Computer Credit Inc., and Jordan and Rosinger, are debt collectors as defined by the slate law and the FDCPA. 15 U.S.C. 11692a(6). 12. Defendants sent letters al1d/or made telephone calls to Plaintiff which are '~communications" relating to a t~debt" as defined by 15 U.S.C. 11692a(2). 13. At all pertinent times hereto, the Defendants were collecting an alleged debt relating to a consumer transaction, pursuant to 15 u.S.C. ~ 1692a(5). (Hereinafter the "alleged debLn) 14. Defendants communicated with Plaintiff on Of aftet 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 15. Plaintiff believes and therefore avers that Defendants' letters contained false, misleading, deceptive and/or confusing statements. 16. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading~ deceptive and/or confusing statement.q. 17. Plainti IT believes and therefore avers that agents of Defendant, in its telephone communications, were rude~ beLigercnt, insulting and harassing to the Plaintiff. O~/05/2007 12:17 FAX 3367618852 COMPUTER CREDIT l4J 006 .--.. - 18. 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 tederallaw. 19. Defendants failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania 20. Defendants overshadowed the FDCPA by contacting Plaintiffby letter, four times, and by telephone call, at least four times. within (he 30-day dispute period, and did not afford Plaintiff an opportunity to dispute the alleged debt. 21. Plaintiffillfonned agents of the defendant that the debt should be covered by health insurance and to date, the claim has not been submitted. 22. Defendants purposefully, intentionally and with disregard to the rights of the Plaintiff, refused to permit Plaintiff to db-pute the alleged debt. 23. Consumers arc hurt by these tactics. COUNT I - PENNSVL V ANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 24. Plaintiff hereby incorporates the foregoing as if fully stated herein. 25. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. *2270 et :seq. 26. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FeED, 73 P.S. ~2270.4(a). 27. That Defendant engaged in lU1fair methods of competition and unfair or deceptive acts or pmctices, as defined by FCEU and the regulations, including but not limited to, violations of37 Pa.Code 9~303.3(3), 303.3(l4)~ 303.3(18)~ 303.6 and 73 P.S. ~201-2(4). 28. DefendanCs acts as described herein were done with malicious, intentional, willful, 93/05/2Q07 12:18 FA4 3367618852 COMPUTER CREDIT 141 007 ... .:; reckless, negligent and wanton disregard for Plaintiffs rights with the purpose of coercing Plaintiff to pay the alleged debt. 29. 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 tlns Honorable Court issue judgment on Plaintiffs behalfand against Defendant for a statutory penalty, treble damages, punitive damages~ attomey fees and costs pursuant to 73 P.S. 2207.5. COUNT II - FAIR DEBT COLLECTION PRACTICES ACT 30. Plaintiffhereby incorporates the foregoing as if fully set forth herein. 31. Iurisdiction for thi.s action is asserted pursuant to the Fair Debt Collection Pmctices Act, 15 D.S.C. 91692, et seq. ("FDCP A"), particularly 15 U.S.C. S1692k(d) and 28 U.S.C. 91337. 32. Venue lies in lhis District pursuant to 28 U.S.c. 1391 (b). 33. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. ~ 1 692n. 34. Plaintiff believes and therefore avers that Defendants do not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to18 Pa.C.S. ~7311(a)(1) and (2). 35. Plaintiff believes and therefore avers that Defendants do 110t have proper assignments and/or documentation pemlitting said Detendant to charge interest, fees andlor costs. 18 P~C.S- S73112(b)(I). 36. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. 03/05/2007 12:18 FAX 3367618852 COMPUTER CREDIT I4J 008 ~ 1 692n. Defendant violated this section of the fDCP A. 37. Plaintiffbelieves and therefore avers that Defelldants added interest, fees and costs in violation of state and federal law. 38. Defendants in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.C. ~1692f(1) and 1692e(2)A and B- 39. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendants or any of its agents. 40_ The Plaintiff attempted by telephone to obtain validation of the alleged debt. 41. The defendants overshadowed the FDCPA with at least eight communications within the 30--day dispute period and by refusing to explain to Plaintiff the procedure for disputing the alleged debt. 42. The defendants overshadowed the FDCPA with at least eight communications within the 30-day dispute period and by refusing to validate the alleged debt. 43. To date, the Defendants have not validated thc alleged debt. 44. At aU times pertinent hereto, the Defendants made all contacts to the Plaintiff by telephone. 45. The Defendants violated 15 U.S.C. ~1692e(11) by failing to provide the consumer with the proper warning, "this is an attempt to collect a debt, any information obrained will be used for that purpose/' during the initial telephone communications and In subsequent communications. 46. Defendants violated 15 U.S.C. ~ 1692g. by failing to provide the consumer with the proper validation notice within five days of the initial communication. d47. Defendants violated 15 u.S.C. ~ I 692g by demanding payment without providing the 03/05/2007 12:19 FAX 3367618852 COMPUTER CREDIT !4l 009 proper consumer warnings. thus, dcfendants overshadowed the FDCP A. 48. Defendants violated 15 V.S.C. s1692e(7) by implying, during the course ofthc conversation, that the consumer was in ~~trouble with the law/' and/or "committed insurance fTaud." 49. Defendants violated 15 U.S.C. ~1692f, by threatening and/or filing sui[ without proper legal autholity in Pennsylvania. 50. Defendants violated 15 U.S.C. ~1692d(5) by causing the phonc to ring and engaging the conswner in repeated conversations. 51. Defendants violated 15 U.S.C. 91692b(2) by communicating with third parties regarding the alleged debt, without the consent of the consumer. 52. Defendants violated 15 D.S.C. ~l692b(3) by communicating with persons other than the Plaintiff more than one lime, without CQngenL and without the consent of the Plaintiff. 53. The FDCP A states, a debt collector may not use false, deceptive or misleading representation 01' means in COilllection with the collection of any debt. 15 D.S.C. * 1692e(5) and (10). Defendant violated these sections of the FDCP A. 54. The FDCPA states, a debt collector may not use unfair or lll1conscionable means to collect or attempt to collect any debt. 15 U.S. C. ~ 1692f. Defendant violated thls section of the FDCP A. 55. The FDCPA 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. Defendant violated this section of the FDCPA. 56. The Defendant violated 15l.LS.C. ~ 1692g? by failing to give the required notices to the Plaintiff in the initial communication. O~/Q~/2007 12:19 FAX 3367618852 COMPUTER CREDIT l4IOIO 57. At all times pertjnent hereto, the initial communication was made by telephone. 58. At aU times pertinent hereto, the Plaintiffwas unable to dispute the alleged debt. 59. The FDCPA provides certain rights to the consumer regarding his/her right to dispute the alleged debt, 15 V.S.C. ~1692g. Defendant violated this section of the FDCPA. 60. The FDCPA states, a debt collector may not communicate with a consumer at the consumer's place of employment if the debt col.lector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such. communications- 15 D.S.C. ~1692c(a)(3)- Derendants violated this section of the FDCPA. 61. Agents oftbe Defendants contacled Plaintiff while she was working, despite her advising them not to call her cell phone during working hours. 62. Defendant's collection communications were intentionally confusing, misleading and othetwise deceptive to the Plaintiffs, in violation or 15 V.S.C_ ~ 1692e(5) and (10), ~1692f(8) and ~1692j. see also, In re BeHle, 208 B.R. 658 (E.D. Pa 1977)- 63. Defendant's communications created a false sense of urgency on Lhe past of Plaintiff in violation of the fOCPA. Tolentino v. Friedman, 833 F. Supp. 697 (N.D. Ill. 1993); Sluys v. Hand. 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gaynor, 784 Fo Supp 1 (D. Conn_ 1989). 64. Any threat of litigation is false if the Defendant rarely, sues conswner debtors or if the Defendant did not intend to sue the Plaintiff. Bently v. Great Lakes Collection Bureau, 6 F.3d62 (2d Crr. 1998). See also. 15 U.S.C. ~1692e(5), 15 V.S.C_ gI692e(10). 65. At aU time pertinent hereto, the Defendants ere was acting by and tltrough its agents, servants and/or employee~, who were acting within the scope and course of their employment, and under the direct supervision and control of the Defendant herein. 03/05/2007 12:20 FAX 3367618852 COMPUTER CREDIT [4) 011 66. The FDCP A states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 D.S.C. ~ 1692f. Defendant violated this section of the FDCP A. 67. Tb.e FDCP A states, a debt co Hector may not use false, deceptive or misleading representation or means in COlUlection with the collection of any debt. 15 V.S.C. 91692c(5) and (10), g1692f(8) and ~1692j. Defendant violated these sections of the FDCP A. 68. Agents of the defendant" contacted Plaintiffs mother and discussed the alleged debt with her, without fust requesting consent from the Plaintiff: 69. Tbe FDCPA stales, a debt collector may not discuss the consumers alleged debt with a third party. The Defendant violated this section of the FDCPA. I 70. The Defendants violated 15 V.S.C. ~ 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 71. The FDCP A states, a debt collector may nok engage in any conduct [he natural consequence of which is to hara.cas, oppress pr abu.'te any person in connection with the collection ofa debt. 15 U.S.C. ~1692d. D~fendants violated this section of the FDCPA. I 72. The FDCP A provides certain rights to the c,onsumer regarding the consumer's right to dispute the alleged debt, 15 U.S.C. ~1692g. Defendants violated this section of the FDCPA. 73. Any threat of litigation is false jfthe Defendant rarely, sues consumer debtors or if the Defendant did not intend to sue the Plaintiff. Bently v. Great Lakes Collection Bure~ 6 F.3d 62 (2dCir. 1998). See also, 15 U.S.C. g1692e(5), 15 U.S.C. ~1692e(lO). 74. At all time pertinent hereto~ the Defendants were acting by and through its agents, 0~/05/2007 12:20 FAX 3367618852 _.-.,---- -~ .-- COMPUTER CREDIT 141012 . servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the Defendant herein. 75- At all times pertinent hereto, lhe 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 Slate law and the rights of the Plaintiff herein. 76. The above mentioned acts with supporting cases demonstrates that the conduct of Defendants rises to the level needed for punitive damages. 77. Defendants, in its collection efforts, violated the FDCPA, inter alia, Sections 1692~ b, c. d, e, f: g, h, and/or n. 78. Defendants, in its collection. efforts, used false or deceptive acts and intended to oppress and harass Plaintiff. 79. .Tha~ as a result of the wrongful tactics of Defeo dan ts as aforementioned~ Plaintiff has been subjected to anxiety, harassment, intimidation and annoymlce for which compensation is sought. WHEREFORE, Plaintiffrespectfully requests tbat his Honorable Court enter judgment for PLaintiff and against Defendants and issue an Order: (A) AV\I-ard Plainriffstatutory damages in the amOlmt of One Thousand Dollars ($ t ,000.00) for each viola[ion of the FDCP A or each separate and discrete incident in wbich Defendant 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 Defendant form letters. C) Award Plainliff costs of this litiga[ion, including a reasonable attorney's fee at a 0~/05/20~7 .12:20.F~ 336~618852 COMPUTER CREDIT 141 013 .. rate of $450.00/hour for hours reasonably expended Plaintiff's attorney in vindicating his rights under the FDCPA, permitted by 15 V.S.C. ~1692k(a)(3). (0) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. COUNT ill - FAIR CREDIT REPORTING ACT 80. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 81. The Fah'CreditReporting at, 15 U.S.C. ~1681b prohibits the improper use ofa consumer's credit information. 82. Plaintiff believes and therefore avers that the Defendant reported false, misleading and/or inaccumte information on Plaintiff's credit report, witbout first validating the alleged debt. 83. Plaintiff believes and therefore avers that the Defendant reviewed PlauJ.titf credit report without proper authority or assignment of the alleged dcbt. WHEREFORE, PlaintiffrespectftllLy requests [hat his Honorable Court enter judgment for Plaintiff and against Defendan.t and issue an Order: (A) Award Plaintiff statutory damages in the an'lount of One Thousand Dollars ($1,000.00) for each violation of the FCRA or each separate and discrete incident in which Defendant have violated the FCRA. 15 U.S.C- s1681n(a)(1)(A). (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an arnount not less than Ten Thousand Dollars ($10,000.00)) as well as the repetitive nature of Detendant form letters. C) Award PLaintiff costs of this litigation, including a reasonable atlOmey's fee at a O~/05/2007 12:21 FAX 3367618852 COMPUTER CREDIT ~ .... ..: rate of $450.00Ihour for hours reasonably cxpended Plainti ITs attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. ~1681n(3)C). Dated: 3/2/07 By: ~~o Deanna Lynn Safacco, Attorney for Plaintiff 76 Greenmont Drive, Enola, P A 17025 Telephone 717-732-3750 Fa.'C 717-728-9498 Email: SaraccoLaw@aol.com Certificate of Service: I hereby certify, that a true and correct copy of the foregoing was served via Certified Mail, return receipt requested, prepaid, as follows: Charles Jordan and Michael Rosingner 640 West Fourth Street WinslOn Salem, NC 27113 bY:/~CCO Dated: 3/2/07 141 014 ~ "v" ,-\JlllrUls:.~ ,-~))11 ~\ \ \ ~ - .....1. ;);)~'I ~l~~:>~ ~.~U~:-'p. .~.. ~ ~ (t (t ';; ';it o.lJl.l- OooNOZ ~'ii(t~..ge .o-~tl:l\ <.n. Ul Ul ? ~ !!\ 11\,\ \ ~~ I "\::. ,,, i o \ \ \ "\ ~\ \ ~\ - ~--..::;:; ~ ~ \ t \ \ \ - :=:- ~ ~ ~ ~ ~ ::- - - -:;:; =:: ~ - .,;- ~ -::-" - - -:? ~ -- ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ ::=;;rv ~~ ~r- ('<"j - ...- GS~ . ~ ~~() _f/);t:. - ~ ~ ~ e- O 0 "'0- C,)t'-~ \-0 en ~ ~ c. ~ ~ g 0. 7 fI) ~o .6 u'$~ \ \ . ~ ---- \ \ \ \ . #" CERTIFICATE OF SERVICE I, MARK D. BRADSHAW, ESQUIRE, certify that I served a true and correct copy of the foregoing Notice of Removal upon the following individuals, by depositing the same in the United States mail, postage prepaid, this 8th day of February, 2007, addressed as follows: Prothonotary Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PAl 7025 Date: March 8, 2007 SLl 707379vl/OOOOOO.ooooo . . "T~"C<1r.n ':\.0.4 - Page 1 \ Pennsylvania Middle District Version 3.0.4 ~/ Civil and Miscellaneous Initial Pleadings ~_:_02-at-06000 PJaiDtiff v .jJefendant u.s. District Court United States District Court for the Middle District of Pennsylvania Notice of Electronic Filing The following transaction was entered by Bradshaw, Mark on 3/8/2007 at 2:02 PM EST and filed on 3/8/2007 Case Name: Plaintiffv. Defendant Case Number: 3 :02-at-6000 Filer: Document Number: 214 Docket Text: Notice of Removal Case Title: Nichole Hammaker v. Computer Credit, Inc.; Court Name: Cumberland County Court of Common Pleas. Action happened in Cumberland County. Filing fee $ 350, receipt number 984567.. (Attachments: # (1) Civil Cover Sheet # (2) Exhibit(s) A# (3) Exhibit(s) B# (4) Notice to Plaintiff# (5) Notice to Prothonotary# (6) Disclosure Statement# (7) Certificate ofService)(Bradshaw, Mark) 3:02-at-6000 Notice has been electronically mailed to: 3:02-at-6000 Notice has been delivered by other means to: 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=3/8/2007] [FileNumber=1537165-0] [134612e508c81d81eb908e3bc70f90f57c600ebb992ea4f293222654cc87a63fd837 9d6f3b6573a5bf5d795f04aed9cec79dO 123449bdab040f7695e 136b 1 ae3]] locument description:Civil Cover Sheet lriginal filename:n/a ~lectronic document Stamp: \ .TAMP dcecfStamp_ID=1027698419 [Date=3/8/2007] [FileNumber=1537165-1] . 3f36aOd42933 6920b2fdd94d5 8f781 cOe8044ge9cc0f7 e27bf3 252ae490cf8930ge 4ea8c5cf828eOb020c39229d7e63750b77f6395a7a3caOd83fc3alb44~] IcUlIlent description:Exhibit(s) A iginal filename:n1a ctronic document Stamp: AMP dcecfStampJD=1027698419 [Date=3/8/2007] [FileNumber=1537165-2] cda9fec44434595883b3d653ffdd68alda76a7d024162e71488c99fl8fd18e62f ~919d99740308b2ab9c06abcd817fa83097ela48e20e359d6b95ffc1]] IDlent description:Exhibit(s) B inal filename:nla I~' .. f o -n %01 1"'-) ,n L...) 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