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Home My WebLink About07-015007 - ~ sa IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Beverly Witmer an individual Greenmont Drive Enola, PA 17025 First Credit Services, Inc., d/b/a Stanley Weinberg & Associates, Inc., P. O. Box 3352 Glen Ellyn, II~ 60138 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 OSheriff. Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com ,~~ Signature of Attorney Dated: ~~~ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HA COMMENCED AN ACTION AGAINST YOU. n , ~ Dated: ~~~~~ n ~ ~ ~. °~o ~ ~ ~ ~ ~ 'C~ r•a ~ i n's~`~ ~ ?' ~__. . __ .r ~-~ ~~ {~' r N ~~~!'! ~G~,4` c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Beverly Witmer and Roger E. Witmer Jr., Plaintiffs, v. Civil Action No.: 07-150 Civil Term First Credit Services, Inc., d/b/a Stanley Weinberg & Associates, Inc., and Jay Alan, an individual 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, PA 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 o en persona o por abogado y archivar en la Corte en forma excrita sus defensas o sus objectiones a las demande, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAD00 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYP. EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. ,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Beverly Witmer and Roger E. Witmer Jr., Plaintiffs, v. Civil Action No.: 07-150 Civil Term First Credit Services, Inc., d/b/a Stanley Weinberg & Associates, Inc., and Jay Alan, an individual 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 TARE 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, PA 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 o en persona o por abogado y archivar en la Corte en forma excrita sus defensas o sus objectiones a las demande, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAD00 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. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Beverly Witmer and Roger E. Witmer Jr., Plaintiffs, v. First Credit Services, Inc., d/b/a Stanley Weinberg & Associates, Inc., and Jay Alan, an individual Defendants. Civil Action No.: 07-150 Civil Term COMPLAINT 1. Plaintiffs are individuals residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.C. § 1692a(3). 2. Defendants First Credit Services, Inc., d/b/a Stanley Weinberg & Assoc., (hereinafter Defendants), is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 1200 Roosevelt Road, Glen Ellyn, Illinois. 3. Defendants Jay Alan, is a debt collector, engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 1200 Roosevelt Road, Glen Ellyn, Illinois. 4. On or about September through January 2007, Defendants contacted Plaintiffs by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 5. Defendants is a debt collector 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 Plaintiffs between September 2006 and December 2006, which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2). 7. At all pertinent times hereto, the Defendants was collecting an alleged debt relating to a consumer transaction, pursuant to 15 U.S.C. § 1692a(5). (Hereinafter the "alleged debt.") 8. Defendants communicated with Plaintiffs 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's alleged debt. 9. Plaintiffs believe and therefore avers that Defendants's letters contained false, misleading, deceptive and/or confusing statements. 10. Plaintiffs believe and therefore avers that agents of Defendants, in its telephone communications made false, misleading, deceptive and/or confusing statements. 11. Plaintiffs believe and therefore avers that agents of Defendants, in its telephone communications, were rude, beligerent, insulting and harassing to the Plaintiffs. 12. Plaintiffs believe and therefore avers that agents of Defendants discussed his alleged debt with a third party, without consent. 13. Plaintiffs 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. 14. Defendants failed to make clear to the Plaintiffs that it has no authority to take legal action in Pennsylvania. 15. Agents of Defendants, Mr. Alan, made threats of criminal prosecution, in violation of state and federal law. 16. Agents of Defendants, Mr. Alan, gave legal and financial advice to the Plaintiffs, despite not be licensed to practice law in any state. 17. Plaintiffs believe and therefore avers that Defendants continued to contact Plaintiffs at work despite knowing that Defendants was not permitted to contact Plaintiffs at work. 18. Consumers are hurt by these tactics. COUNT I -PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 19. Plaintiffs hereby incorporates the foregoing as if fully stated herein. 20. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 21. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 22. 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 of 37 Pa.Code §§303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. §201-2(4). 23. Defendants's acts as described herein were done with malicious, intentional, willful, reckless, negligent and wanton disregard for Plaintiffs's rights with the purpose of coercing Plaintiffs to pay the alleged debt. 24. As a result of the above violations, Plaintiffs is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, Plaintiffs requests that this Honorable Court issue judgment on Plaintiffs's behalf and against Defendants 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 25. Plaintiffs hereby incorporates the foregoing as if fully set forth herein. 26. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA"), particularly 15 U.S.C. § 1692k(d) and 28 U.S.C. §1337. ' 27. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 28. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. §1692n. 29. Plaintiffs believe and therefore avers that Defendants does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant tol8 Pa.C.S. §7311(a)(1) and (2). 30. Plaintiffs believe and therefore avers that Defendants does not have proper assignments and/or documentation permitting said Defendants to charge interest, fees and/or costs. 18 Pa.C.S. §73112(b)(1). 31. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. § 1692n. Defendants violated this section of the FDCPA. 32. Plaintiffs believe and therefore avers that Defendants added interest, fees and costs in violation of state and federal law. 33. 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. 34. There was never an express agreement by Plaintiffs to pay any additional fees, cost or interest to Defendants or any of its agents. 35. Defendants repeatedly contacted Plaintiffs at work, despite being repeatedly advised that the Plaintiffs were unable to receive calls at work. 36. Mrs. Witmer specifically informed Mr. Alan that she could lose her job if the Defendants persisted. 37. Defendants repeatedly contacted Plaintiffs, both Mr. and Mrs. Witmer, on cell phones, despite being repeatedly advised that they could not afford for them to continuing using that number. 38. The Plaintiffs gave the Defendants a telephone number to use for contact, the Defendants used work and cell phone numbers instead. 39. There were times when the Defendants contacted Plaintiffs at work, and Plaintiffs's co- workers received the call. 40. During calls to Plaintiffs's place of employment, Defendants's agents were beligerent, rude and inferred that Plaintiffs owed money. 41. The Plaintiffs attempted by telephone and in writing, to obtain validation of the alleged debt, because the amount was incorrect. 42. To date, the Defendants has not validated the alleged debt. 43. The initial communication made by the Defendants was by telephone and during the initial calls to both Mr. and Mrs. Witmer, the Defendants failed to give the required notices under the FDCPA. 44. 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. § 1692f. Defendants violated this section of the FDCPA. 45. 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(5) and (10), § 1692f(8) and § 1692j. Defendants violated these sections of the FDCPA. 46. Agents of the Defendants discussed Plaintiffs's alleged debt with a third party, without consent. 47. During the course of conversations with agents of the Defendants, Plaintiffs requested ' information regarding the creditor, amount of the alleged debt and the address of the Defendants. 48. The agent refused to provide the Plaintiffs with the information. 49. To date, no debt collector has been able to validate the alleged debt. 50. The FDCPA states, a debt collector may not discuss the consumers alleged debt with a third party. The Defendants violated this section of the FDCPA. 51. 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 of a debt. 15 U.S.C. § 1692d. Defendants violated this section of the FDCPA. 52. The FDCPA provides certain rights to the consumer regarding the consumer's right to dispute the alleged debt, 15 U.S.C. § 1692g. Defendants violated this section of the FDCPA. 53. Defendants by and through Mr. Alan, made false threats of criminal prosecution. 54. Defendants by and through Mr. Alan, gave legal and financial advise, despite the fact that Mr. Alan is not licensed to practice law in any state. 55. Any threat of litigation is false if the Defendants rarely, sues consumer debtors or if the Defendants did not intend to sue the Plaintiffs. Bently v. Great Lakes Collection Bureau, 6 F.3d 62 (2d Cir. 1998). See also, 15 U.S.C. § 1692e(5), 15 U.S.C. § 1692e(10). 56. At all time pertinent hereto, the Defendants was acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the Defendants herein. 57. 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 Plaintiffs herein. 58. The above mentioned acts with supporting cases demonstrates that the conduct of Defendants rises to the level needed for punitive damages. 59. Defendants, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 60. Defendants, in its collection efforts, used false or deceptive acts and intended to oppress and harass Plaintiffs. 61. That, as a result of the wrongful tactics of Defendants as aforementioned, Plaintiffs has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiffs respectfully requests that his Honorable Court enter judgment for Plaintiffs and against Defendants and issue an Order: (A) Award Plaintiffs 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 FDCPA. (B) Award Plaintiffs general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiffs in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of Defendants form letters. C) Award Plaintiffs costs of this litigation, including a reasonable attorney's fee at a rate of $450.00/hour for hours reasonably expended Plaintiffs's attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. § 1692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. COUNT III -FAIR CREDIT REPORTING ACT 62. Plaintiffs hereby incorporates the foregoing as if fully set forth herein. 63. The Fair Credit Reporting at, 15 U.S.C. § 1681 b prohibits the improper use of a consumer's credit information. 64. Plaintiffs believe and therefore avers that the Defendants reported false, misleading and/or inaccurate information on Plaintiffs's credit report, without first validating the alleged debt. 65. Plaintiffs believe and therefore avers that the Defendants reviewed Plaintiffs' credit report without proper authority or assignment of the alleged debt. WHEREFORE, Plaintiffs respectfully requests that his Honorable Court enter judgment for Plaintiffs and against Defendants and issue an Order: (A) Award Plaintiffs 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.§1681n(a)(1)(A). (B) Award Plaintiffs general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiffs in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of Defendants form letters. C) Award Plaintiffs costs of this litigation, including a reasonable attorney's fee at a rate of $450.00/hour for hours reasonably expended Plaintiffs's attorney in vindicating his rights under the FDCPA, pe fitted y 15 U.S.C. §1681n(3)C). Dated:l/30/06 By: /s/ e aracco Deanna Lynn Saracco, Attorney for Plaintiffs 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com C~ _~,, lf-:'4 ~ . t-r ~ -n r.~ -;~ m ~-r ~; -, ~ `~~ .._. - ~ - -r -_ ; .. --i N -- THOMAS, THOMAS & HAFER, LLP By: Joseph A. Holko, Esquire Attorney Identification No. 37386 By: Laura J. Herzog, Esq. Attorney Identification No. 63439 By: Eugene Luciw, Esq. Attorney Identification No. 38%9 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610)868-1675 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY WITMER and ROGER E WITMER, JR., Plaintiffs, vs. FIRST CREDIT SERVICES, INCORPORATED d/b/a STANLEY WEINBERG & ASSOCIATES: AND JAY ALAN, an individual Defendants. DOCKET NO. 07-150 JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS ENTRY OF APPEARANCE AND DEMAND F4R JURY TRIAL TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants, in the above matter. Defendants by and through their undersigned counsel, hereby demand a trial by a jury of twelve. Respectfully submitted, THOMAS, THOMAS & HA,~ER, LLP Atto eys for Dated:3 ~ ~ O '~ 7 ~ ° , --rt ~: -~ ~-i'; ~ -~ ~ ~ -r, ? _~ ~ ~~. -r _a =~- , C r r , Y ~ ....+ THOMAS, THOMAS & HAFER, LLP By: Joseph A. Holko, Esquire Attorney Identification No. 37386 By: Laura J. Herzog, Esq. Attorney Identification No. 63439 By: Eugene Luciw, Esq. Attorney Identification No. 38%9 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY WITMER and ROGER E. WITMER, JR., Plaintiffs, :DOCKET NO. 07-150 vs. FIRST CREDIT SERVICES, INCORPORATED d/b/a STANLEY WEINBERG & ASSOCIATES: AND JAY ALAN, an individual JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendants. CERTIFICATE OF SERVICE AND NOW thi~ay of March, 2007, I, Joseph A. Holko, Esq. hereby certify that I have this date served true and correct copies of the Entry of Appearance/Demand for Jury Trial via United States Mail, postage prepaid, addressed as follows: Deanna Lynn Saracco, Esq. 76 Greenmont Drive Enola, PA 17025 Thomas, Thomas, & Hafer, LLP Jo p Esq ` ` . ~ T -r, -rs -: . ~} r -:a~~~ ; Q 4. > fry ...... ./ y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Beverly Witmer and Roger E. Witmer Jr., Plaintiffs, v. First Credit Services, Inc., d/b/a Stanley Weinberg & Associates, Inc., and Jay Alan, an individual Civil Action No.: 07-150 PRAECIPE TO DISCONTINUE Pursuant to Pa. R.C.P. 229 WITHOUT PREJUDICE And now comes Plaintiff, by and through her counsel, Deanna Lynn Saracco, and files this Praecipe to Discontinue, without Prejudice, the above captioned matter. After further investigation, the Plaintiff believes that the issues in this case will be better served as both an individual and class action, pursuant to federal law, specifically, 15 U.S.C. §1692 et seq., known as the Fair Debt Collection Practices Act. The Plaintiff intends to drop all state actions and raise only the federal causes of action. The Defendant will not be prejudiced since the complaint will remain virtually the same and FDCPA actions are routinely pursued in federal court. This case should be discontinued and you may mark this case CLOSED. Respectfully submitted, Dated: 4/26/07 Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 717-732-3750, Fax, 717-728-9498 Certificate of Service: I hereby certify that I served, via U.S. Mail, postage prepaid, to the defendant as follows: Joseph Holko, Esquire Thomas Thomas & Hafer 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Dated: 4/26/07 Deanna Lynn Saracco ~ ~ ~ ~~+ ~ .c.. ~ r;: N -o . ~;- - v~, ~ -r3 ~~ a fl F `37 ~ iW