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Home My WebLink About02-3508IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN MASCIOCCHI, Plaintiff, V. CREDIT COLLECTION SERVICES Defendant. No.: o.g- 3o'"o JURY TRIAL DEMANDED COUNT I 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. Venue lies in this District pursuant to 28 U.S.C. 1391(b). Plaintiffis an individual and consumer pursuant to 15 U.S.C. §1692a(6). Defendant is a business entity(ies) engaged in the business of collecting debts within this Commonwealth via letters and telephone calls, with its principal place of business located at Two Well Avenue, Newton, MA, 02459. Defendant is a debt collector as defined by 15 U.S.C. §1692a(3). Defendant sent letters to Plaintiff, dated October 14, 2001, and November 12, 2001, which are "communications" relating to a "debt." 15 U.S.C. § 1692a(2)and §1692a(5). At all pertinent times hereto, defendant was hired to collect an alleged debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 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. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Defendant's October 16, 2001 and November 12, 200 I, letters intentionally contained false, misleading, deceptive and confusing statements which violated the FDCPA. Defendant's letters made false threats in violation of the FDCPA. Defendant's initial letter overshadowed the 30-day notice. 15 U.S.C. 1692(g). Defendant's letters misrepresent the character and amount of the alleged debt, in violation of the FDCPA. Defendant's letters failed to inform Plalntiffofhis rights under the FDCPA. Defendant's letters were intentionally confusing, deceptive and misleading. Defendant failed to inform Plaintiff that he is entitled to make partial payments, in violation of 15 U.S.C. §1692h. Defendant's letter was intended to intimidate and coerce Plaintiff into paying the alleged debt. Defendant's conduct rises to the level required for punitive damages due to the form and language of its notice and the continuous and repetitive nature of the violations under the FDCPA. At all time pertinent hereto, the defendant was acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the defendants herein. At all times pertinent hereto, the conduct of the 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. Defendant made false threats of litigation in violation of the FDCPA. 15 U.S.C. $1692e(5) and (10). 21. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. §1692e(5) and (10), §1692f(8) and § 1692j. 22. As a result of defendant's intentional false, misleading, confusing and deceptive practices, Plaintiff suffered and is entitled to damages for emotional distress. 23. Defendants, in their collection efforts, violated the FDCPA, inter alia, Sections 1692b, c, d, e, f, g, h, and/or n. 24. Defendants, in their collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 25. 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. WI-IEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment on her behalf and against defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FDCPA or each separate and discrete incident in which defendants have violated the FDCPA. Kashak v. Raritan Valley Collection Aeency, F. Supp._ (D.N.J. May 23, 1989), and I~. Management Adjustment ]~urea~. 805 F. Supp. 1086, 1095 (W.D.N.Y. 1992) (B) Award Plaintiff damages for anxiety, harassment, and intimidation directed at him in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. (C) Award Plalntiffcosts of this litigation, including a reasonable attorney's fee at a rate of $250100/hour for hours reasonably expended by his attorney in vindicating (D) (E) his fights under the FDCPA, permitted by 15 U.S.C. §1692k(a)(3). Award Plaintiff damages for emotional distress in an amount of not less than Ten Thousand Dollars ($10,000.00). Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. Dated: 7/22/02 By: I)'eann~'~y~n Smith Lawrence J. Rosen Attorneys for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 DLSMITHLAW~AOL.COM CREDIT COLLECTION SERVICES (800) 775-8220 (617) 965-2000 Fax: (617) 964-5988 Address: Two Wells Avenue, Newton, MA 02459 Hours: Monday - Friday: 8:30AM-Midnight E.S.T. Touch-Tone Sewice: 24 hours-a-day, 7 days-a-week (Se Habla Espa6ol) #BWNBPRZ***17345 #0037540929500056# BRIAN MASCIOCCH! 701CASSEL RD LOT 74 MANCHESTER, PA 17545-9796 I,,,lll,,,I,,Ih,h,l,hhl,l,,I,,,Ihl,,,ll,,I,,,hl,,Ih,hl Date: 10/16/01 File Number: 05 003754092 CANCEL DATE: 07/03/2001 Ao6-288-021587.700 EASY PAY: You can pay by check, credit card and/or establish a payment plan on-line via our website: www.ccs a men .com. Otherwise, call toll-free to either self-service your file or receive live assistance from a CCS Service Representative. MAILING INSTRUCTIONS: Payment should be remitted as referenced below. AIl other ~ should be directed to: CCS, P.O. Box 9134. Needham Heig~hts, MA' y0o2u4rg~-e9.134. Important: include your file number as referenced below to properly identify Make your check payable to: LIBERTY MUTUAL INS. CO. C.C.S. PAYMENT PROCESSING CENTER P.O. BOX 9126 BOSTON, HA 02205-9126 IIh,,,,hh,l,lll,,,,I,l,l.I,,.,ll,,I,l,lh,,,hl.lh,,I,l,i EXP. DATE BRIAN MASCIOCCHI AMOUNT DUE: $212.75 CREDIT COLLECTION SERVICES (800)775-8220 (617)965-2000 Fax:(617)244-1025 Address: Two Wells Avenue, Newton, MA 02459 ,,%.,~.,,~ Hours: Monday - Friday: 8:30AM-Midnight E.S.T. Touch-Tone Service: 24 hours-a-day, 7 days-a-week (Se Habla Espa6ol) II!1111 IIII #BWNBPRZ***17345 #0037540929500496# BRIAN MASCIOCCHI 701 CASSEL RD LOT 74 MANCHESTER, PA 17545-9796 I,,,llh,,h,lh,h,hhhhh,h,,ll,h.lh,h,,hh,lh,hl Date: 11/12/01 File Number: 05 003754092 CANCEL DATE: 07/03/2001 Ao6-288-021587-700 any :i~mat on EASY PAY: You can pay by check, credit card and/or establish a payment plan on-line via our website: www.~. Otherwise, call toll-free to either self-service your file or receive live assistance from a CCS Service Representative. MAlUNG INSTRUCTIONS: Payment should be remitted as referenced below. All other ~ should be direc{ed to: CCS, P.O. Box 9134, Needham Heights, MA 494-9134. Important: include your file number as referenced below to properly identify your file. Make your check payable to: LIBERTY MUTUAL INS. CO. C.C.S. PAYMENT PROCESSING CENTER P.O. BOX 9126 BOSTON, HA 02205-9126 IIh,,,,hl,,I,IIh,.hhhh,,.Ih.hhlh,,,I,hlh,,hhl EXP. DATE BRIAN MASCIOCCHI AMOUNT DUE: $212.75 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN MASCIOCCHI : V. _' CREDIT COLLECTION SERVICES : NO. 02-3508 JURY TRIAL DEMANDED PRAECIPE TO FILE NOTICE OF REMOVAI, TO THE PROTHONOTARY: Please file the attached Notice of Removal, the original of which has been filed with the United States District Court for the Eastern District of Pennsylvania. FINEMAN & BACH, P.C. J_~_~tRY(~RIS (I.D. #33998) RICHARD J.'PERR (I.D. #72883) 1608 Walnut Street, 19th Floor Philadelphia, PA 19103 215-893-9300 September 6, 2002 Attorney for Defendant Credit Collection Services STAT _ FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BRIAN MASCIOCCI:II V. CREDIT COLLECTION SERVICES : NO. FILED : H~,~RISBURG, _, : S[:P 0 3 2002 .- JURY TRIAL DEMANDED , /.--'~/ 'K _ ,, NOTICE OF REMOVAL Defendant Credit Collection Services (hereinafter referred to "Credit Collection Services"), by its undersigned counsel, hereby petitions this Court as follows, pursuant to 28 U.S.C. § 1331: 1. Credit Collection Services is a defendant in an action pending in the Pennsylvania Court of Common Pleas for Cumberland County, No. 02-3508 ("the State Court Action"). Credit Collection Services received a copy of the Complaint. A true and correct copy of the Complaint in the State Court Action is attached hereto as Exhibit "A". 2. Plaintiff in the State Court Action is Brian Masciocchi. Plaintiff is alleged to be an individual and consumer pursuant to 15 U.S.C. § 1692a(6). See Exhibit "A". 3. The State Court Action involves a federal question of law. 4. Purs~ant to 28 U.S.C. § 1331, "It]he district court shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 5. Plaintiff's State Court Action alleges violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., particularly 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1337. 6. Plaintiffs State Court Action also alleges that venue lies in this District pursuant to 28 U.S.C. 1391(h). 7. . Since this case arises out of an alleged violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., this Court may properly remove the State Court Action based on28 U.S.C. § 1331. 8. This Notice has been filed with the Court within thirty (30) days after purported service of the Complaint on Credit Collection Services. WHEREFORE, Credit Collection Services prays that the State Court Action be removed fi.om the Pennsylvania Court of Common Pleas for Cumberland County to this Court for proper and just determination. August 30, 2002 Respectfully submitted, ['~E~ ~'BACH, P.O. RICHARD J. PERR 1608 Walnut Street, 19~ Floor Philadelphia, PA 19103 215-893-9300 Attorney for Defendant Credit Collection Services · ~T COLLP, CT~ON SEE~V~..C~2,; . §1~7- V~l~s l~ ~ Di~ulct pure.mt to 28 U.S.C. iSO-d 2OO/aO0'd 886-1 028i ZZZ 2f6+ Vel 'o3 paoe ~ deu~ni lSlX0 qxpdns s~umr-ma~d mead:SO 15:26 ~1'r~27311 21. ~la~ l~m~'yl~- ~la 17025 T~ 717-7~..-3750 EBO-''m £O0/~O0 'd 986-.L 0£6[ ZZZ .LES+ Vd~ 'oD P~o{2 ~ ~ouJn.L ~elxO ~xpJn$ sMu~f-,,,ojd ,,,e£~,:BO ZO.£Z..sn¥ l,dil.,I,,ll.,i,,l,lJ.U.t.,,ll,l,,,IL.l.,I,l.ll.td Date: File Nun'tSer: 05 0oS754092 You ~ i:my by ~e=tc, c='edit card and/or =la~mO~g~all ano~lld be dir~ted to:. CCS, p.O. ~ 134.~4. N;,~;~mH;i,gh'm, MA ~ 94. enponant: hx=bJde :Your fi~e number ~s :,,=;erenr, ee below to profferS' iden.tny BOSTON~ HA 02205-~X2~ Ifl.,,~ J,,l~.,l~d&,,,Al~,hllmd,hll.,.l.hl AMOUNT DUE:- ""1 $21~.75 ~80-d 200/900'a SSO-~ 0Z6L zz~ z~6+ vel -oo paoa w ~eu~n2 ~elX0 4xP~nS s4uer-mo~:T' me£I,:60 Z:0-EZ-~nV 8BI~8/20B2. ~ 'tl,/~J~'D1 · CAROB. DATE: 07/o'~zucn Ae~..ZI~ 5~7-7~0 ¥~ur ~e er re~v~~-e OCS ServTc~ Repress. ~90-:~ 200/ZOO'd 886-1 026[ ZZZ J.i:6+ Vd'l 'e:) P~o0 T' ,~eu,ln.L ~elxO q~pdns squer-modd Umlq~:80 CERTIFICATE OF SERVICE I, JAY BARRY HARRIS, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe to File Notice of Removal was served this day, by first-class mail, upon the following individual: Deanna Lynn Smith, Esquire 76 Greenmont Drive Enola, PA 17025 September 6, 2002