Paoletta v. Stock & Grimes, LLP

[David A. Szwak]

Slip Copy, 2005 WL 3543190 (M.D.Pa.)

United States District Court,
M.D. Pennsylvania.
Michael PAOLETTA, Plaintiff
v.
STOCK & GRIMES, LLP, et al., Defendants

No. Civ. 1:05-CV-0553.

Dec. 27, 2005.

MEMORANDUM AND ORDER


SMYSER, Magistrate J.
*1 This is a civil action brought by an individual, Michael L. Paoletta, under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., and the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. § 2270.1, et seq.
The court has jurisdiction under 15 U.S.C. § 1692k(d), 28 U.S.C. § 1331, 1337 and 1391(b).
The amended complaint (Doc. 13) alleges that defendant Sherman Acquisitions, L.P. purchased and was assigned a debt owed by the plaintiff to Sears, Roebuck & Co. or Sears National Bank. It is alleged that Sherman is not licensed to do business in the Commonwealth or registered with the Pennsylvania Department of State. Defendant Stock and Grimes, LLP, is a Jenkintown, Pennsylvania law firm. Defendant Stock and defendant Grimes are attorneys. Defendant Ressler & Ressler is a Jenkintown, Pennsylvania law firm. Defendant Paul Ressler is an attorney.
The complaint states that at all pertinent times the defendants were hired to collect a debt relating to medical services originally owed to Sears. The plaintiff sent a letter of dispute to Sears seeking validation of the debt, on November 30, 2001. Sears did not respond. On September 22, 2003, an attorney for Sherman sent a letter to plaintiff Paoletta in which it was stated that Sherman had purchased the debt from Sears with a validation notice. On September 26, 2003, Paoletta responded stating that the debt was in dispute and requesting verification from Sherman “of account including but not limited to executed promissory note on the account, executed negotiable instruments on the account, contract between Sears and Paoletta on the account and accounting ledgers on the accountâ€