UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

NADINE JOHNSON, : CIVIL ACTION

6434 N. 15th Street :

Philadelphia, PA 19126 :

: No. 02-CV-4165

Plaintiff, :

vs. :

:

NCO FINANCIAL SYSTEMS, INC., :

507 Prudential Road :

Horsham, PA 19044 :

:

 Defendant. : 

ANSWER TO THE COMPLAINT OF PLAINTIFF, NADINE JOHNSON

BY DEFENDANT, NCO FINANCIAL SYSTEMS, INC.

I. Answer to Plaintiff’s Introduction to the Complaint

1. Admitted in part and denied in part. Admitted that plaintiff is

attempting to assert a claim for a purported violation under the Fair Debt

Collection Practices Act, 15 U.S.C. §1692, et seq. (hereafter the “FDCPA”). It is

expressly denied that Defendant, NCO Financial Systems, Inc., (hereafter “NCO”),

violated the FDCPA by engaging in any abusive, deceptive or unfair collections

practices or otherwise attempting to improperly collect funds from the plaintiff for

the payment of a debt owed by the plaintiff’s sister.

2. Denied. The allegations in paragraph 2 of plaintiff's Complaint are

composed entirely of legal conclusions to which no response is required of NCO.

Strict proof thereof is demanded.

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II. Answer to Plaintiff’s Allegations of Jurisdiction and Venue

3 Denied. The allegations in paragraph 3 of plaintiff's Complaint are

composed entirely of legal conclusions to which no response is required of NCO.

Strict proof thereof is demanded.

III. Answer Plaintiff’s Allegations as to Parties

4. Denied. After reasonable investigation, NCO is without sufficient

knowledge and information to form a belief as to the truth of each allegation in this

paragraph and, accordingly, the allegations are denied and strict proof thereof is

demanded at trial.

5. Denied. It is denied that NCO’s principal place of business is at 513

Pennsylvania Avenue in Fort Washington, PA. By way of further answer, NCO’s

principal place of business is located at 507 Prudential Road in Horsham, PA 19044.

6. Admitted.

IV. Answer to Plaintiff’s Statement of Claim

7. Denied. Plaintiff has failed to attach copies of the written

communications allegedly issued from NCO to Jacquelyn Proctor. Therefore, NCO

is without sufficient knowledge and information to form a belief as to the truth of

each allegation in this paragraph and, accordingly, the allegations are denied and

strict proof thereof is demanded at trial.

8. Admitted in part and denied in part. Admitted that plaintiff gave

permission to Jacquelyn Proctor to access plaintiff’s account to pay debt. It is

further admitted that Jacquelyn Proctor, with the express consent of plaintiff,

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authorized NCO to withdraw $50.00 through a phone check. It is denied that the

permission was given for a one-time withdrawal from this account, and strict proof

thereof is demanded at trial.

9. Denied. Plaintiff has failed to attach copies of exhibit “A” to the

Complaint, the February 9, 2002 letter from NCO to Jacquelyn Proctor. Therefore,

NCO is without sufficient knowledge and information to form a belief as to the truth

of each allegation in this paragraph and, accordingly, the allegations are denied and

strict proof thereof is demanded at trial.

10. Denied. Plaintiff has failed to attach copies of exhibit “A” to the

Complaint, the February 9, 2002 letter from NCO to Jacquelyn Proctor. Therefore,

NCO is without sufficient knowledge and information to form a belief as to the truth

of each allegation in this paragraph and, accordingly, the allegations are denied and

strict proof thereof is demanded at trial.

11. Denied.

COUNT I - FAIR DEBT COLLECTION PRACTICES ACT

12. Denied. NCO repeats its answers to the allegations contained in

paragraphs 1 through 11, inclusive, above, as though set forth at length herein.

13. (a)-(e) Denied. The allegations in paragraph 13 of plaintiff's Complaint

are composed of legal conclusions to which no response is required of NCO. Strict

proof thereof is demanded. By way of further answer, NCO denies any violation

under 15 U.S.C. §1692e(5), §1692f, and §1692f(2) and strict proof thereof is

demanded at trial. Further, NCO denies that plaintiff is entitled to any declaratory

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decision regarding the conduct of NCO in attempting to collect a valid debt from

Jacquelyn Proctor.

V. Answer to Plaintiff’s Demand For Jury Trial

No response is required of NCO.

WHEREFORE, Defendant NCO Financial Systems, Inc., respectfully

requests that this Honorable Court dismiss the Complaint with prejudice and

award appropriate and reasonable attorney’s fees and costs to NCO Financial

Systems.

AFFIRMATIVE DEFENSES RAISED BY

DEFENDANT, NCO FINANCIAL SYSTEMS

FIRST AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails to state a claim against NCO Financial Systems,

Inc., upon which relief may be granted.

SECOND AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails to plead facts sufficient to entitle plaintiff to any

relief sought against NCO Financial Systems, Inc.

THIRD AFFIRMATIVE DEFENSE

The claims set forth in plaintiff’s Complaint against NCO Financial Systems,

Inc., fail to set forth any showing of actual damages.

FOURTH AFFIRMATIVE DEFENSE

Plaintiff’s actual damages, if any, are solely the result of acts or omissions by

the plaintiff and her sister, Jacquelyn Proctor.

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FIFTH AFFIRMATIVE DEFENSE

Plaintiff is precluded from recovering statutory damages in the absence of

any statutory violation.

SIXTH AFFIRMATIVE DEFENSE

Neither plaintiff nor her sister, Jacquelyn Proctor, disputed the valid debt,

and plaintiff has suffered no actual injury or damage as a result of NCO Financial

Systems, Inc.’s legitimate attempts to satisfy the valid debt owed by Jacquelyn

Proctor.

SEVENTH AFFIRMATIVE DEFENSE

Plaintiff’s claims are barred by the operation of a Release.

EIGHTH AFFIRMATIVE DEFENSE

Plaintiff's claims are barred by the Doctrine of "Unclean Hands".

NINTH AFFIRMATIVE DEFENSE

If NCO made any of the alleged acts or omissions, these acts or omissions

were not the legal or proximate cause of actual harm, if any, suffered by plaintiff.

TENTH AFFIRMATIVE DEFENSE

Plaintiff has failed to plead any actual damages.

ELEVENTH AFFIRMATIVE DEFENSE

To the extent that plaintiff suffered actual damages, the same being

specifically denied, NCO Financial Systems, Inc., was not the proximate cause of

these damages.

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TWELFTH AFFIRMATIVE DEFENSE

To the extent there was a violation of the FDCPA, said violation being

specifically denied, it was the result of bona fide error notwithstanding the

maintenance of procedures reasonably adapted to avoid any such errors.

WHEREFORE, Defendant, NCO Financial Systems, Inc., respectfully

requests that this Honorable Court dismiss plaintiff’s Complaint, with prejudice,

deny plaintiff’s prayer for relief and award NCO Financial Systems, Inc., reasonable

attorney’s fees and all such other relief that the Court deems just and proper.

Respectfully submitted,

MARSHALL, DENNEHEY, WARNER,

COLEMAN & GOGGIN

BY: 

BUTLER BUCHANAN, III, ESQUIRE

Attorney I.D. No. 31001

ANDREW M. SCHWARTZ, ESQUIRE

Attorney I.D. No. 79427

1845 Walnut Street, 17th Floor

Philadelphia, PA 19103

(215)575-2661

Attorneys for Defendant, NCO Financial

Systems, Inc.

DATED: ___________________

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Case 2:02-cv-04489-WY Document 6 Filed 08/29/2002 Page 7 of 9
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

NADINE JOHNSON, : CIVIL ACTION

:

Plaintiff, :

vs. : No. 02-CV-4165

:

NCO FINANCIAL SYSTEMS, INC., :

:

 Defendant. : 

CERTIFICATE OF SERVICE

I, Andrew M. Schwartz, Esquire, do hereby certify that a true and correct copy

of the ANSWER OF DEFENDANT NCO FINANCIAL SYSTEMS, INC., TO

PLAINTIFF'S COMPLAINT was served upon all parties by the United States

Postal Service, via first class mail, on 2002 to plaintiff’s counsel at the

following address:

ANDREA M. DEUTSCH, ESQ.

LUNDY, FLITTER, BELDECOS & BERGER

450 N. Narberth Avenue

Narberth, PA 19072

610-668-0772

_________________________________ 

BUTLER BUCHANAN, III, ESQUIRE

Attorney I.D. No. 31001

ANDREW M. SCHWARTZ, ESQUIRE

Attorney I.D. No. 79427

1845 Walnut Street, 17th Floor

Philadelphia, PA 19103

(215)575-2661

Attorneys for Defendant, NCO Financial

Systems, Inc.

Case 2:02-cv-04489-WY Document 6 Filed 08/29/2002 Page 8 of 9
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

NADINE JOHNSON, : CIVIL ACTION

6434 N. 15th Street :

Philadelphia, PA 19126 :

: No. 02-CV-4165

Plaintiff, :

vs. :

:

NCO FINANCIAL SYSTEMS, INC., :

507 Prudential Road :

Horsham, PA 19044 :

:

 Defendant. : 

VERIFICATION

, an authorized representative of NCO Financial Systems, Inc.,

verifies that the facts set forth in NCO Financial Systems, Inc.'s Answer to

Plaintiff's Complaint, are true to the best of her knowledge, information and belief.

If the above statements are not true, the deponent understands that he may be

subject to penalties relating to unsworn falsification to authorities.

 

,

Authorized Representative

NCO Financial Systems, Inc.

Dated: ________________, 2002

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