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Home My WebLink About07-1100O7_ ~loa IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cathy Hornbaker Sharon Road Enola, PA 17025 Richard J. Boudreau & Associates, LLC, and Richard J. Boudreau, an individual, 5 Industrial Way Salem, NH 03079 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 Signature of Attorney Dated: _2/22/07 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. Pro onota Dated: aQ(>, By: Deputy ~C'~ }P~',3 .~ ~y a } ~~~f .. s... _ ) ~r _ ~ ~ 1 ~-~' ~_ ~~+.e~+.~-~ i> Q ""' ..Q "I] .~.> .:. ~ ~:..Z _ r~ ~/ ~~ i~ :~ Bruce K. Warren, Esquire Warren & Vullings, LLP 1603 Hawn Street Atty. I.D. No. 89677 Philadelphia, PA 19111 (215)745-9800 Attorney for Defendant Cathy Horn baker Vs. Richard J. Boudreau & Assoc., LLC., and Richard J. Boudreau, an individual COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil Action No. 07-1100 DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT NOTICE NOTICE You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are 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 you and a judgment may be entered against you by the court 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, !a torte tomara medidas y puede continuar la demanda en contra suya sin previo avis o notificacion. Ademas, Ia torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de estas demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. LLEVES ESTA DEMANDA A UN ABOGADO tNMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A ASISTENCIA LEGAL. REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 1-800-990-9108, 717-249-3166 Bruce K. Warren, Esquire Atty. I.D. No. 89677 Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Attorney for Defendant Cathy Hornbaker COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. Civil Action No. 07-1100 Richard J. Boudreau & Assoc., LLC., and Richard J. Boudreau, an individual PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BY DEFENDANTS, RICHARD J. BOUDREAU & ASSOC., LLC AND RICHARD J. BOUDREAU, AN INDIVIDUAL Defendants, Richard J. Boudreau & Assoc., LLC and Richard J. Boudreau, an individual, by and through the undersigned counsel, preliminarily object to the Complaint filed in the above captioned matter as set forth above. Plaintiff instituted an action based primarily on the Fair Debt Collection Practices Act by way of Civil Complaint. A true and correct copy of the Complaint is attached hereto as Exhibit "A" 2. Plaintiff s Complaint essentially alleges that the defendants violated various provisions of the Fair Debt Collection Practices Act by sending communications to plaintiff by U.S. mail and/or telephone calls. I. Motion to Dismiss Plaintiff s Complaint Pursuant to Pa R.C.P. 1028(a)(2) Plaintiff has failed to verify the Complaint as required by Pa. R.C.P. 1024. Defendants hereby incorporated by reference paragraphs 1 and 2 above as though fully set forth herein. 4. Pa. R.C.P. 1024(c) provide that the verification to a Complaint "shall be made by one or more parties on a pleading, unless the parties (1) lack sufficient knowledge or information or (2) are outside the jurisdiction of the Court and the verification of none of them can be obtained within the time allowed for filing the pleading." 5. In the instant matter, plaintiff s counsel has not even attached her own verification in substitution. Plaintiff's counsel does not aver that an exception to 1024(c) exists. WHEREFORE, defendants respectfully request that the Complaint be dismissed pursuant to Pa. R.C.P. 1028(a) (2) for failing to attach the proper verification to the Complaint as required by Pa. R.C.P. 1024. II. Motion to Dismiss Plaintiff s Complaint Pursuant to Pa. R.C.P. 1028(a) (2) Plaintiff has failed to attach the writings as required by Pa. R.C.P. 1019(I) 6. Defendants hereby incorporated by reference paragraphs 1 and 5 above as though fully set forth herein. 7. Throughout her Complaint, plaintiff makes repeated references to the alleged communication by defendants. 8. This communication which was sent via "U.S. Mail" is not attached to plaintiff s Complaint. 9. Pa. R.C.P. 1019(1) requires that where a claim in a pleading is based upon a writing, "the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to him, it is sufficient so to state, together with the reason, and to set forth the substance of the writing." Here, plaintiff has failed to state any reason why a copy of the writing was not available to her, unless the failure to attach is not excused under Pa. R.C.P. 1019(I). WHEREFORE, defendants respectfully requests that the Complaint be dismissed pursuant to Pa. R.C.P. 1028(a) (2) for failing to attach the communication to the Complaint as required by Pa. R.C.P. 1019(h). BY: ` ~ v nice K. Warren, Esquire Attorney for Defendants EXHIBIT "A" o~ _ ~~~a ~~~ ~,~ ~' ~ IN THC COURT OF COMMON PLEAS CUIYIBERLAND COUNTY, PCNNSYLVANIA Cathy Iiornhahcr Sharon Road Enola; PA 17025 Richard .I. Boudreau cC Associates, LLC, and Richard .I. Boudreau, an individual, ~ Industrial Way Salem, NI-I 03079 Plaintiff{sl & Addresses ~, ~`~ : -~ Defetldant(sl cC Addresses '"'; _ ~^', c;,~~ ra ~ ~ t 1 r;:, PRADCII'C F'OR WRiT OI' SUMMONS ~ 4~ ^ - TO TI IE PROTIIONOTAR~' OF SA[D COURT: ~' ~ ~- =i p Please 1SSLle Will: Of Slln11170I15 In the above-Cal]tlotled aCt1017. Wl'!t Of SLIt77n7Qn$ Sllall lle 15SOUed and forwarded to (X) Attol•tlcy O Sheriff:. Deanna Lynn Saracco, Esquire 76 Greenmant Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaW ct aol.com _~~ _~d Signature of Attorney Dated: 2/22/07 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT Tf-IE ABOVE-NAMED PLAINTIF>±(S) HAS/I-IAVE COMMENCED AN ACTION AGAINST YOU. Pr thouotaty Dated: `~_~ (~j~ By: ~Testimnny~~~n^ ?i, ~1nnw~`~~~L7~~/Yllll~~iv. yid ~ ,,.,; . ;..~,. ~ ~~ ~ seat ~~~ ~_.:_. ~~,'~ ~:';,?Ii! ' $ ay ~' 7 ~.~.~~_ Del~uty 0 ~~ ~1~ !J _~ c~ C'~ ;~ ri -•G ,gip 3-~g o7 Gv~ o~~- ~~ao IN TIIE COU[t.T OF COfvCMON PLEAS CUIvIBERLAND COUNTY, PENNSYLVANIA NOTICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: Yau 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 obj-ections to the claims set forth against you. You a~-e 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 1-800-990-91.08, 717-249-3ib6 NOTICIA Le ban demandado a usted en la Corte. Si usted quire defenderse de estas demandas erpuetas en las paginas siquientes, usted tiene viente (20) dins 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 coxte 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 demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMAh1DA A UD1 ABOGADO IMMEDIATAMEI4TE. SI IJO TIEIJE ABOGAD00 SI NO TIEhIE EL DIAlERO SUFICIEDITE DE PAGAR TAL SERVICIOlJ, VAYA EN PERSOb]A 0 LLP.ME POR TELEFOlJO A LP_ OFICIIdA CUYA DIRECCIOl4 5E PUEDECObISEGUIR ASTSTEb1CIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL~~ANIA Cathy Hot~tibal:er, Plaintiff, v. Civil Action No.: 07-1100 Jury Trial Demanded Richard J. Boudreau & Assoc., LLC., and Richard J. Boudreau, an individual, Defendants. COMPLAINT i. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.C. §1G92a(3). 2. Defendant Richard J. Boudreau, is an individual and attorney engaged in the business of collecting debts in this Commonwealth. with its principal place of business located at Five Industrial Way, Salem, New Hampshire, 03079. 3. Defendant Richard. J. Boudreau & Associates; LLC, is a business entity and law firm, engaged in the business of collecting debts in this Commonwealth with its principal place of business located at Five Industrial Way, Salem, New Hampshire, 03079. 4. ' Jutisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. X1692; et seq. ("FDCPA"), particularly 1.5 U.S.C. ~1.692k{d) anal ?8 U.S.C. 51337. 5. Venue lies it1 this District pursuant to 2S U.S.C. 1391{b}. 6. On or about January and February; 2007, Defendant contacted Plaintiff by U.S. Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 7. Defendant is a debt collectors as defined by the state law and the FDCPA. 15 U.S.C. 11692a(6). 8. Defendant sent letters and/or made telephone calls to Plaintiff in Januai}~ and rebtvary ?007, which are "cotntnunications" relating to a "debt" as defined by 1 ~ U.S.C. 11 G92a(2}. 9. At all pertinent times hereto the defendant was collecting an alleged debt relating to a consumer transaction, pursuant to i5 U.S.C. § 1G92a($). (Hereinafter the "alleged debt.") 10. Defendant communicated with plaintiff on or after one year before the date of this action, in connection with collection effot•ts, by letters, telephone contact or other documents, with regard to plaintiff s alleged debt. 11. Plaiutif'f believes and therefore avers fihat Defendant's letters contained false, misleading, deceptive and/or confusing statements. 12. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading, deceptive and/or confusing statements. U. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications, were rude, beligerent, insulting and harassing to the Plaintiff 14. Defendant communicated with third parties about the Plaintiff s alleged debt without the consent of the Plaintiff. 1 ~. Defendant comrrtunicated detailed infotn~ation about the Plaintiff to a third party, without the consent of the Plaintiff. 16. Defendant is a law frm, not licensed to practice law in Pennsylvania. 17. Plaintiff believes and therefore avers that Defendant uses is position and. title as attorneys in order to add heightened urgency and intimidation to its coIlecl:ion 13ractices. 18. Defendant uses is attorney status to make false, misleading and/or deceptive representation and/or implications that it has authority to take legal action in Petutsylvania. 19. Defendant failed to make clear to the Plaintiff that it has no authority to tat:e legal action in Pennsylvania. 20. Consumers are hurt by these tactics. 21. . At all pertinent times hereto, the alleged debt is barred by the statute of limitations. 22. Plaintiff disputes the alleged debt and 1lereby requests proof of the manner in which the alleged debt was calculated, as is required by state and federal law. COUNT I - PENNSI'LVANIA I+'AIR CREDIT EXTENSION UNIFORMITY ACT 23. Plaintiff hereby incorporates the foregoing as if fully stated herein. 2~. ,lurisdiction for this Action is asserted pursuant to the Pennsylvania f air Credit Eltension Uniformity Act, 73 P.S. ~??70 el seq. 2~. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). ?6. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as def ned by FCEU and the regulations; including but not limited to, violations of 37 PaCade ~§303.3(3), 303.3(1-), 303.3(18), 303.6 and 73 P.S. 201-2(4). 27. Defendant's acts as described herein were done with malicious; intentional, willful, reclaess; negligent and wanton disregard for Plaintiff's rights with the purpose of coercing Plaintiff to pay the alleged debt. 28. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. 29. At ail Mmes pertinent Hereto, the defendant, Rictt:trd J. Boudreau, controlled anti directed the collection activities of the defendant (a~+~ fit•m. 30. At all fii~nnes pertinent hereto, respondent superior applies to flies acfiion. WHEREFORE, plaintiff requests that this 1-lonorable Court issue judgrruent on Plaintiff s behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. ??07.5. COUNT II -PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTLON LAW 31. Plaintiff hereby incorporates the forgoing as iffully set forth herein. 32. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S.~~'201-1 et seq. 33. Thal defendant engaged in unfau• methods of competition. and unfair or deceptive acts or practices, as de~.ned by UTPCPL. 3'F. As a result of the above violations, Plaintiff is entitled to stah.rtory, actual, treble and punitive damages and attorney's fees and casts. V1'IEiEREFORE, 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. §?01-90?. COUNT III -FAIR DEBT COLLECTION PRACTICES ACT 35. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 36. .lurisdietion for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. {~1G92, et seq. ("PDCPA"), particularly 1 ~ U.S.C. ~ I6921c(d) and 28 U.S.C. § 1337. 37. Venue lies in this District pursuant to 2S U.S.C. 1391(b). 38. The FDCPA states that a violation of state law is a violation of die rDCPA. 15 U.S.C. § 1692n. 39. 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 tot S Pa.C.S. ~ 7311(a){ 1) and (2). 40. Plaintiff believes and therefore avers that defendant 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). 41. The PDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. ~169?n. Defendant violated this section of the PDCPA. 42. Plaintiff believes and therefore avers Yhat defendant added interest, fees and costs in violation of state and federal law. 43. Defendant in its collection efforts, demanded interest, fees and/or casts in violation of the FDCPA, 15 U.S.C. ~ 1692f{1) and 1692e(Z}A and B. 411. There was never an express a' eement by Plaintiff to pay any additional fees, castor interest to Defendant or any of its agents. 46. On or about Tanuary ?007, defendants contacted Plaintiff regarding a consumer debt. 46. Defendant's agent fold Plaintiff that he was going to file a lawsuit against her. 47. Defendant's agent told Plaintiff that as a result of the law suit, he would be tat:itlg her bonze and she would be homeless. 48. Plaintiff disputed the alleged debt however, told defendants agents that she would make a payment, to prevent a lawsuit. 49. The FDCPA stales, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 1~ U.S.C. §169?f Defendant violated this section of the FDCPA. Sl). The FDCPA states, a debt collector tray not use false, deceptive or misleading representatian or means in connection with the collection of any debt. 15 U.S.C. ~ 1692e(~) and (10}, § 1692f($) and ~ 1692j. Defendant violated these sections of the FDCPA. 51. The FDCPA states, a debt collector ma}' n.ot make the representation or implication that 110n-payment Of ail}' debt Wltl Cesult I17 a lalvStllt and a Sherl~~S Sale. l5 U.S.C. ~ 1692e(=1). Defendant violated these sections of the FDCPA. S2. The FDCPA slates, 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. 1G U.S.C. ~ l 692d. Defendant violated this section of the FDCPA. 53. The FDCPA provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. ~ 169?g. Defendant violated this section of the FDCPA. 5~1. Defendant failed to provide proper consumer warnins in its initial telephone contact; in violation of l~ U.S.C. ~1692e(11). ~~. Defendant failed to send Plaintiff a validation notice within Live days of the initial contact, in violation of 1S U.S.C. ~1692g. ~G. Defendant added unlawful interest charges or other amounts to the alleged debt, or misrepresented the amount of the debt, in violation of 15 U_S.C. ~ 1b92f(1) and. 169?e(2)A and B. ~7. Defendant overshadowed the FDCPA, violating IS U.S.C. ~1G92g. ~$. Agents of the defendant misrepresented that they were n~ fact; atl:orneys licensed to practice law in Pennsylvania, in violation of IS U.S.C. §I692e{3 ). ~9. Defendant improperly advised Plaintiff that failure to pay would result in loss of her home and property, in violation of 1~ U.S.C. §1692e{~ and l0). 60. Defendant and/or agents of defendant threatened. action that catu~ot legally be taken and/or want intended to be taken, in violation oC 1 ~ U.S.C. § 1 G92e(5). 61. Defendant and/or agents of the defendant gave the false impression that Plaintiff conmiitted a crime, in violation of 1S U.S.C. §1692e(7). 62. Defendant and/or agents of the defendant threatened to communicate false credit inforn~ation, in violation of in violation of 1S U.S.C. §1692e(S). 63. Defendant and/or agents of the defendant refused to commwlicale that Plaintiff disputed the alleged debt, in violation of 15 U.S.C. §1G92e(8). 64. Defendant and/ar agents of the defendant give false, deceptive and misleading information to Plaintiff, in violation of 1~ U.S.C. §1692e(10). 65. Defendant anal%ar agents of the defendant attempted to collect a lime barred debt; in violation of 1 ~ U.S.C. ~ Ib92r 66. Defendant and/or agents of the defendant were rude, belligerent and insulting to the Plaintiff and used profane and abusive la~iguage in violation of 15 U.S.C. ~169?f 67. Defendant turd/or agents of die defendant caused the.phone to ring and engaged the Plaintiff in repeated telephone conversations, in violation of 1 S U.S.C. ~ 1692d(5). 68. Defendant and/or agents of the defendant made calls to the Plaintiff without disclosing his/her identity, in violation of 15 U.S.C. § 1692d(6). G9. Any tlueat 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 Lales Collection Bureau, 6 F.3d G2 (2d Cir. 1998). See also, l5 U.S.C. ~1692e{5), l~ U.S.C. ~1692e(10). 70. Courts have held that the threat of litigation is present simply because the letter comes from an attorney: the letter need not e~piicitly threaten suit. Crosslev v. Lieberman, 868 F.2d 566 (3d Cir. 1989). United States v. Central Ad'Zusttnent Bureau, 667 F. Supp. 370, 397 (N.D. Tea. 1986). 71. An attorney's interstate collection contacts must avoid misrepresenting the attorney's authority to sue where he or She is not admitted to practice. Crosslev v. Lieberman. 868 F 2d X66 (3d Cir. 1989). 72. Defendant's contacts would easily confuse the least sophisticated consumer and cause the consumer to falsely believe that he/she could be sued in an out-of state court. Rosa v. Ga nor, 704 F. Supp. 1 (D. Conn. 1989). 73. Ai all time pertinent hereto, the defendant was acting liy 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. 74. At all times pertinent hereto, the conduct of defendant as well as their agents, servants, and/or employees, was malicious, intentional, willful, recldess, negligent and in wanton disregard for federal and state law and the rights of the Plaintiff herein. 75. The above n3entioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 76. Defendant, in its collection efforts, violated the FDCPA, ireter crlia; Sections 1.692, b, c; d, e, f, g, h, and/or n. 77. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress acid harass plaintiff. 78. That, as a result of the wrongful tactics of defendants a.5 aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is souglrt. WHEItErORE, Plaintiff respectfully requests that his >=Ionorable Court enter judgment for Plaintiff and against defendant and issue an Order: (A) Award Plaintiff statutor3~ damages in the amow~t of One Thousand Dollars ($1.,000.00) for each violation of the FDCC'A or each separate and discrete incident in which defendants have violated the FDCPA. {B) Award Plaintiff gene~•al 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 defendants fani~ letters. C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of ~4~0.00/hour for hours reasonably upended Plaintiff s attorney in vindicating his rights under the PDCPA, permitted by 15 U.S.C. § 1692k(a)(3). (D} Award declaratory and injunctive relief, aiid such other relief as this Ilonoralale Court deems necessary and proper or law r equity. may provide. Dated: 3/23/07 By: /s/ L ~ n Saracco Deanna Ly~in Saracco, tl:arney for Plaintiff 7G Greenmont Drive, Enola, PA 1702 Telel~l~one 717-732-3750 Pax 7l 7-725-9195 Email: SaraccoL,aw cr,aol.com Bruce K. Warren, Esquire Atty. I.D. No. 89677 Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Attorney for Defendant Cathy Hornbaker COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. Civil Action No. 07-1100 Richard J. Boudreau & Assoc., LLC., and Richard J. Boudreau, an individual VERIFICATION I, BRUCE K. WARREN, ESQUIRE, hereby state that I am the Attorney for Defendants in this action and verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. BRUC K. WARREN, ESQUIRE Attorney for Defendants Bruce K. Warren, Esquire Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 (215)745-9800 Atty. I.D. No. 89677 Attorney for Defendant Cathy Hornbaker vs. . Richard J. Boudreau & Assoc., LLC., and Richard J. Boudreau, an individual COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil Action No. 07-1100 CERTIFICATE OF SERVICE This is to certify that true and correct copies of the within Defendant's Preliminary Objections to Plaintiff's Complaint have been served upon the following persons by Federal Express delivery, on the date stated: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 Dated: April 19, 2007 BY:_ B ce K. Warren, Esquire Attorney for Defendants L ~ r { °^`# ~ ~ `~ o .-z~ r t. ~~ ~~ - t-j ~ . r, ~ j '~'C.~ Q ~ITi --• W ^~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cathy Hornbaker, Plaintiff, Civil Action No.: 07-1100 v. Richard J. Boudreau & Assoc., LLC., and Richard J. Boudreau, an individual, Defendants. Jury Trial Demanded 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 raise 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. Respectf ly su mitted, Dated: 4/23/07 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: Bruce K. Warren Warren & Vullings, LLP 1603 Rhawn Street Philadelphia, PA 19111 Dated: 4/23/07 f De a Lynn Saracco n ~ ~7 ~~ ~ "'T} iT i ~",~ 7 L,,.~ _ .. , ~- ~-r - "t] • ~ ~ '~b~ '~;~ ~ l t ~[ ~F~ l.W yr -..~ A ~.. q