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HomeMy WebLinkAbout03-2632IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, No.: NATIONAL RECOVERY AGENCY, INC. · Defendant, JURY TRIAL DEMANDED 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 ~ 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 TA~KE 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 2 Liberty Avenue Carlisle, PA 717-249-3166, 800-990-9~08 NOTICIA Le hah 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 pot 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 pot 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 ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, No.: 03 - ,3-$3a.. NATIONAL RECOVERY AGENCY, INC. ' Defendant. JURY TRIAL DEMANDED COMPLAINT 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. SC. §1692k(d) and 28 U. SC. §1337. Venue lies in this District pursuant to 28 U.S.C. 1391(b). Plaintiff is 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 their principal place of business located at P. O. Box 67015, Harrisburg, Pennsylvania, 17106-7015. Defendant sent a number of letters to Plaintiff, including the attached letter dated February 13, 2003, which are "communications" relating to a "debt" as defined by 15 U. SC §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. 11. On or about February 13, 2003, defendant drafted and mailed a letter to Plaintiff, via United States Mail, demanding payment of $145.00. The letter further stated, "We suggest you seek alternative financing to pay this debt." The letter further stated, "Such alternatives may include: Consolidation loan from your bank, Credit Union or a Finance Company; Savings Bonds; Loans against your Life Insurance Policies." The letter further stated, nenas and relatives may be other sources of financial assistance." 12. The forgoing is confusing, misleading, false and/or deceptive because a collection agency is not qualified and cannot give legal advice. 13. The forgoing is confusing, misleading, false and/or deceptive because a collection agency is not qualified and cannot give financial advice. 14. Plaintiffhas no contract or other agreement for credit with defendant. 15. Defendant's collection communications contained false, misleading, deceptive and confusing statements which violated the FDCPA. 15 U.S.C. §1692e(5) and (10), and §16921'(8) and §1692j, _~e_a!~I, In re B¢lile~ 208 B.R. 658 (E.D. Pa 1977). 16. Defendant's letters failed to inform Plaintiff that he/she is entitled to make partial payments, in violation of 15 U. SC. §1692h. 17. Defendant added an unlawful sums to the amount allegedly owed by Plaintiff 18. Defendant's collection communications were confusing, misleading, false and/or deceptive because the results of Plaintifftaking the action suggested by defendant could be harmful to Plaintiff 19. Defendant's communications violated the FDCPA by overshadowing the 30-day notice as required by the FDCPA. 15 U.S.C. §1692g(4) and (5). 20. Defendant's communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. Tolentino v. Friedman., 833 F. Supp. 697 (ND. I11. 1993); ~!~ys v. Han~, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gaynor. 784 F. Supp 1 (D. Conn. 1989). 21. Defendant added unlawful interest charges or other amounts to the alleged debt, in violation of 15 U.S.C §1692f(1) and 1692e(2)A and B. 22. 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. 23. 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. 24. At all times pertinent hereto, the conduct of the defendant as well as its 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. 25. As a result of defendant's intentional false, misleading, confusing and deceptive practices, Plaintiff suffered and is entitled to damages for emotional distress. 26. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692b, c, d, e, f, g, h, and/or n. 27. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff 28. That, as a result of the wrongful tactics of defendant as aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment on Plaintiffs behalf and against defendant and issue an Order: (A) (c) (D) (E) Dated: 6/2/03 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 Agency, F. Supp._ (D.N.J. May 23, 1989), and ~ Management Ad_iustment Bureau, 805 F. Supp. 1086, 1095 (W.D.N.y. 1992) Award Plaintiff damages for anxiety, harassment, and intimidation directed at Plaintiffin an amount not less than Ten Thousand Dollars ($10,000.00). Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $300.00/hour for hours reasonably expended by his attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. § 1692k(a)(3). Award Plaintiffdamages for emotional distress in an amount of not less than Ten Thousand Dollars ($10,000.00). Award declaratory and injunctive relief, and such other relief as this Honorable C°urt deems necessary and proper or law or eq~ n)7 yrovide. By: ~ Deanna Lynn Smith Attorneys for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 DLSMITI-ILAW~AOL. COM P.O. sox 67046 NA TION.4L RECOVER Y A GENCY IN .A.R SSURC, PA 7 06-70 s RETURN SERVICE REQUESTED 02.13.03 32127442-32 1 Nector Milan 1619 HUNTER ST HARRISBURG PA 17104-0000 FULL SERVICE COLLECTION AGENCY (717) 540-5605 (800) 360-4319 INRE:WSLRAS$OCIATESDDS / AMOUNTDUE: $ 145.00 I~C~TT~ DATE OF SERVICE: SEND TO: NATIONAL RECOVERY AGENCY P.O. BOX 67015 Harrisburg, PA 17106-7015 h"llh,,h,,lllh,,,Ih,h,,llh,,,,,Ihh h,,,Ihhh,lh,I Dear Nector Milan, You have ignored our repeated attempts to lnake pa3'mcnt arrangements to satisfy 3'our debt(s) with our client(s). Under no circumstances will further delay be tolerated. We suggest you seek alternative financing to Pa3' this debt. Such alternatives may include: Consolidation loan from )'our bank, Credit Union or a Finance Company; Savings Bonds; Loans against your Life Insurance Policies. Friends aad relatives may be other sources of financial assistm~ce. If you feel that you can pay your outstanding balance(s) due, and it is not necessary- for you to seek alternative means of financing, you must contact your account representative, Mr Green at extension 3012 to make arrangements to pay this (these) debt(s). Below is a listing of all accounts included in the amount due: W S L R ASSOCIATES DDS 00/00/00 $ 145.00 ***Additional amount not reflected above: $ .00 This is an attempt to collect a debt and any informat on obtained will be used for that purpose. A twenty-dollar service fee r~luibreedadded to all checks not honored by our bank. Should you desire a receipt, a self-addressed, stmnped envelope is Sincerely, NATIONAL RECOVERY AGENCY NRA/ALS-32 ~0~This conununicatiou is from a debt collector. ID Number: 32127442 NECTOR MILAN Plaintiff Vo NATIONAL RECEOVERY AGENCY, INC. Defendant * IN THE COI~T OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * CML ACTION - LAW * NO. 03-2652 NOTICE TO PLEAD TO: Plaintiff above named You are hereby notified to file a written response to the enclosed, Preliminary Objections to PlaintiWs Complaint, within twenty {20) days from service hereof or a Judgment may be entered against you. ARTHUR 4201 Crums Mill Road Harrisburg, PA17112 (717) 540-5610 Supreme Court No. 07207 Attorney for Defendant NECTOR MILAN, Plaintiff NATIONAL RECOVERY AGENCY, INC., * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * CML ACTION - LAW * NO. 03-2632 PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant by and through its attorney Arthur A. Kusic, Esquire and respectfully presents its Preliminary Objections to Plaintiff's Complaint as follows: 1. Plaintiff filed its Complaint with regard to the above referenced matter on or about June 4, 2003. A courtesy copy of said Complaint is attached hereto, made a part hereof and marked Exhibit "Ap. 2. Plaintiff did serve the Complaint upon Defendant via certified mail on or about June 20, 2003. A copy of Plaintiff's envelope addressed to Defendant is attached hereto, made apart hereof and marked Exhibit "B". I. MOTION TO STRIKE FOR FAILURE TO COMPLY WITH RULE OR LAW ON SERVICE OF ORIGINAL PROCESS 3. Defendant incorporates herein by reference thereto the averments hereinabove set forth in paragraphs 1 and 2. 4. As set forth in paragraph 2 above, Plaintiff served Defendant via certified mail. 5. Defendant avers that Plaintiff did not comply with the Pennsylvania Rules of Civil Procedure, specifically, 42 Pa.C.S.A.§ 400, which states that, except as provided, service of originai process shall be served in this Commonwealth "only by the sheriff'. WHEREFORE, Defendant requests this Honorable Court to grant its Motion and strike Plaintiffs Complaint for lack of confmmity to the Pennsylvania Rules of Civil Procedure. II. MOTION TO STRIKE FOR FAILURE TO COMPLY WITH RULE OR LAW ON VERIFICATION 6. Defendant incorporates herein by reference thereto the averments hereinabove set forth in paragraphs 1 through 5. 7. The Pennsylvania Rules of Civil Procedure, specifically 42 Pa.C.S.A.§ 1024 requires that a pleading be verified. 8. Defendant avers that Plaintiff's Complaint fails to comply with rule or law in that Plaintiff has failed to attach his verification to the Complaint. WHEREFORE, Defendant requests this Honorable Court to grant its Motion and strike Plaintiffs Complaint for lack of conformity to the Pennsylvania Rules of Civil Procedure. 'communications contained false, misleading, deceptive and confusing statements which violated the FDCPA~ but falls to identify the communications and the sections thereof to which he is referring and falls to specify in what manner the communications were false, deceptive or confusing and further fails to set forth whether the communications were written or oral and if written, to attach copies of such writings. 23. In addition, the aforesaid paragraph 15 of Plaintiff's Complaint alleges violation of 15 U.S.C.S. 1692 (5), i.e. the threat to take any action that cannot legally be taken or is not intended to be taken without specifying the "action~ to which Plaintiff is referring. Furthermore, while Plaintiff cites In re Belile, the citation provided, i.e. 208 B.R. 658 (E.D.PA. 1977), is incorrect, and the case found at 209 B.R. 658 (E.D.Pa. 1997) has to do with threatening legal action, which action was not mentioned and certainly was not mentioned in the letter Exhibit to Plaintiff's Complaint. 24.In the very same paragraph 15 of Plaintiff's Complaint, Plaintiff alleges that Defendant violated 15 U.S.C.S. § 1692(/)(8), which prohibits the use of any language or symbol, other than the debt collector's address on the envelope when communicating with a consumer, but fails to identify how Defendant's envelope which contains only its post office address in the upper left hand comer of the envelope fails to comply with the FDCPA and furthei~more Plaintiff falls to attach a copy of said envelope. 25. To add to the boilerplate nature of its Complaint, Plaintiff throws EXHIBIT "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, 0 c) C') '73 NATIONAL RECOVERY AGENCY, INC.: Defendant. JURY TRIAL 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 ~w~n~v (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 PAi~ER 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 2 Liberty Avenue Carlisle, PA 717-249-3166, 800-990-9108 NOTICIA Le hah 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 pot 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 pot 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 IM~EDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MIL~, No.: Plaintiff, NATIONAL RECOVERY AGENCY, INC.: Defendant. JURY TRIAL DEMANDED COMPLAINT Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 91692, et seq. ("FDCPA"), particularly 15 [/.S.C. 91692k(d) and 28 U.S.C. 91337. 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 their principal place of business located at P. O. Box 67015, Harrisburg, Pennsylvania, 17106-7015. Defendant sent a number of letters to Plaintiff, including the attacl~ed letter dated February 13, 2003, which are "communications" relating to a "debt" as defined by 15 U.S.C. 91692a(2) and 91692a(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. 8. On or about February 13, 2003, defendant drafted and mailed a letter to Plaintiff, via United States Mail, demanding payment of $145.00. 9. The letter further stated, "We suggest you seek alternative financing to pay this debt." 10. The letter further stated, "Such alternatives may include: Consolidation loan from your bank, Credit Union or a Finance Company; Savings Bonds; Loans against your Life Insurance Policies." 11. The letter further stated, "Friends and relatives may be other sources of financial assistance." 12. The forgoing is confusing, misleading, false and/or deceptive because a collection agency is not qualified and cannot give legal advice. 13. The forgoing is confusing, misleading, false and/or deceptive because a collection agency is not qualified and cannot give financial advice. 14. Plaintiff has no contract or other agreement for credit with defendant. 15. Defendant's collection communications contained false, misleading, deceptive and confusing statements which violated the FDCPA. 15 Er. S.C. § 1692e(5) and (10), and §1692f(8) and §1692j, see also, In re Belile~ 208 B.R. 658 (E.D. Pa 1977). 16. Defendant's letters failed to inform Plaintiff` that he/she is entitled to make partial payments, in violation of 15 U.S.C. §1692h. 17. Defendant added an unlawful sums to the amount allegedly owed by Plaintiff 18. Defendant's collection communications were confusing, misleading, false and/or deceptive because the results of Plaintifftaking the action suggested by defendant could be harmful to Plaintiff`. 19. Defendant's communications violated the FDCPA by overshadowing the 30-day notice as required by the FDCPA. 15 U.S.C. §1692g(4) and (5). 20. Defendant's communications created a false sense of urgency on the past of Plaintiffin violation of the FDCPA. Tolentino v. Friedman, 833 F. Supp. 697 (N.D. Ill. 1993); $1uys v. Hand, 831 F. Supp. 321 (S.D.N.Y. 1993); and Rosa v. Gaynor, 784 F. Supp 1 (D. Conn. 1989). 21. Defendant added unlawful interest charges or other amounts to the alleged debt, in violation of 15 U.S.C. §1692ffl) and 1692e(2)A and B. 22. 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. 23. 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. 24. At all times pertinent hereto, the conduct of the defendant as well as its 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. 25. As a result of defendant's intentional false, misleading, confusing and deceptive practices, Plaintiff' suffered and is entitled to damages for emotional distress. 26. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692b, c, d, e, f, g, h, and/or n. 27. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff` 28. That, as a result of the wrongful tactics of defendant as aforementioned, plaintiffhas been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment on Plaintiff's behalf and against defendant and issue an Order: (A) Award Plaintiff statutoW 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 Agency, F. Supp. (D.N.J. May 23, 1989), and Rabideau v, ~ Management Adiustment Bureau, 805 F. Supp. 1086, 1095 (W.D.N.Y. 1992) (B) Award Plaintif~ damages for anxiety, harassment, and intimidation directed at Plaintiffinan amount not less than Ten Thousand Dollars ($10,000.00). (C).... Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $300.00/hour for hours reasonably expended by his attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. §1692k(a)(3). (D) Award Plalntiffdamages for emotional distress in an amount of not less than Ten Thousand Dollars ($10,000.00). Dated: 6/2/03 Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or e~rovi~de. By:~O~ ~ Deanna Lynn Smith Attorneys for Plaintiff 76 Greenmont Drive Enola, Pennsylvarfia 17025 Telephone 717-732-3750 Fax 717-728-9498 DLSMITHLAW~AOL COM P.O. BOX 67015 HARRISBURG, PA 17106-70t5 RETURN SERVICE REQUESTED 02.13.03 32127442-32 1 Nector Milan 1619 HUNTER ST HARRISBURG PA 17104-0000 NATIONAL RECOVER YA GENCY FULL SERVICE COLLECTION AGENCY (717) 540-5605 (800) 360-4319 IN RE:WSLRASSOOIATESDDS AMOUNTDUE: $ 145.00 f~C~TT~ DATE OF SERVICE: 00/00/00 SEND TO: NATIONAL RECOVERY AGENCY P.O. BOX 67015 Harrisburg, PA 17106-7015 h,,llh,,h,,lllh,,,Ih,h,,llh,,,,,Ihh h,,,Ihhh,lh,I Dear Nector Milan, You have ignored our repeated attempts to make payment arrangements to satisfy 5'our debt(s) with our client(s). Under no circumstances will further del~: be tolerated. We suggest you seek alternative financing to pay this debt. Such alternatives may include: Consolidation loan from ):our bank, Credit Union or a'Finance Company; Savings Bonds; Loans against your Life Insurance Policies. Friends and relatives may be other sources of financial assistance. If you feel that you can pa5' )'our outstanding balance(s) due, and it is not necessary for you to seek alternative means of financing,.you must contact 5'our account representative.. Mr Green at extension ~01~' ~ to make arrangements to pa), this (these) debt(s). Below is a listing of all accounts included in the amount due: W S L R ASSOCIATES DDS 00/00/00 $ 145.00 ***Additional an~ount not reflected above: $ .00 This is an attempt to collect a debt and an), infom~ation obtained will be used for that purpose. A twenty-dollar service fee will be added to all checks not honored by our bank. Should you desire a receipt, a self-addressed, stamped envelope is required. Sincerely, NATIONAL RECOVER Y AGENCY NRAdALS-32 lesThis communication is from a debt collector. ID Number: 32127442 EXHIBIT "B" NECTOR MILAN, Plaintiff Vo NATIONAL RECOVERY AGENCY, INC., Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * CML ACTION - LAW * NO. 03-2632 CERTIFICATE OF SERVICE I, Arthur A. Kusic, Esquire, do hereby certify that on this/t3~day of July, 2003, I placed in the United States mail a true and correct copy of Preliminary Objections to Plaintiff's Complaint v~th first class postage affixed and addressed to the following: Deanna Lynn Smith, Esq. 76 Greenmont Enola, PA 17025 4201 Crums Mill Road Harrisburg, PA t7112 (717) 540-5610 Supreme Court No. 07207 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NECTOR MILAN, Plaintiff, No.: 03-2~32, Civil Term NATIONAL RECOVERY AGENCY, INC.: Defendant. WITHOUT PREJUDICE PRAECIPE TO WITHDRAW THE CASE WITHOUT PREJUDICE AND NOW comes Plaintiff, by and through his counsel, Deanna Lynn Smith, and files this Praecipe to Withdraw the above captioned matter, without prejudice. The case may now be marked CLOSED. Dated: 7/14/03 Respectfully submitted, By: De~a Lynn Smith Attorney for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 SMITHDELYN~aol.com R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Docketing 18.00 Poundage 1.36 Advertising Law Library .50 Prothonotary 1.00 Mileage 8.14 Surcharge 20.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee TOTAL $ 69.00 Advance Costs: 150.00 Sheriff's Costs: 69.00 $ 81.00 Refunded to Arty on 07/19/04 Sworn and Subscribed to before me This doZ~aday of (~ 2004 A.D. ~_~, ")~)~ ~,g/oO~ · ~onot~y ' R. Thon as Kline, Sheriff laudia A. Brewbaker WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-2632 Civil COUNTY OF CUMBERLAND) C1V1L ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MICHAELS, LOUIS & ASSOCIATES, Plaintiff (s) From TANYA BOYLE, 607 PARK RIDGE DRIVE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY PERSONAL PROPERTY (2) You are also directed Id attach the property of the defendant(s) not levied upon th the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,053.50 Interest Atty's Comm % Arty Paid $36.75 Plaintiff P aid Date: JUNE 10, 2004 (Seal) REQUESTING PARTY: Name LOUIS M. CICCONE Address: P.O.BOX 1062 MOON TWP, PA 15108 Attorney for: PLAINTIFF Telephone: 412-604-S395 Supreme Court ID No. L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy