HomeMy WebLinkAbout08-1336IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA 71o 0JP 1334
Annette Shutt Advanced Recovery Systems
Mechanicsburg, PA 901 East Eighth Ave, Suite 206
King of Prussia, PA 19406
Plaintiff(s) & Addresses I 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@aolxom
kSignature of Attorney
Dated: 2/27/08
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLA TIFF(S) HAS/ AVE
COMMENCED AN ACTION AGAINST YOU. cjw
Pro onotary
Dated: t aov 7
By:
Deputy
c`; v
} rrry,
?? bo
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Annette Shutt,
Plaintiff
V.
Civil Action No.: 08-1336
Jury Trial Demanded
Advanced Recovery Systems,
Defendant.
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 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 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 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
1-800-990-9108, 717-249-3166
NOTICIA
Le han 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 por 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 por 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 ABOGAD00 SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL.
Annette Shutt,
Plaintiff
V.
Advanced Recovery Systems,
Defendant.
Jury Trial Demanded
COMPLAINT
GENERAL ALLEGATIONS
1. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. §2270 et seq.
2. Plaintiff is a consumer located within the Commonwealth of Pennsylvania.
3. Defendant is a business entity engaged in the business of collecting consumer debts in
this Commonwealth with a mailing address of 901 East Eighth Ave., Suite 206, King of
Prussia, PA 19406.
4. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. §2270.4(a).
5. On or about January 2008, Defendant contacted Plaintiff by telephone at her place of
employment as well as at her home.
6. During the course of the contacts, Defendant admitted to contacting Plaintiff's insurance
company and obtain personal information about Plaintiff.
7. According to Plaintiff's insurance company, agents of the Defendant misrepresented the
debt collectors identity and gave personal information about the Plaintiff to the
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Civil At-tinn Nn • OR_111A
8. Plaintiff's insurance company has all calls recorded.
9. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and
is therefore, unlawfully attempting to collect the alleged debt.
10. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in
violation of Pennsylvania law.
11. Plaintiff believes and therefore avers that Defendant used false, deceptive and misleading
tactics in order to harass and coerce Plaintiff into paying an alleged debt that she did not
owe.
12. At all times pertinent hereto, Plaintiff was waiting on insurance information in order to
pay the original creditor, however, the debt collector continued to use false means to
obtain private information about the Plaintiff.
COUNT I - PENNSYLVANIA FAIR CREDIT
EXTENSION UNIFORMITY ACT 73 P .S. §2270 et seq.13. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
14. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
§ 1692n. Pennsylvania law applies to this Action. 18 Pa.C.S. §7311:
15. Plaintiff believes and therefore avers that Defendant violated 18 Pa. C.S. §7311.
16. Plaintiff further believes that Defendant violated provisions of the Fair Debt Collection
Practices Act, as alleged in the General Allegations and Count Il, as such, said violated
also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a).
17. That Defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices, as defined by FCEU and the regulations, including but not limited to, violations
of 37 Pa.Code §§303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S. §201-2(4).
18. Defendant' acts as described herein were done with malicious, intentional, willful,
reckless, negligent and wanton disregard for Plaintiff's rights with the purpose of
coercing Plaintiff to pay the alleged debt.
19. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and
punitive damages and attorney's fees and costs, in an amount of not less that $30,000.00.
WHEREFORE, plaintiff requests that this Honorable Court issue judgment on his behalf
and against Defendant for a statutory penalty, treble damages, punitive damages, attorney fees
and costs pursuant to 73 P.S. §2270.5.
COUNT II - FAIR DEBT COLLECTION PRACTICE ACT
15 U.S.C. §1692 ET SEQ.
20. 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.
21. Venue lies in this District pursuant to 28 U.S.C. 1391(b).
22. Plaintiff is an individual and consumer pursuant to 15 U.S.C. § 1692a(6).
23. Defendant are debt collectors as defined by 15 U.S.C. 11692a(3).
24. Defendant contacted Plaintiff during January 2008, which are "communications" relating
to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a(5).
25. At all pertinent times hereto, the Defendant were hired to collect a debt relating to a
consumer transaction. (Hereinafter the "alleged debt.")
26. 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.
27. FDCPA requires debt collectors to comply with all state laws. 15 U.S.C. § 1692n.
Defendant violated Pennsylvania law states, 18 Pa.C.S. §7311, as stated herein.
28. The FDCPA states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 U.S.C. § 1692£ Defendant violated this section
of the FDCPA.
29. The Defendants violated 15 U.S.C. § 1692c(b) by contacting a third party, without the
Plaintiffs prior consent.
30. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the
imminence of legal action by Defendants.
31. At all times pertinent hereto, the Defendants made all contacts to the Plaintiff by
telephone.
32. The Defendants violated 15 U.S.C. §1692e(11) by failing to provide the consumer with
the proper warning, "this is an attempt to collect a debt, any information obtained will be
used for that purpose," during the initial telephone communications and in subsequent
communications.
33. Defendants violated 15 U.S.C. § 1692g, by failing to provide the consumer with the
proper validation notice within five days of the initial communication.
34. Defendants violated 15 U.S.C. § 1692g by demanding payment without providing the
proper consumer warnings, thus, defendants overshadowed the FDCPA.
35. Defendants violated 15 U.S.C. § 1692f, by attempting to collect a time barred debt.
36. Defendants violated 15 U.S.C. § 1692f, by threatening and/or filing suit without proper
legal authority in Pennsylvania.
37. Defendants violated 15 U.S.C. §1692d(2) by using abusive language towards the
consumer.
38. Defendants violated 15 U.S.C. §1692d(5) by causing the phone to ring and engaging the
consumer in repeated conversations.
39. The FDCPA states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any debt. 15 U.S.C.
§1692e(5) and (10). Defendant violated these sections of the FDCPA.
40. The FDCPA states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 U.S.C. § 16920 Defendant violated this section
of the FDCPA.
41. The FDCPA states, a debt collector may not use false, deceptive or misleading
representation or means in connection with the collection of any debt. 15 U.S.C. § 1692e.
Defendant violated this section of the FDCPA.
42. The FDCPA states, 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. 15 U.S.C. § 1692d. Defendant violated this section of the FDCPA.
43. The FDCPA states, a debt collector may not communicate, in connection with the
collection of any debt, with any person other than the consumer. 15 U.S.C. § 1692c(b).
Defendant violated this section of the FDCPA.
44. The Defendant violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the
imminence of legal action by Defendant.
45. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff
had requested the Defendant cease communication with the Plaintiff.
46. The Defendant violated 15 U.S.C. §1692g, by failing to give the required notices to the
Plaintiff in the initial communication.
47. At all times pertinent hereto, the initial communication was made by telephone.
48. At all times pertinent hereto, the Plaintiff was unable to dispute the alleged debt.
49. The FDCPA provides certain rights to the consumer regarding his/her right to dispute the
alleged debt, 15 U.S.C. §1692g. Defendant violated this section of the FDCPA.
50. The FDCPA states, a debt collector may not communicate with a consumer at the
consumer's place of employment if the debt collector knows or has reason to know that
the consumer's employer prohibits the consumer from receiving such communications.
15 U.S.C. § 1692c(a)(3). Defendant violated this section of the FDCPA.
51. The FDCPA states, it is unlawful to add interest, charges, fees or other costs unless
authorized by law or contract; Plaintiff does not have a contract with Defendant.
15 U.S.C. §1692f and § 1692e(2)(A) and (B). Defendant violated this section of the
FDCPA.
52. Defendant's collection communications were intentionally confusing, misleading and
otherwise deceptive to the Plaintiffs, in violation of 15 U.S.C. §1692e(5) and (10).
Defendant's communications created a false sense of urgency on the past of Plaintiff in
violation of the FDCPA.
53. 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 Defendant herein.
54. At all times pertinent hereto, the conduct of 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.
55. Plaintiff believes and therefore avers that the Defendant's agents made false threats of
litigation.
56. Defendant's threat of litigation was false because Defendant does not routinely file suit
against consumer debtors, in violation of 15 U.S.C. § 1692e(5) and (10).
57. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C.
§ 1692e(5) and (10).
58. Plaintiff was confused, deceived and believed that litigation was imminent if settlement
was not made.
59. The above mentioned acts with supporting cases demonstrates that the conduct of
Defendant rises to the level needed for punitive damages.
60. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
61. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
62. 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 Plaintiff's behalf and against Defendant 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 Defendant have violated the FDCPA.
(B) Award Plaintiff general damages and punitive 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 Defendant form letters.
(0) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
rate of $450.00 per hour, for hours reasonably expended by Plaintiff's attorney in
vindicating Plaintiff's rights under the FDCPA, permitted by 15 U.S.C.
§ 1692k(a)(3).
(D) Award declaratory and injunctive relief, and such other relief as this Honorable
Court deems necessary and proper or law or equity may provide.
Dated:3/17/08 By: eanna Lynn Saracco
Deanna Lynn Saracco, Attorney for Plaintiff
76 Greenmont Drive, Enola, PA 17025
Telephone 717-732-3750
Fax 717-728-9498
Email: SaraccoLaw@aol.com
.-a
co
.. ...EMS .?+.
lR?
MAURICE & NEEDLEMAN, P.C.
BY: Joann Needleman, Esq.
Identification No. 74276
BY : Charlene Taylor
Identification No. 203920
935 One Penn Center
1617 John F. Kennedy Blvd
Philadelphia, PA 19103
(215) 789-7154
Attorney for Plaintiff
ANNETTESHUTT
Plaintiff,
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Case No. 08-1336
ADVANCED RECOVERY SYSTEMS
Defendant(s).
PRAECIPE TO. FILE COPY OF NOTICE OF REMOVAL
TO THE PROTHONOTARY:
As provided under 28 U.S.C. § 1446(d), please file the attached copy of Defendant's
Notice of Removal, filed in the United States District Court for the Eastern District of
Pennsylvania as of April 21, 2008
Respectfully Submitted,
MAU E & EEDLEMAN, P.C.
BY: OANN NEEDLEMAN, ESQUIRE
Att ey for Defendant, Advanced Recovery
Systems
Date: April 21, 2008
Page 1 of 2
Joann Needleman
From: PAMDEfilingstat@pamd.uscourts.gov
Sent: Tuesday, April 22, 2008 8:57 AM
To: pamd-ecf-nef@pamd-uscourts.gov
Subject: Activity in Case 1:08-cv-00739-SHR Shutt v. Advanced Recovery Systems Notice of Removal
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT
RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy
permits attorneys of record and parties in a case (including pro se litigants) to receive one free
electronic copy of all documents filed electronically, if receipt is required by law or directed by the
filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each
document during this first viewing.
United States District Court
Middle District of Pennsylvania
Notice of Electronic Filing
The following transaction was entered on 4/22/2008 at 8:56 AM EDT and filed on 4/21/2008
Case Name: Shutt v. Advanced Recovery Systems
Case Number: 1:08-cv-739
Filer: Advanced Recovery Systems
Document Number: 1
Docket Text:
NOTICE OF REMOVAL by Advanced Recovery Systems from Cumberland County Court
of Common Pleas, case number 08-1336. (Filing fee $ 360 receipt number 1267818), filed
by Advanced Recovery Systems. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit(s))
(aaa )
1:08-cv-739 Notice has been electronically mailed to:
JoAnn Needleman joann@mnlawpc.com
Deanna Lynn Saracco saraccolaw@aol.com
1:08-cv-739 Filer will deliver notice by other means to::
The following document(s) are associated with this transaction:
Document description: Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1027698419 [Date=4/22/2008] [FileNumber=1953757-0
4/23/2008
Page 2 of 2
][c04a7566b00f4736bla4c7b2ad5472d68fb408e0b4d7lbf7l824c50el4f46d2l5cf
762cal2ad518d5cfael8d8cc3l9dOlc8a73814393c6304335b25foe847da]]
Document description: Civil Cover Sheet
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1027698419 [Date=4/22/2008] [FileNumber=1953757-1
][876f6289e20d1376f9692c230965a770bcbl431ad35778405020c2dbd6d824d4216
26594lf4adfae5206f4alb32975290091da3fd3433a3d06efl02f35a4383a]]
Document description: Exhibit(s)
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1027698419 [Date=4/22/2008] [FileNumber=1953757-2
][98f43ac0eb56830ab5c4b7a77e8a15edf2999a814460617dd4eIe2347IafccOd6ef
20bf84a8413c4e6b3adc29a7bOfef986d055d7ab238029080b6d079ddab62]]
4/23/2008
'-?,JS 44 (Rev. 12/07). CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required bylaw, except as provided
by local rules ofcourt. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
1. (a) PLAINTIFFS
(b) County of Residence of First Listed Plaintiff CUMBERLAND
(EXCEPT IN U.S. PLAINTIFF CASES)
(C) Attorney's (Firm Name, Address, and Telephone Number)
Deanna Saracco, Esq., 76 Greenmont Drive,
Enola, Pa 17025 717-732-3750
II. BASIS OF JURISDICTION (Place an "X" in One Box Only)
01 U. S. Government X 3 Federal Question
Plaintiff (U.S. Government Not a Party)
02 U.S. Government 0 4 Diversity
Defendant (Indicate Citizenship of Parties in Item III)
TV_ NATITRE OF SUIT tPlarc a x ;n nnr R x nnlvl
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHERSTATUTES
O 110 Insurance PERSONAL INJURY PERSONAL INJURY O 610 Agriculture O 422 Appeal 28 USC 158 O 400 State Reapportionment
O 120 Marmc O 310 Airplane D 362 Personal Injury - O 620 Other Food & Drug O 423 Withdrawal O 410 Antitrust
O 130 Miller Act O 315 Airplane Product Med. Malpractice O 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking
0 140 Negotiable Instrument Liability O 365 Personal Injury - of Property 21 USC 881 O 450 Commerce
O 150 Recovery of Overpayment O 320 Assault. Libel & Product Liability O 630 Liquor Laws PROPERTY RIGHTS O 460 Deportation
& Enforcement ofJudgmcnt Slander O 368 Asbestos Personal 0 640 R.R. & Truck O 820 Copyrights 0 470 Racketeer Influenced and
O 151 Medicare Act O 330 Federal Employers' Injury Product O 650 Airline Regs. 0 830 Patent Corrupt Organizations
0 152 Recovery of Defaulted Liability Liability 0 660 Occupational 0 840 Trademark IR 480 Consumer Credit
Student Loans - 0 340 Marine PERSONAL PROPERTY Safety/Health 0 490 Cable/Sat TV
(Excl. Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 0 810 Selective Service
D 153 Recovery of Overpayment Liability 0 371 Truth in Lending LABOR OCIA CURI 0 850 Securities/Commodities/
of Veteran's Benefits 0 350 Motor Vehicle 0 380 Other Personal 0 710 Fair Labor Standards 0 861 HIA (I395ff) Exchange
0 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 862 Black Lung (923) 0 875 Customer Challenge
0 190 Other Contract Product Liability 0 385 Property Damage 0 720 Labor/Mgmt. Relations 0 863 DIWC/DIW W (405(g)) 12 USC 3410
0 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 LabodMgmt. Reporting 0 864 SSID Title XVI 0 890 Other Statutory Actions
0 196 Franchise Injury & Disclosure Act 0 865 RSI (405(g)) 0 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Economic Stabilization Act
0 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation 0 870 Taxes (U.S. Plaintiff 0 893 Environmental Matters
0 220 Foreclosure 0 442 Employment Sentence 0 791 Empl. Rer. Inc. or Defendant) 0 894 Energy Allocation Act
0 230 Rent Lease & Ejectment 0 443 Housing/ Habeas Corpus: Security Act 0 871 IRS-Third Party 0 895 Freedom of information
0 240 Torts to Land Accommodations 0 530 General 26 USC 7609 Act
0 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty IMMIGRATION 0 900Appeal of Fee Determination
0 290 All Other Real Property 0 445 Amer. w/ Disabilities - 0 540 Mandamus & Other ¦ 462 Naturalization Application Under Equal Access
Employment 0 550 Civil Rights 0 463 Habeas Corpus - to Justice
0 446 Amer. w/Disabilities - 0 555 Prison Condition Alien Detainee 0 950 Constitutionality of
Other 0 465 Other Immigration State Statutes
0 440 Other CiviI Rights Actions
V. ORIGIN (Place an "X" in One Box Only) Appeal to District
14 1 Original ® 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 7 Judge from
Proceeding State Court Appellate Court Reopened another district Litigation Magistrate
(snecifv) Jndament
VI. CAUSE OF ACTION
C' sthe l A Civ 1 SJ&p{teey Seergwhich you are filing (Do not cite jurisdictional statutes unless diversity):
et description of cause:
lalm for violations of the Fair Debt Gollections Practices AGt
VII. REQUESTED IN Q CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: O Yes O No
VIII. RELATED CASE(S)
IF ANY (See instructions): JUDGE DOCKET NUMBER
DATE 7rZF A OF
RECORD
DEFENDANTS
County of Residence of First Listed Defendant MONTGOMERY
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF THE
LANDINVOLVED.
Attorneys (If Known)
Maurice & Needleman, Esq., 935 One Penn Center, Phila, Pa
19103, 215-789-7151
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
Citizen of This State O 1 O 1 Incorporated or Principal Place O 4 O 4
of Business In This State
Citizen of Another State 0 2 O 2 Incorporated and Principal Place O 5 O 5
of Business In Another State
Citizen or Subject of a O 3 O 3 Foreign Nation O 6 O 6
c,..,..,," r-,.,,"-
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
JS 44 Rcv crsc (Rcv. 12/07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The IS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
1. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
of filing- In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
11. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive. -
V. Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section I404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA (HARRISBURG)
ANNETTE SHUTT CIVIL ACTION NO.
Plaintiff,
V.
(REMOVAL OF ACTION)
ADVANCED RECOVERY SYSTEMS
Defendant(s).
NOTICE OF REMOVAL OF
CIVIL ACTION FROM STATE COURT
TO: THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Defendant, Advanced Recovery Systems (hereinafter referred to as " ARS"), by and
through its undersigned attorney, respectfully represents as follows:- - - - - - -
1. The removing party is the Defendant in the above entitled action.
2. On or about March 18, 2008, the above entitled action was commenced, by the
filing of a Civil Action against ARS in the Cumberland County Court of Common Pleas, Case
No. 08-1336 (the "State Court Action"), and is now pending therein. .4 true and correct copy of
the Civil Complaint is attached and marked as Exhibit A.
3. The State Court Action seeks, inter alia, the following relief. monetary damages
for violation of the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. and
the Fair Debt Collections Practices Act, 15 U.S.C. § 1692 et seq. (See ExhibitA).
4. This Court has original jurisdiction over the above entitled action pursuant to 28
U.S.C. § 1331, as it involves a federal question with regards to the alleged violations of the Fair
Debt Collections Practice Act, 15 U.S.C. § 1692 et seq. Thus, this action must therefore be
removed to this Court pursuant to 28 U.S.C. §1441 (a). Furthermore, this Court will have
pendent jurisdiction over any other state claims that may be asserted by the Plaintiff.
6. This notice is timely filed with the Court within thirty (30) days after service of
the Complaint, which was March 25, 2008, upon the removing party in the above entitled action
pursuant to 28 U.S.C. §1446(b).
WHEREFORE, the removing parties pray that the above entitled civil action be removed
from Cumberland County Court of Common Pleas.
Respectfully submitted,
MAURICE & NEEDLEMAN, P.C.
/s/Joann Needleman, Esquire
-- - JOANN NEEDI EMAN, ESQUIRE
Attorney for Defendant, Advanced Recovery
Systems
935 One Penn Center
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103
(215) 789-7-151
(215) 563-8970 fax
ioann cr mnlawpc.com
Date: April 21, 2008
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA (HARRISBURG)
ANNETTE SHUTT CIVIL ACTION NO.
Plaintiff,
V.
(REMOVAL OF ACTION)
ADVANCED RECOVERY SYSTEMS
Defendant(s).
CERTIFICATION OF SERVICE
I, JOANN NEEDLEMAN, ESQUIRE, hereby certify that on April 21, 2008, a true and
correct copy of the attached Notice of Removal of Civil Action from State Court was served
upon the persons and in the manner set forth below:
FIRST CLASS MAIL, POSTAGE PREPAID, AS WELL AS ELECTRONICALLY IF
APPLICABLE, to:
DEANNA LYNN SARACCO, ESQ.
76 GREENMONT DRIVE
ENOLA, PA 17025
Respectfully submitted,
MAURICE & NEEDLEMAN, P.C.
/s/Joann Needleman, Esquire
JOANN NEEDLEMAN, ESQUIRE
Attorney for Defendant, Advanced Recovery
Systems
935 One Penn Center
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103
(215) 789-7151
(215) 563-8970 fax
ioann(a),mnlawpc.com
Date: April 21, 2008
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA (HARRISBURG)
ANNETTE SHUTT CIVIL ACTION NO.
Plaintiff,
V.
ADVANCED RECOVERY SYSTEMS
Defendant(s).
(REMOVAL OF ACTION)
NOTICE OF FILING NOTICE OF REMOVAL
TO: ANNETTESHUTT
c/o Deanna Lynn Saracco, Esq.
76 Greenmont Drive
Enola, PA 17025
_ TO THE PARTIES:
PLEASE TAKE NOTICE, that on April 21, 2008, Advanced Recovery Systems,
("ARS") in the above entitled action, filed a Notice of Removal, copies of which are attached
hereto, of the above entitled action in the United States District Court for the of Pennsylvania.
You are also advised that ARS, on filing such Notice of Removal in the Office of the
Clerk of the United States District Court for the Middle District of Pennsylvania also filed and
served a copy thereof by regular mail with the Prothonotary of Cumberland County Court of
Common Pleas, to effect the removal pursuant to 28 U.S.C. 1446. By virtue of 28 U.S.C.
1446(d), Cumberland County Court of Common Pleas shall have no further jurisdiction over this
action and you should proceed no further in that Court or under its authority.
Respectfully submitted,
MAURICE & NEEDLEMAN, P.C.
JOA MEDLEMAN, ESQUIRE
Attey for Defendant, Advanced Recovery
Systems
935 One Penn Center
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103
(215) 789-7151
(215) 563-8970 fax
joann@mnlawpc.com
Date: April 21, 2008
Apr, 9. 200811:42AM TRAVELERS 651-310-7911
No. 4203 P. 11
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA , off' - /3 -76 C"?:f ;- -
Annette Shutt I Advanced Recovery Systems
Mechanicsburg. PA I 901 East Eighth Ave, Suite 206
I King of Prussia, PA 19406
Plaintifftsl & Addresses 1 Defendattt]st & Ad es
PRA CIPl~ FOE MW OF SU"MLQNL
TO THE PROTHONOTARY OF SAID COURT:
Please isstte writ of slunmons in the abovc-captioned action. Vvrit of Summons shall be issued
and forwarded to (X ) Attomq () Sheriff.
Deanna Lynn Saracco, Esquire
76 Oreenmont Drive
Enola. Pennsylvania 17025
Phone 717-732-3750
SaTaccoLzw-.@zkol.com
Signature of Anomev
Dated: 2/27/0$
r
n,
:a
WRIT OF S[iMMONS
TO THE A BOW. NAMED DEI=ENDANT(Sy
Deputy
EXHIBIT
YOU ARE NOTIFIED THAT THE ABOVE-(NAMED PLA TIFF(S) HAS AVE
?
7 AN ACT] ON' AGA II?S'f YOU.
Ptath otary
CCItg Dated: MF;NCE.,., xv ? 0VI BSS:
Apr. 9. 2008 11.40AM TRAVELERS 651-310-7911
No. 4243 P. 2
1 •? 1
J ?
1N THE COURT OF COMMON FLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
Annette Shutt:
Plaintiff
V.
-Advanced Recovery Systems,
Defendant_
Cz
Lam' ,
cr-
?? L
N
C=P
M
r
cx
ti
n
Civil Action No.: 08-1336
Jury Trial Demanded
NO'ZCE TOP
TO THE DEP'FPANT NAMD HEREIN :
Curpb,erlapd County Bar Assoeiation
32 S. Bedford Street, Carlisle, PA
IMO-9"-9108,717-249-3166
Le ran deMandado a usted en is Corte. S_• usteci quire defe-nderse de
estas demander expuetas en !as paginas sign enter, gusted tiene vients (20;
dias eje plazo al partir de is feche de !a excriLa o en nersc-na o por abogado y
axchivar en la carte en fvrmb excrita sue defersas o sus objectiones a las
damande, 1a carte tontara medidas y pucdb entrar -.;na orders contra usted sin
previo avi9o o notificacion y por cualquier que.ja c. al vio clue es pedido err is
petition de demarda. Usted puede perder dincre o svs propiedadee o vtros
derachos importantes Para astoo.
LLEVE ESTA DEMANDA A QN. I:EGGADG IMME01i;:A7rr4FP4TF. SI NO TIENE AROGA000 Si
NO TIENE EL 0:1 WER0 SUFTMENTF. QE ?AGAR 'C'AI. SERvICIC'n', GAYP. EN PERSONJr O LLAMt
POR TELEFOR0 A LA OFICINA C[?YA DIRF.CCION SE PUEGECONSEGU A hS?STE"CIA LEGAL.
You have been sued in court. If yov wish to defend against
the claims set forth in the following pages, you must take action
within twenty (201 &Xg after this Corr,olaint 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. Ycu may lose money or
property or other rights important to you.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT WE. IF
YOU DO NOT HAVE A LAWrER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICR SET FORTE BELOW TO ]FIND OUT WHFRB
YOU CAN GET LEG" HELP.
Apr. 9. 2008 11:40AM TRAVELERS 651-310-7911
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
Annette Shutt- Civil Action No.: 08-1336
Plaintiff
V. Jury Trial Demanded
Advanced Recovery Systems:
Defendant.
I
2.
3.
4
S
6.
7.
8-
No. 4103 P. 3
COMPLAINT
SENERAL ALUGATIONS
Jurisdiction for this Action is asserted tinder the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. §2270 et seq.
Plaintiff is a consumer located within the Commonwealth of Pennsylvania- 04
Defendant is a business entity engaged in the business of collecting consumer debts in f?
this Commonwealth with a mailing address of 901 East Eighth Ave.; Suite 206. King of
Prussia- PA 19406,
Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P_S. §2270.4(a).
On or about January 2008_ Defendant contacted Plaintiff by telephone at her place of-
y?!" s
ernplpymern as well as at her home.
During the course of the contacts, Defendant admitted to contacting Plaintiffs insurance
company and obtain personal information about Plaintiff.
According to Plaintiffs insurance company. agents of the Defendant misrepresented the
debt collectors identity and gave personal information about the Plaintiff to the
Defendant.
Plaintiff s insurance company has all calls recorded.
Apr. 9. 200811:41AM TRAVELERS 651-310-7911 No-4203 P. 4
9. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and
is therefore_ unlawfully attempting to collect the alleged debt. 10. Plaintiff believes and tberefore avers that Defendant added interest to the alleged debt, in
violation of Pennsylvania law. Caip
11. Plaintiffbclkves and therefore avers that Defendant used false, deceptive and misleading
tactics in order to harass and coerce Plaintiff into paying an alleged debt that she did not
oue.
12. At all times pertinent hereto. Plaintiff was waiting can insurance information in order to
pay the original creditor. however, the debt collector continued to use false means to
obtain private information about the Plaintiff.
COUNT I - RENNEILLVANIA FAIR CREDIT
1 NSIQN UN,:jEQ tMM ACT 73 P S.Izz7t} et se-
13. Plaintiff hereby incorporates the foregoing as if fully set forth herein.
14. The FDCPA states that a violation of state law is a violation of the FDCPA. IS U.S.C. l`'}
§ 1692n. Pennsylvania law applies to this Action. 18 Pa-C.S. §7311:
1 Plaintiff believes and therefore avers that Defendant violated 18 Pa. C.S. §7;11.
16. Plaintiff further believes that Defendant violated provisions of the Fair Debt Collection"
Practices Act, as alleged in the General Allegations and Count li; as such.. said violated
also violate the Pennsvlvania FCEU, 73 P_S. §2270.4(x).
r;
17_ That Defendant engaged in unfair methods of competition and unfair or deceptive acts or
practices; as defined by FCEU and the mgulations, including but not limited to, violations
of 37 Pa.Code §§303.3(3). 3033(14); 303.3(18), 303.6 and 73 P.S. §201-2(4).
18. Defendant' acts as described herein were done with malicious, intentional, willful,
Apr. 9. 200811:41AM TRAVELERS 651-310-7911 No. 4203 P. 5
reckless. negligent and wanton disregard for Plaintiffs rights with the purpose of
coercing Plaintiff to pay the alleged debt. Y
19. As a result of the above violations; Plaintiff is entitled to statutory, actual; treble and
punitive damages and attorney's fees and costs; in an amount of not less that $30;000.00.
WHER.EFOM, plaintiff requests that this Honorable Couxt issw judgment on his behalf
and apainst Defendant for a statutory penalty, treble damages. punitive damages, attorney fees
and costs pursuant to 73 P.S. §2270.5.
COUNT 11- FAIR DEBT COLLECTION PRACTICE ACV'
15 U.$-C. §1692 ET SEQ.
20. 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. § l 692k(d) and 28 U.S.C.
§1337.
_ _ 2-t. Venue lies in this District war cant to. 28 U.S.C. 1391(b).
?2. Plaintiff is an individual and consumer pursuant to 15 U-S.C. § 1692a(6).
23. Defendant are debt collectors as defined by 15 U.S.C. 11692a(3).
24. Defendant contacted Plaintiffdtrcing January 2008. which are "communications'telating
to a "debt'' as defined by 15 u.S.C. i i 692a(2) and 1692x(5).
25. At all pertinent tithes hereto, the Defendant were hired to collect a debt relating to a
consumer transaction- (Hereinatler the `alleged debt')
26, 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 tegard to plaintiff s alleged debt.
27. FDCPA requires debt collectors to comply with all state laws. 15 U.S.C. §1692n. - - -
Defendant;violated Pennsylvania law states. 19 Pa.C.S. §7311, as stated herein.
Apr. 9, 2008 11:41AM TRAVELERS 651-310-7911 No. 4203 P. 6
2$. The FDCPA states, a debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. 15 U.S.C_ §1692f. Defendant violated this section
of the FDCPA.
29. The Defendants violated 15 US-C. § 1692c(b) by contacting a third party. without the
Plaintiffs prior consent. /;,x
W. The Defendants violated 15 U.S.C_ § 1692e(2)(A)_ (5) and (10) by misrepresenting the
imminence of legal action by Defendants.
31. At all times pertinent hereto, the Defendants made all contacts to the Plaintiff by
tclephonie.
32. The Defendants violmod 15 U.S.C. §1692c(11) by failing to provide the consumer with
the proper warning; "fts is an attempt to collect a debt, any information obtained will be
used forthat purpose,.' daring the initial telephone communications and in subsequent
communications.
33. Defendants violated IS U-S.C. § i 692g7 by failing to provide the consarner with the f . a v
proper validation notice writhin five days of the initial communication,
34.- Defendants violated 15 U.S.C. §1692g by demanding payment without providing the
proper consumer warnings. thus, defendants overshadowed the FDCPA.
.t
35. Defendants violated 15 U.S.C_ §1692f. by attempting to collect a time barred debt.
36. Defendants violated 15 U.S.C. §1692f, by threatening and/or filing suit without proper
legal authority in Pennsylvania. `•'
37. Defcndants violated IS U.S.C. §1693d(2) by using abusive language towards the
consumer. 'j
38. Defendants violated 15 U.S.C. § 16924(5) by causing the phone to ring and engaging the
Apr. 9. 2008 11;41AM TRAVELERS 651-310-7911
consumer in repeated conversations.
No. 4203 P. 7
39. The FDCPA states, a debt collector may not use false. deceptive or misleading
_' .
representation or means in connection with the collection of any debt. 15 U.S.C.
§ 1692e(5) and (10). Defendant violated these sections of the FDCPA.
40. The FDCPA states, a debt collector may not use unfair or tmcor scionable means to ?,•,,?
collect or attempt to collect any debt. 15 U.S.C. §1692(. Defendant violated this section
of the FDCPA.
41. The FDCPA states. a debt collector may not use false. deceptive or misleading
representation or means in connection with the collection of any debt. 15 U.S.C. 1692e.
Defendant violated this section of the FDCPA.
41 The FDCPA states, 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. 15 U.S.C_ §1692d. Defendant violated this section of the FDCPA.
43. 11ne FJXPA states, a debt collector may not communicate. in connection with the
collection of any debt, with any person other than the consumer. 15 U_S.C. § t 692c(b).
Defendant violated this section of the FDCPA.
44. The Defendant violated 15 U.S.C. § 1692e(2XA), (5) and (10) by misrepresenting the
imminence of legal action by Defendant.
45. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff
had requested the Defendant cease communication with the Plaintiff. 416.-,
46. The Defendant violated 15 U.S.C. §16928, by failing to give the required notices to the
Plaintiff in the initial communication.
47. At all times pertinent hereto, the initial communication was made by telephone.
Apr, 9. 2008 11:41AM TRAVELERS 651-310-7911 No-4203 P. 8
48. At all times pertinent hereto, the Plaintiff xvas tunable to dispute the alleged debt.
49. The FDCPA provides certain rights to the consumer regarding his/her right to dispute the
alleged debt- 3 5 U.S.C. §16928. Defendant violated this section of the FDCPA.
50. The F XFA state& a debt collector may not commtmicatc with a consumer at the
consumer's lace of employment if the debt collector knows or has reason to know that
the consumer's emplover prohibits the consumer from receiving such communications.
15 U.S.C. § l 692c(a)(3). Defendant violated this section of the Fl?CPA.
51. The FDCPA states, it is unlauful to add interest, charges, fees or other costs unless
authorized by law or contract, Plaintiff does not have a contract with Defendant.
15 U.S.C. 41692f and x 1692e(2)(A) and (B). Defendant violated this section of the
FDCPA_
5?. Defendant's collection-communications were i iUmionally confusing, misleading and
otherwise deceptive to the Plaintiff& in violation of 15 U.S.C. §1692e(5) and (10).
Defendant's communications created a false sense: of urgency on the past of Plaintiff in
violation of the FDCPA.
53. 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 coarse of their employment, and
under the direct supervision and control of the Defendant herein.
54. At all times pertinent hereto. the conduct of Defendant as well as their agents; servants, ;
'r
andfor employees, was malicious, intentional, willful, reckless, neLIige:nt and in wanton'
disregard for federal and state law and the rights of the Plaintiff herein.
S5. Plaintiff believes and therefore avers that the Defendant's agents made false threats of
litigatiort_
Apr. 9. 2008 11:42AM TRAVELERS 651-310-7911 No.4203 P. 9
56. Defendant's threat of litigation was false because Defendant does not routinely file sent
against consumer debtors, in violation of 15 U.S.C. §1692e(5) and (10).
57. pefendarn`s letters were intentionally confusing and deceptive, in violation of 15 U.S.C-
§1692e(5) and (10).
58. Plaintiff was confused; deceived and believed chat litigation vats imminent if settlement
was not made. _
59. The above mentioned acts with supporting cases demonstrates that the conduct of
Defendant rises to the level needed for punitive damages.
60. Defendant, in its collection efforts- violated the FDCPA, inter alia, Sections 1692. b, e. d.
e; f, g, h; and/or n.
61. Defendant, in its collection efforts- used false or deceptive acts and intended to oppress
and harass. plaintiff.
62. ?hat 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.
WIJEREFORE, Plaintiffrespectfully requests that his Honorable Court enter jud&Ment
on Plaintiff's behalf and against Defendant and issue an Order:
(A.) Award Plaintiff statutory damages in the amourn of One Thousand Dollars
($1,000.00) for each violation of the FDCPA or eaeb separate and discrete
incident in which Defendant have violated the FDCPA.
(B) Award Plaintiff general damages and punitive 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 Defendant form letters.
O) Award,PlWntiffAwsts of this litigation, including a reasonable attorney's fee at a
rate of 5450.00 per hour, for hours reasonably expended by Plaintiff's attorney in
Apr. 9. 2008 11:42AM TRAVELERS 651-310-7911 No. 4203 P. 10
vindicating Plaintiff-'s rights under the 1=DCPA, permitted by 15 U.S.C.
§ l 692k(a)(3).
(D) Award declaratory and injunctive relief. and sach other relief as this Honorable
Cow deems necessary and proper or law or equity may provide.
Dated:3/17/08 B : Os a L c
Deanna Lynn Sarxmo, Attorney for Plaintiff
76 Greenrnont Drivc, Enola, PA 17025
Telephone 717-732-3750
Fax 717-7213-94518
Ernail: S-,lraccoLaw@ao).com
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Annette Shutt
V.
Plaintiff(s),
Civil Action No.
Advanced Recovery Systems )
Defendant(s)/ )
Third-Party Plaintiff(s), )
V. )
Third-Party Defendant(s). )
DISCLOSURE STATEMENT PURSUANT TO Fed. R. Civ. P. 7.1
(Civil Action)
Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, Defendant
who is Advanced Recovery Systems
(name of party)
Page 1 of 2
(type of party)
makes the following disclosure:
1. Is the party a non-governmental corporate party?
Vr YES ? NO
2. If the answer to Number I is "yes," list below any parent corporation or state that there
is no such corporation:
There is no such corporation.
3. If the answer to Number 1 is "yes," list below any publicly-held corporation that owns
10% or more of the party's stock or state that there is no such corporation:
There is no such corporation.
The undersigned party understands that under Rule 7.1 of the Federal Rules of Civil
-- - - Procedur-e, it must promptly file a supplemental statement-upon any change- in the information that
this statement requires.
Sigl) pure of Counsel for Parry
Date:
Page 2 of 2