Loading...
HomeMy WebLinkAbout08-1340IN THE COURT OF COMMON PLEAS )to OP, /3c/6 CUMBERLAND COUNTY, PENNSYLVANIA Marc Stahlman Fred G. Daniels, an individual State Street Daniels & Norelli, PC Enola, PA 17025 900 Merchants Conc. Suite 400 Westbury, NY 11590 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@aol.com and John P. Neblett Signature of Attorney Dated: 2/26/08 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HA HAVE COMMENCED AN ACTION AGAINST YOU. Prot onotary Dated:, 2 P d ov By: Deputy f' O -ij iN THE COURT OF COMMON PLEAS Marc Stahlman, Plaintiff, V. Fred G. Daniels, attorney debt collector Daniels & Norelli, P.C., Defendants. Civil Action No.: 08-1340 Jury Trial Demanded 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 c 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Marc Stahlman, Plaintiff, V. Civil Action No.: 08-1340 Fred G. Daniels, attorney debt collector Daniels & Norelli, P.C., Defendants. 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. Defendants Fred G. Daniels and Daniels & Norelli, P.C., are business entity/law firm, engaged in the business of collecting consumer debts in this Commonwealth with a mailing address of 900 Merchants Conc., Suite 400, Westbury, NY 11590. 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 May 2007, Defendant contacted Plaintiff by letter and telephone. 6. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 7. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 8. Plaintiff believes and therefore avers that Defendant used false, deceptive and misleading tactics in order to harass and coerce Plaintiff into paying the alleged debt that contains interests, fees and costs that Plaintiff disputes. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. §2270 et seq. 9. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 10. 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: 11. Plaintiff believes and therefore avers that Defendants violated 18 Pa. C.S. §7311. 12. Plaintiff further believes that Defendants violated provisions of the Fair Debt Collection Practices Act, as alleged in the General Allegations and Count II, as such, said violated also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 13. That Defendants 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). 14. Defendants' 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. 15. 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. 16. 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. 17. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 18. Plaintiff is an individual and consumer pursuant to 15 U.S.C. § 1692a(6). 19. Defendants are debt collectors as defined by 15 U.S.C. § 1692a(3). 20. Defendants contacted Plaintiff during May 2007, which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a(5). 21. At all pertinent times hereto, the Defendants were hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 22. Defendants 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. 23. FDCPA requires debt collectors to comply with all state laws. 15 U.S.C. § 1692n. Defendants violated Pennsylvania law states, 18 Pa.C.S. §7311, as stated herein. 24. 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£ Defendants violated this section of the FDCPA. 25. The Defendants violated 15 U.S.C. §1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 26. The Defendants violated 15 U.S.C. §1692e(3), by misrepresenting that an attorney was involved in the collection of the alleged debt. 27. Defendants violated 15 U.S.C. § 1692f, by threatening and/or filing suit without proper legal authority in Pennsylvania. 28. 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). Defendants violated these sections of the FDCPA. 29. 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. Defendants violated this section of the FDCPA. 30. 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. Defendants violated this section of the FDCPA. 31. 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. Defendants violated this section of the FDCPA. 32. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the legal status/amount of the alleged debt. 33. Defendants' collection communications were intentionally confusing, misleading and otherwise deceptive to the Plaintiffs, in violation of 15 U.S.C. §1692e(5) and (10). Defendants' communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. 34. At all time pertinent hereto, the Defendants were 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. 35. At all times pertinent hereto, the conduct of Defendants 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. 36. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. §1692e(5) and (10). 37. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 38. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 39. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 40. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 41. 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. cC) 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: /s/De a 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 John P. Neblett, Attorney 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 N ?"? <_? ? .. «a .?' _ n-?,?. ? ? ? C?9 -f r. -;-'; -? -? G? __.. ; J ? __ ,. --a Jonathan J Greystone, Esquire Identification No. 50223 SPECTO GADON & ROSEN, P.C. Seven Pe Center 1635 Mar et Street, 7"' Floor Attorneys for Defendants Philadelphia, PA 19103 Fred G. Daniels and (215) 241-8927 Daniels & Norelli, P.C. MARC S LMAN COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. No. 08-1340 FRED G. ANIELS, attorney debt collector DANIELS & NORELLI, P.C. Defendant. NOTICE OF FILING OF REMOVAL TAKE NOTICE that a Notice of Removal, a copy of which is attached hereto as Exhibit "A", has been filed by Defendants, Fred G. Daniels and Daniels & Norelli, P.Q., with the Office of the Clerk of the United States District Court for the Middle of Pennsylvania. SPECTOR GADON & ROSEN, P.C. Dated: 08 448908-1 Attorney for Defendants, Fred G. Daniels and Daniels & Norelli, P.C. M j d r oe ®d3ldAd3b 531H3S 00009 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARC STAHLMAN Plaintiff, V. FRED G. ANIELS and DANIELS & NORELLI, P.C. Defendants. CIVIL ACTION NO. DEFENDANTS, FRED G. DANIELS AND DANIELS & NORELLI, P.C. NOTICE OF REMOVAL Fred G. Daniels and Daniels & Norelli, P.C. (hereinafter also referred to collectively as "Defendants'), by and through their attorneys, Spector Gadon & Rosen, P.C., hereb removes this civil action bearing No. 08-1340 from the Court of Common Pleas, Co ty of Cumberland to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. § 1441 and 1331. 1. I Plaintiff commenced his action in the Court of Common Pleas, County of by filing a Civil Action Complaint ("Complaint") on or about March 18, 2008 and served the Complaint upon Defendants Fred G. Daniels and Daniels & Norelli, P.C. thereafter. A copy of the Complaint is attached hereto as Exhibit "A" without admission or adoption. No further proceedings have been had in this action. 2. I Plaintiff seeks damages pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. allegedly sustained by Plaintiff, Marc Stahlman, as a result of Defendants alleged collection of an alleged debt relating to an alleged consumer transaction involving Plaintiff. (See Paragraph 4 of Plaintiffs Complaint attached hereto 448923-1 as Exhibit 'X'). 3. Plaintiff is an individual allegedly residing in the Commonwealth of Pennsylvania (See Paragraph 2 of Plaintiff's Complaint attached hereto as Exhibit "A") 4. Defendants, Fred G. Daniels and Daniels & Norelli, P.C. are a business entity/law irm with a place of business located at 900 Merchants Conc., Suite 400, Westbury, 11590. (See Paragraph 3 of Plaintiffs Complaint attached hereto as Exhibit "A'). 5. This Honorable Court has original jurisdiction based upon the existence of a Federal Question pursuant to 28 U.S.C. § 1331. Plaintiff brings the foregoing action based, in part, pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692, et seq.). (See Paragraph 4 of Plaintiffs Complaint attached hereto as Exhibit "X'). 7. Pursuant to 28 U.S.C. § 1446(a) this Notice of Removal is filed in the United States District Court for the Middle District of Pennsylvania, which is the District in which the State Court Action is pending. 8. This Notice of Removal is timely pursuant to 28 U.S.C. § 1446(b) as it was filed withi thirty (30) days after Plaintiff field his Complaint on or about March 18, 2008 and served Defendants thereafter. 9. I Defendants will file this date a copy of the Notice of Removal with the of the Court of Common Pleas, County of Cumberland, as required by 28 U.S.C. § 1446(c). 10. Defendants will this date give written notice of the filing of this Notice of Removal to Plaintiff as required by 28 U.S.C. § 1446(c). 448923-1 RE, Defendants, Fred G. Daniels and Daniels & Norelli, P.C. pray that the action now pending in the Court of Common Pleas, County of be removed therefrom to this Court. SPECTOR GADON & ROSEN, P.C. B J atha J. Greystone, squire Identification No. 50223 SPECTOR GADON & ROSEN, P.C. Seven Penn Center 1635 Market Street, 7' Floor Philadelphia, PA 19103 (215) 241-8927 Attorney for Defendants, Fred G. Daniels and Daniels & Norelli, P.C. Dated: ,Eoff_`''l- 448923-1 CERTIFICATE OF SERVICE I hereby certify that on this date I served the foregoing Notice of Removal on all parties by causing true and correct copies thereof to be sent via Overnight Mail, W , April 9, 2008 delivery, addressed to the following: Deanna Lynn Sarocco, Esquire 76 Greenmont Drive Enola, PA 17025 SPECTOR GADON & ROSEN, P.C. Dated: '4 B Jon an J. Greystone, Esq ire 448923-1 EXHIBIT 44 A7 I Marc S ma JPI inti V. IN THE COURT OF COMMON PLEAS Fred G. Diels, attorney debt collector Daniels & orelli, P.C., Civil Action No.: 08-1340 Jury Trial Demanded NOTICE TO PLEAD C a q c, r;; i co -?7 J C7 -- t -_ ; M c5 { =c You have been sued in court. If you wish to defend against the cla ms set forth in the following pages, you must take action within went 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 mon y claimed in the Complaint, or for any other claim or relief equested by the Plaintiff. You may lose money or propert or other rights important to you. YOU SH ULD 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. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 1-800-990-9108,717-249-3166 NOTICIA Le an demandado a usted en la corte. Si usted quire defenderse de estas dem ndas expuetas en las paginas siquientes, usted tiene viente (20) dias de p Lazo al partir de la fecha de la excrita o en persona o por abogado y archivar n la corte en forma excrita sus defensas o sus objectiones a las demande, a corte tomara medidas y puede entrar una orden contra usted sin previo av so o notificacion y por cualquier queja o alivio que es pedido en la peticion e demanda. Usted puede perder dinero o sus propiedades o otros derechos mportantes para usted. LLE E ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE L DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEF NO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Marc Stah man, Civil Action No.: 08-1340 Pla ntiff, v. Jury Trial Demanded Fred G. Daniels, attorney debt collector Daniels & orelli, P.C., COMPLAINT GENERAL ALLEGATIONS Jurisdiction or this Action is asserted under the`Pi? ns tvA iaftir Credo Extension` Uni. ormity Act, 73 P.S. §2270 et seq. 2. Plaintiff is a consumer located within the Commonwealth of Pennsylvania. 3. Defendants Fred G. Daniels and Daniels & Norelli, P.C., are business entity/law firm, engaged in the business of collecting consumer debts in this Commonwealth with a mar ing address of 900 Merchants Conc., Suite 400, Westbury, NY 11590. 4. Violating provisions of the Fair Debt Collection Practices Act also violate the Pe sylvania;f-CEU, 73 P.S. §2270,4:(a). 5. On or about May 2007, Defendant contacted Plaintiff by letter and telephone. 6. Plai tiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 7. Plait-tiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 8. Plai tiff believes and therefore avers that Defendant used false, deceptive and misleading tacti s in order to harass and coerce Plaintiff into paying the alleged debt that contains inter sts, fees and costs that Plaintiff disputes. 9. Pla 10. Thy §1 11. Pla 12. Pla COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. §2270 et seq_ stiff hereby incorporates the foregoing as if fully set forth herein. FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. 92n. Pennsylvania law applies to this Action. stiff believes and therefore avers that Defendants violated 18 Pa. C.S. §7311. ktiff further believes that Defendants violated provisions of the Fair Debt Collection Act, as alleged in the General Allegations and Count II, as such, said violated also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 13. That Defendants 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 gf,37'PaCode.§§303.3(3), 303.3(1.4), 303.3(18),.303.6 and.73 P.S. §20.1-2(4). 14. Defendants' acts as described herein were done with malicious, intentional, willful, negligent and wanton disregard for Plaintiff s rights with the purpose of Plaintiff to pay the alleged debt. 15. As 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. Plaintiff requests that this Honorable Court issue judgment on his behalf and gainst 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. 16. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 17. 18. 19. 20. 21 22. 23. 24 15 S.C. §1692, et seq. ("FDCPA"), particularly 15 U.S.C. § 1692k(d) and 28 U.S.C. §13 7. Ve ue 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). Defendants are debt collectors as defined by 15 U.S.C. § 1692a(3). Defendants contacted Plaintiff during May 2007, which are "communications" relating to a "d bt" as defined by 15 U.S.C. 11692a(2) and 1692a(5). At all pertinent times hereto, the Defendants were hired to collect a debt relating to a i consumer transaction. (Hereinafter the "alleged debt.") Defendants communicated with plaintiff on or after one year before the date of this acti n, in connection with collection efforts, by letters, telephone contact or other documents, with regard to plaintiff's alleged debt. FD PA requires debt collectors to comply with all state laws. 15 U.S.C. § 1692n. Defendants violated Pennsylvania law states,18 Pa.C.S. §7311, as stated herein. The DCPA states, a debt collector may not use unfair or unconscionable means to coll t or attempt to collect any debt. 15 U.S.C. § 1692f. Defendants violated this section of the FDCPA. 25. The 26. The 27. legal Defendants violated 15 U.S.C. §1692e(2)(A), (5) and (10) by misrepresenting the inence of legal action by Defendants. Defendants violated 15 U.S.C. § 1692e(3), by misrepresenting that an attorney was ved in the collection of the alleged debt. ndants violated 15 U.S.C. §1692f, by threatening and/or filing suit without proper authority in Pennsylvania. 29 The FDCPA states, a debt collector may not use false, deceptive or misleading I representation or means in connection with the collection of any debt. 15 U.S.C. § 16 2e(5) and (10). Defendants violated these sections of the FDCPA. The FDCPA states, a debt collector may not use unfair or unconscionable means to or attempt to collect any debt. 15 U.S.C. §.1692f. Defendants violated this section of the FDCPA. 30. The FDCPA states, a debt collector may not use false, deceptive or misleading repr sentation or means in connection with the collection of any debt. 15 U.S.C. § 1692e. violated this section of the FDCPA. 31. The FDCPA states, a debt collector may not engage in any conduct the natural. co equence of which is to harass, oppress or abuse any person in connection with the collection of a debt. 15 U.S.C. § 1692d. Defendants violated this section of the FDCPA. 32. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the lega? status/amount of the alleged debt. 33. Defendants' collection communications were intentionally confusing, misleading and otherwise deceptive to the Plaintiffs, in violation of 15 U.S.C. §1692e(5) and (10). Defendants' communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. 34. At 01 time pertinent hereto, the Defendants were acting by and through its agents, and/or employees, who were acting within the scope and course of their lent, and under the direct supervision and control of the Defendant herein. 35. At a# times pertinent hereto, the conduct of Defendants as well as their agents, servants, employees, was malicious, intentional, willful, reckless, negligent and in wanton disr?gard for federal and state law and the rights of the Plaintiff herein. 36. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U.S.C. § 1692e(5) and (10). 37. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was I not made. 38. Thelabove mentioned acts with supporting cases demonstrates that the conduct of rises to the level needed for punitive damages. 39. Def?ndant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, Ig, h, and/or n. 40. Def?ndant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 41. That, as a result of the wrongful tactics of Defendant as aforementioned, plaintiff has subjected to anxiety, harassment, intimidation and annoyance for which ion is sought. on Plaintiff' (A) (B) ©) EREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment behalf and against Defendant and issue an Order: 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. 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. 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: /s/l?eanna nn acco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com John P. Neblett, Attorney 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 z-? r -rs rn ??