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HomeMy WebLinkAbout08-2338Kimbertee Kreiser, Plaintiff, V. CSG, and Apothaker & Assoc. P.C., and David Apothaker, an debt collection attorney, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No (?'?--?-33e c)a!' ! 4c?.?. 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 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 han demandado a usted en la Corte. Si usted quire defenderse de estas demandas expuetas en las paginas sia_uientes, usted t.iene viente (20) dias de plazo al partir de la fecha de la excrita o en persona o por aj2ogado y archivar en la Corte en forma excrita sus defensas o sus otjectiones a las demande, 1a 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 ABCGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO 'TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VA`r7A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kimberlee Kreiser, Plaintiff, V. CSG, and Apothaker & Assoc P.C., and David Apothaker, an debt collection attorney, Civil Action No.: Defendants. COMPLAINT GENERAL ALLEGATIONS () <8- -a338'(-Tw ,I -t cce- 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 CSG is a business entity engaged in the business of collecting consumer debts in this Commonwealth with a mailing address of P. O. Box 29638, Philadelphia, PA, 19144. 4. Defendant David Apothaker and Apothaker & Assoc., P.C., are attorney debt collectors/business entities engaged in the business of collecting consumer debts in this Commonwealth with a mailing address of 1341 N. Delaware Ave, 9405, Philadelphia, PA, 19125-4300. 5. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). 6. On or about March 2007, through March 2008, Defendant contacted Plaintiff and her husband by telephone, both at home and at work. 7. During the course of these telephone conversations, Plaintiff and her husband informed the callers that Plaintiff did not owe the debt. 8. Plaintiff and her husband filed a police report for possible identity theft however, it was learned that the Defendants simply had the wrong person. 9. This issue has been ongoing since 2005. 10. Plaintiff and her husband have detailed documents regarding their attempt to stop the harassment and have the incorrect debt removed from the credit report. 11. To date, the Defendants refused to cease collection activity. 12. Plaintiff and her husband were harassed at home, on their cell phones and at work, for a debt that the Plaintiff does not owe. 13. Defendants made numerous threats of litigation, despite Plaintiff repeatedly disputing the alleged debt. 14. Plaintiff believes and therefore avers that the initial communication was by telephone. 15. At no time during the telephone contacts did the Defendants inform Plaintiff of her rights under the FDCPA. 16. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 17. Plaintiff believes and therefore avers that Defendant violated federal and state laws as well as the Rules of Professional Conduct. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 73 P.S. §2270 et seq. 18. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 19. 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 et seq. 20. Plaintiff believes and therefore avers that Defendants violated 18 Pa.C.S. §7311(a) and (b), by not having a valid contract and written assignment for the alleged debt. 21. Plaintiff further believes that Defendants violated provisions of the Fair Debt Collection Practices Act, as alleged in the General Allegations and the other Counts of this Complaint, as such, Defendants violated the Pennsylvania FCEU, 73 P.S. §2270.4(a). 22. 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). 23. 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. 24. 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 530,000.00. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on his behalf and against Defendants for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. §2270.5. COUNT II - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 25. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 26. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P. S. §201-1 et seq. 27. That defendants engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 28. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintiff's behalf and against defendants for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. §201-902. COUNT III - FAIR DEBT COLLECTION PRACTICE ACT 15 U.S.C. §1692 ET SEQ. 29. 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. 30. Venue lies in this District pursuant to 28 U.S.C. 1391(b). 31. Plaintiff is an individual and consumer pursuant to 15 U.S.C. § 1692a(6). 32. Defendants are debt collectors as defined by 15 U.S.C. 11692a(3). 33. Defendants contacted Plaintiff from March 2007 through March of 2008, which are "communications" relating to a "debt" as defined by 15 U.S.C. 11692a(2) and 1692a(5). 34. At all pertinent times hereto, the Defendants were hired to collect a debt relating to a consumer transaction. (Hereinafter the "alleged debt.") 35. 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. 36. 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(a) and (b) for failing to properly review the contract creating the alleged debt and for failure to have a valid assignment of the alleged debt. 37. 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. 38. The Defendants violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 39. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendants. 40. At all times pertinent hereto, the Defendants made all contacts to the Plaintiff by telephone. 41. The Defendants violated 15 U.S.C. § 1692e(I 1) 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. 42. 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. 43. Defendants violated 15 U.S.C. § 1692g by demanding payment without providing the proper consumer warnings, thus, defendants overshadowed the FDCPA. 44. Defendants violated 15 U.S.C. §1692e(7) by implying, during the course of the conversation, that the consumer was in "trouble with the law," and/or "committed fraud." 45. Defendants violated 15 U.S.C. §1692f, by attempting to collect a time barred debt. 46. Defendants violated 15 U.S.C. § 1692f, by threatening and/or filing suit without proper legal authority in Pennsylvania. 47. Defendants violated 15 U.S.C. § 1692d(2) by using profane and abusive language towards the Plaintiff and her husband. 48. Defendants violated 15 U.S.C. § 1692d(5) by causing the phone to ring and engaging the consumer in repeated conversations. 49. Defendants violated 15 U.S.C. § 1692b(2) by communicating with third parties regarding the alleged debt, without the consent of the consumer. 50. Defendants violated 15 U.S.C. § 1692b(3) by communicating with persons other than the Plaintiff more than one time, without consent and without the consent of the Plaintiff. 51. 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. 52. Defendant attorney. David Apothaker and his law firm, violated the Rules of Professional Conduct as well as Pennsylvania law by failing to adequately review the contract creating the alleged debt, by failing to have a valid written assignment, by failing to properly record the alleged debt as disputed. 53. Defendant attorney, David Apothaker and his law firm, violated the Rules of Professional Conduct by threatening litigation when the threat of litigation was false, is time-barred, and more importantly, Plaintiff DOES NOT OWE THE DEBT. 54. 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. 55. 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. 56. 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. 57. 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. 58. The Defendant violated 15 U.S.C. § 1692c(b) by contacting a third party, without the Plaintiffs prior consent. 59. The Defendant violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the imminence of legal action by Defendant. 60. The Defendant violated 15 U.S.C. § 1692c by contacting the Plaintiff after the Plaintiff had requested the Defendant cease communication with the Plaintiff. 61. The Defendant violated 15 U.S.C. § 1692g, by failing to give the required notices to the Plaintiff in the initial communication. 62. At all times pertinent hereto, the initial communication was made by telephone. 63. At all times pertinent hereto, the Plaintiff was unable to dispute the alleged debt. 64. 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. 65. 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. 66. The FDCPA states, it is unlawful to misrepresent the legal status of an allege debt, 15 U.S.C. § 1692f and § 1692e(2)(A). Defendant violated this section of the FDCPA. 67. 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). 68. Defendant's communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. 69. 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. 70. 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. 71. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 72. 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). 73. Defendants' communications were intentionally confusing and deceptive, in violation of 15 U.S.C. §1692e(5) and (10). 74. Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made. 75. The above mentioned acts with supporting cases demonstrates that the conduct of Defendant rises to the level needed for punitive damages. 76. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n. 77. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 78. 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. ©) 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 Plaintiffs 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:4/14/08 By: /s/ e nn 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 n C" 44) y ^? ? n rV fzT ?- y e_? 7 ,.; y yJ L ±. ll?t { -. f C T'? 1 c. r n n Q 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) 789-7151 Attorney for Defendants, Apothaker & Associates & David Apothaker KIMBERLEE KREISER Plaintiff, V. CSG, APOTHAKER & ASSOCIATES, P.C. & DAVID APOTHAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 08-2338 PRAECIPE TO FILE COPY OF NOTICE OF REMOVAL I TO THE PROTHONOTARY: As provided under 28 U.S.C. §1446(d), please file the attached certified copy of Defendant's Notice of Removal, filed in the United States District Court for the Eastern District of Pennsylvania on June 10, 2008. Respectfully Submitted, MAU4CE & NEEDLEMAN, P.C. B : ? A NEEDLEMAN, ESQUIRE A o y r Defendants, APOTHAKER & A CIATES, P.C.& DAVID Date: June 10, 2008 Pennsylvania Middle District Version 3.2.1 Civil and Miscellaneous Initial Pleadings 3:02-at-06000 Plaintiff v. Defendant United States District Court Middle District of Pennsylvania Notice of Electronic Filing Page 1 of 1 The following transaction was entered by Needleman, JoAnn on 6/10/2008 at 4:58 PM EDT and filed on 6/10/2008 Case Name: Plaintiff v. Defendant Case Number: 3:02-at-6000 Filer: Document Number: 567 Docket Text: Notice of Removal Case Title: Kimberlee Kreiser v. CSG, Apothaker & Associates, P.C. & David Apothaker; Court Name: Cumberland County Court of Common Pleas. with certificate of service Action happened in Lebanon County. Filing fee $ 350, receipt number 03140000000001310749.. (Attachments: # (1) Exhibit(s) A - Complaint) (Needleman, JoAnn) 3:02-at-6000 Notice has been electronically mailed to: 3:02-at-6000 Filer will deliver notice by other means to:: Plaintiff 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=6/10/2008] [FileNumber=2008054-0 ] [af5l50l38afal8623OfD78d348f3f97fb66179bOf88clb9b9l3268cdeaf3c496f8f 573320489a8899be2e3acdf67bcO28bb3bc6d50256cab99cO58dfec522ee3]] Document description:Exhibit(s) A - Complaint Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=6/10/2008] [FileNumber=2008054-1 ] [4cf3732736a88e83cl3763d22bl64Of3f5df6Od9f77101e2b421937e1443001fb33 AW074d8331lb4a8e63dO3cbcOa99acbca7a214dla165ce36cOdbe976bc]] httns://eef.vamd.uscourts.2ov/cai-bin/Disi)atch.pl?794322416862509 A/i nionne 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) 789-7151 Attorney for Defendants, Apothaker & Associates & David Apothaker KIMBERLEE KREISER Plaintiff, V. CSG, APOTHAKER & ASSOCIATES, P.C. & DAVID APOTHAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 08-2338 CERTIFICATE OF SERVICE I, JOANN NEEDLEMAN, ESQUIRE, hereby certify that on this date I have caused a true and correct copy of Defendants' Praecipe to File Copy of Notice of to be served upon the persons and in the manner set forth below: DEANNA LYNN SARACCO, ESQ. 76 GREENMONT DRIVE ENOLA, PA 17025 Respectfully submitted, MAyUWCE 4? NEEDLEMAN, P.C. J¢9nn Needleman, Esquire Date: June 10, 2008 ®IS 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 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. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS KIMBERLEE KREISER (b) County of Residence of First Listed Plaintiff Lebanon (EXCEPT IN U.S. PLAINTIFF CASES) (C) Attorney's (Firm Name, Address, and Telephone Number) Deanna Lynn Saracco, 76 Greenmont Drive, Enola, PA 17025 717-732-3750 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) ? 1 U.S. Government 9 3 Federal Question Plaintiff (U.S. Government Not a Party) ? 2 U.S. Government ? 4 Diversity Defendant (Indicate Citizenship of Parties in Item III) DEFENDANTS CSG, APOTHAKER & ASSOCIATES & DAVID APOTHAKER County of Residence of First Listed Defendant Burlington (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. Attorneys (If Known) Joann Needleman, Esq., Maurice & Needleman, 935 One 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 1 ? 1 Incorporated or Principal Place ? 4 X 4 of Business In This State Citizen of Another State ? 2 14 2 Incorporated and Principal Place ? 5 ? 5 of Business In Another State Citizen or Subject of a ? 3 ? 3 Foreign Nation ? 6 ? 6 ? 110 Insurance PERSONAL INJURY PERSONAL INJURY ? 610 Agriculture ? 422 Appeal 28 USC 158 ? 400 State Reapportionment ? 120 Marine ? 310 Airplane ? 362 Personal Injury - ? 620 Other Food & Drug ? 423 Withdrawal ? 410 Antitrust ? 130 Miller Act ? 315 Airplane Product Med. Malpractice ? 625 Drug Related Seizure 28 USC 157 ? 430 Banks and Banking ? 140 Negotiable Instrument Liability O 365 Personal Injury - of Property 21 USC 881 ? 450 Commerce ? 150 Recovery of Overpayment ? 320 Assault, Libel & Product Liability ? 630 Liquor Laws ? 460 Deportation &Enforcement ofJudgmen Slander ? 368 Asbestos Personal ? 640 R.R. & Truck ? 820 Copyrights ? 470 Racketeer Influenced and O 151 Medicare Act ? 330 Federal Employers' Injury Product ? 650 Airline Regs. ? 830 Patent Corrupt Organizations ? 152 Recovery of Defaulted Liability Liability ? 660 Occupational ? 840 Trademark X 480 Consumer Credit Student Loans ? 340 Marine PERSONAL PROPERTY Safety/Health ? 490 Cable/Sat TV (Excl. Veterans) ? 345 Marine Product ? 370 Other Fraud ? 690 Other ? 810 Selective Service ? 153 Recovery of Overpayment Liability O 371 Truth in Lending ? 850 Securities/Commodities/ of Veteran's Benefits ? 350 Motor Vehicle ? 380 Other Personal ? 710 Fair Labor Standards ? 861 HIA (I395ff) Exchange ? 160 Stockholders' Suits ? 355 Motor Vehicle Property Damage Act ? 862 Black Lung (923) ? 875 Customer Challenge O 190 Other Contract Product Liability ? 385 Property Damage ? 720 Labor/Mgmt, Relations ? 863 DIWC/DIW W (405(g)) 12 USC 3410 ? 195 Contract Product Liability O 360 Other Personal Product Liability ? 7)0 Labor/Mgmt.Reporting ? 864 SSID Title XVI ? 890 Other Statutory Actions ? 196 Franchise Injury & Disclosure Act ? 865 RSI 405( )) ? 891 Agricultural Acts L RIGNTS P N£R F 4'fONS ` ? 740 Railway Labor Act FE TAX ITS ? 892 Economic Stabilization Act ? 210 Land Condemnation ? 441 Voting 510 Motions to Vacate ? 790 Other Labor Litigation ? 870 Taxes (U.S. Plaintiff ? 893 Environmental Matters O 220 Foreclosure ? 442 Employment Sentence ? 791 Empl. Ret. Inc. or Defendant); ? 894 Energy Allocation Act ? 230 Rent Lease & Ejectment ? 443 Housing/ Habeas Corpus: Security Act ? 871 IRS-Third Party ? 895 Freedom of Information ? 240 Torts to Land Accommodations O 530 General 26 USC 7609 Act ? 245 Tort Product Liability ? 444 Welfare ? 535 Death Penalty TION ? 900Appeal of Fee Determination ? 290 All Other Real Property ? 445 Amer. w/Disabilities - O 540 Mandamus & Other 462 Naturalization Application Under Equal Access Employment ? 550 Civil Rights ? 463 Habeas Corpus - to Justice ? 446 Amer. w/Disabilities - ? 555 Prison Condition Alien Detainee ? 950 Constitutionality of Other ? 465 Other Immigration State Statutes O 440 Other Civil Rights Actions V. ORIGIN (Place an "X" in One Box Only) Appeal to District 9 1 Original A 2 Removed from Q 3 Remanded from O 4 Reinstated or 0 g Transferred from 0 6 Multidistrict O 7 Judge from Proceeding State Court Appellate Court Reopened another district Litigation Magistrate (snecifv) Judement VI. CAUSE OF ACTION of cause: Violations of the Fair Uebt Vollectlons Practices Act _ VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: D Yes ? No IF ANY RELATED CASE(S) (See instructions): . JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 06/10/2008 /s/ Joann Needleman. FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP which you are tiling (Do not cite jurisdictional statutes unless JUDGE MAG. JUDGE A 44 Reverse (Rev. 12107) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEE'N' FORM JS 44 Authority For Civil Cover Sheet The JS 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; I. (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.) 111. 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. ti 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 1404(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. i 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 grief Description: nau onzed 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. Demarid. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. i Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. i VIII. ti 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. l NITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA (HARRISBURG) KIMBERLEE KREISER CIVIL ACTION NO. Plaintiff, V. (REMOVAL OF ACTION) CSG, APOTHAKER & ASSOCIATES, P.C. & DAVID APOTHAKER FILED ELECTRONCALLY' 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(s), APOTHAKER & ASSOCIATES, P.C & DAVID APOTHAKER. (hereinafter collectively referred to as "Apothaker"), by and through its undersigned attorney, respectfully represents as follows: 1. The removing parties are Defendants in the above entitled action. 2. On or about April 13, 2008, the above entitled action was commenced, by the filing of a Civil Action against all Defendants in the Cumberland County Court of Common Pleas, Case No. 08-2338 (the "State Court Action"), and is now pending therein. A true and I correct copy of the Civil Complaint is attached and marked as Exhibit A. 3. On or about May 13, 2008, Apothaker was served with a copy of the complaint. (See ExhibitA . 4. The State Court Action seeks, inter alia, the following relief: monetary damages for violation of the Fair Credit Extension Uniformity Act, 73. P.S. §2270 et seq monetary damages for violation of the Pennsylvania Unfair Trade Practice Act, 73 P.S. §261 - I et seq., and r monetary damages for violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (See Exhibit A . 5. 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 Practices 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 4 timely filed with the'Court within thirty (30) days after service of the Complaint on the removing parties in the above entitled action pursuant to 28 U.S.C. r § 1446(b). WHEREFORE, the removing parties pray ithat the above entitled civil action be removed from Cumberland County Court of Common Pleas. Respectfully submitted, MAUR-ICE & NEEDLEMAN, P.C. /s/Joann Needleman JOANN NEEDLEMAN, ESQUIRE Attorney for Defendant, APOTHAKER & ASSOCIATES, P.C. & DAVID APOTHAKER 935 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 789-71751 (215) 563-8970 fax j oann(a-,mnl awpc. com Date: June 10, 2008 s UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA (HARRISBURG) KIMBERLEE KREISER CIVIL ACTION NO. Plaintiff, V. (REMOVAL OF ACTION) CSG, APOTHAKER & ASSOCIATES, P.C. & DAVID APOTHAKER FILED ELECTRONCALLY Defendant(s). CERTIFICATION OF SERVICE I, JOANN NEEDLEMAN, ESQUIRE, hereby certify that on June 10, 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 Defendants, APOTHAKER & ASSOCIATES, P.C. & DAVID APOTHAKER 935 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 789-71751 (215) 563-8970 fax ioann(i?mnlawpc.com Date: June 10, 2009 i Kimberlee Kreiser. 1\ 11-11:, 0)1,'R] ()I COMMON 11-1.-\5 Plaintiff, (1 '10 BFRl %ND (°( )1 'NJ Y, 1'1 IN N'SYIN 1: V. @ i CSG, and Apothaker & :assoc. P.C., and David ARothaker, an debt collection attorney, Defe.ndaults. - NOTICE TO PLEAD 7-' TO THE DEFENDANT NAMED HEREIN: :. try cla .,.s w i .-' i , twenty (2 0 da s ` - - filing the Y ; . YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAP:NOT AFFORD ONE,,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland C'ountt° Bar,ks ociation 32 S. Bedford Street, Carlklc, l'.1. 1-800-990-91013, 717-249-3166 E HISIT --ft?l IN TIDE COURT OF C'OMMO N PLEAS C UMBERLAND.C OUNTI , I'LNNS} LVANIA Kimberlee Kreiser. Plaintiff. v. Civil ActiOIA No.: 5 CSG, and Apothaker S: Assoc. P.C.. and David Apothaker.. an debt collection attorney. Defendant;,. COMPt,AI\T GE,NERAL ALLEGATION'S 1. Wisdiction Or this Action is asserted under the Pennsvlc ania lair ("redit'l,.rtt nsion Uniformity Act. 73 P.S. ,, 2270 et seq. 2. Piaintifi`is a consunwr located "thin the C'omill me-eaith of Pcnns?4?ant?+. Defendant CSG is a business emit} enpagid in tine business of eollectin- c o nsunm dents i in this Commonmealth twith a mailing address of P. O. Mix TV & Plulad iphia_ 1% 19144. 4. Defendant David Apothakcr and Apothake-r &..-\ssoc._ P ('.. are atUme; debt collectors/business entities engaged in the bu` h ss of colkefing collsumc,r dchts in 1111 Commonwealth "n ith a mailing address (kf l.',-t 1 N. DelavNaie Av?e. 405, Philadelphia. PA, V H 1 5 ;WL 5. Vk4a6n,). proy i?ioms of the Fair Debl Collection Practice,,Acl i,_,late the Pennsclvania F('l~_l . 73 P.S. 6. On or about March ?tW, through March 2005. Defendant comtacted Plainti11'and her husband by telephone._ both at I10111r and at Nv Ork. 7. During the course ol'these telephone convercations. Plaintiff and her hitsbartd informed the callers that Plaintiff did not owe the debt. 8. Plaintilfand tier husband Bled a halite report Ii)r po,,,sible identit% thch hoc, cte-r- it was learned that the Defendants simple had, tile 9. This issue has been m-,, ijw, since 20();. IO. Plaintiff and her husband hale deluded docunicnt> re irtltr#tg then' attct11pt to ?tt)p tilt: harassment and hare, the incorrect dcht r-cmw ed trom the, credit repin-t. 11. To date, tile. Dele:ndants refused to cease colL'oNort actit it\. l2. Plaintiff and her hushand ere haras"ed at 11(ornC_ on their cell phones and at mwk, for a debt that the Plaintiff does not o?v e- 1 1. Defendants made nunwrou"; threats nflitigat1,on, dk:spItc Plilintiff repeated{ d isputin,-, tho,: alle f-ed debt. 14. Plaint] ffbelicvcs and therefore avers that the initial conlIII Lill ii:atloll tclCphone. 15. At no tinic <lurin?? the telephone convicts did the I)etcndants inform Plairatiffof her ri?ht under the 1-1)(TA. 1(i- Plaintiffbelieves and therefore avers that DO'kAidam dices not hit\e it ? aliof is i nnle tat anal is therefore. tnllavhill, atttnlpting to collect the alleged debt. 17. Plaintiff belie,,-es and therefore avers that Detendiant N Iolined federal and same kms its «ell as tli Rules of Pr lessional Conduct. COUNT I - PENNSYLVANI L FAIR CREDIT EXTENSION t:N1FORNM1TY_Y ACT 73 I' Vi . 2276 et seu•_ 18. Plaintiff hereby incorporates the ftAre_oinga &s if tulle -,et forth herein. 19. The FDC'P,<1 states that it violation of Slate lav\ i; a violation oll'the FDCP.A- 15 1 '-?.C. 1692n. Pennsylvania law applic, to this .action. 18 Pa.( .S. §7, 11 et wq 20. Plaintiff believes and therefore avers that 'TDetendants r iolated 18 Pa.C, -,. ? 7;1 1 (a) ,mid (b), by; not having a valid contract and written a,5ignrneatt for the alle,cd debt. 21. Plaintiff further believes that iDetcndants E it±I.ated prole isions ofthe Fair (Jett Collection Pmetims AcL as alleged in [lie Cicrtera'l ??lle.atioars and ttte other Count, kIf Ihi, Complaint.. as such,. Defendant" x iolated the Pentas?l? atria i t l t !. 73 P,S..?2''70, f(,m 21 That DeTtidants engaged in unfair methods of competition and unfair or ,icccptitic acts; or practices. as defined by FCM? and the re??ufi,iiuna. including, but not lintited to. t iolmion, - ?: of 3 Pak de §19A N ,t , ?. WT_,E 14 7. IM 18 t, an<a P.S. ? _t+ 1-"'z 4). 23. Defendants* act, as descrihed herein xticre done "Ah nudi kmo im nth"M " iliOL reckless, negligent and "Anton disNywd Aw Plaintiff, riuh(s with the ptirpo c of coercing Platntif w pad the alleged debt. 21 As a result of the above violauom Pki miff K untitled to 'uttwory_ ttctu?sl. treble and punitiNe damiages and attornc. 's lee" 'Ind l'oSt`rv. n3 an am milt of trot lei,, that ?+.it?_o[)tt.t)(1. WHEREFORE, plairatilf re?luc is that this l lonorabir t ?otn•t i"ue jud,Tment on hi, behalf and against Defendants for a statutor; petuMN. treble tlamagtc,. ptnlrtiv e damat_--c,. sttttrnvy lees and costs pursuant to 73 P.S. ?, 270.5. COUNT II - PENNSYLVANIA U FAIR TRAl_)E PRACF (`1 S AND CO ISO NT R PROTI CTK)N' LAW 25. Plaintiffhercb) incorporates the t6r oin;g as it fully set forth herein. 26. Jurisdiction for this action i, asserted pursuant to the PennsN lx ania t `nfair I radc Practices and Cons nnerProtection Laws. 73 P.S. X201-1 et scg1 27. That defendants engaged in unfair na dAWIQt', otajmition &W unf air or df.,ccptk e ;.act, oi- practices, as defined be t +TPCPL. Asa result of the above violations. Plaintiff i:; en6(Ied to statutor? actual. trchle and punitive damagcs and attorney'` tees and cots. WHEREFORE, plaintiffrequests that this l lono?rahle C'Q.riu-t issue judgment on Plaintiffs behalf and against defendants for a statutory penalty. trehle clans ague,,', punitke damages. attorne, fees and cost: pursuant to 73 K9. T I I QW, COUNT III - FAIR DEBT COLLECTION PRACTICE: AA((' I U.ti C. §I()92.ELI SL 29. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act. ti 15 U .C. § 1692. et seq. C`1 D(TA"). pwilulad 13 LM . `f6ct2k(dt and 28 t'S.c. §1337. 1. 30. Venue lies in this Di trict pursuant tai 28 t S.C. 134 k K 31. Plaints ff is an individual and consumer pursuant to 13 t_01? § 16c>2af 6). 32. Defendants are debt collectors as defined by 15 I l &C. 1 1tYM3). 33. Defendants contacted Plaintiff Mmi \lareh 2007 thmieh \lareh of 2t?tt8. ich -,arc "ctantmunaeaatums te(attn?a to a `'debt-- as ielincd by 15 t_ 51. t 1(>9?at2) and itA2aG ). c 31 At all pertinent times hereto, the lhicndaams t\ere hired to k:ollcc;t a dcht aciatin? to a consumer traansactron. t f- ereinatter the. 'Ollegcd debt. ? 31 Defendants ommunkmal "kh phutatitl'mi orofur one year hcliar<: the d<ue ofthis action. in connection with collection effort;. by letter. tejcj?hr'nc contact or,?Iher documents, cv ith rcgarcl to Qn6fl`s alkpal debt. 36. FDCPA requires debt collectors to compil Qdi all t.atc• i 1 Sti ( . § l6t)2n. Defendant violated Pennsylvania la« staaws.1h Pa10, 711 itoI;uW th! fear Riling to properly rcv ic« the contract crcatin,, the aalle??<ci debt and for tailurc 14a have a \'rlid asAgnmwat of the alkgol debt. 37. The FRCP it states. a debt collector may not U .SC unfair OF unconscionable means to collect or attempt to collect any debt. 15 1: S, C, 116922 l )efendant yi.rlated thi, section of the FDC'l'A. 38. The Defendants violated 15 1_I.S.C'. § 1690("b} by contacting a third part. "ithout the PtaiOWs prior consent. 39. The Defendants violated 15 1'.W § lMS 2 x A w (5 t and f 1(11 ht tt?isrejirrsentin?? tlre intnlinence of legal action by Defenndants. 40. At all times pectin u hcren the DcOndants tirade all 4i?ntt?ct?+ 1" the F'laintillby telephone. 41. The Defendants violated 15 1 `.S.C. ? I6L)'c(1 1 t It biling to iwi,nide the consumer tvith the proper tyarning. "this is an attempt to collect a debt. any informtitican ohtained W he used for that purpose,.. during the initial r lephtmc communieyRi and its Wseyuoit connrnunlcattons. 42. Defendants tiolated 13 [,, & § Wo to fhiiin:! to prm idc thw ?tisn un?tr ilh tile proper tadidation notice tyithin fiyc days of the, initial c011111unlication. 4 3. Defendants t, ioIated 13 1 .SK. 5 ItAQ by den andii pat ii c ut tv ith<iw pr<>tidiathe proper consumer tnarrttiit s_ thus. detendi_tnts <tter"d adutt,ed the I-IX,P,1. 44. Defendants t?ioIated 15 11 S.(_'. ? 1MS 71 by itmplyino duHup the coume ,.01 he conversation. that the consumer ttrrs in ''trouble ttith the lau and or "cr?nttnitted fraud... 45. Defendants violated 15 V.S.C. §I692L h attetTaptitr w to collect a time barred debt. 46. Defendants violated 15 1 S. U. `1092 f. t t threaten in4° and or tilin4, suit tyit)jout proper legal authority in Penns; hunia. 47, Defendants violated 15 US.C. I RM2di 21 by Wing profane and aliu:i%e lanl?ual_'e towards the Plaintiff and her husband. 48. Defendants Volated 15 1_'.S.C. 1092dt5t be causing the pholle to rind and the consumer in repeated conversations. 41 Defendants violated 15 t'.S& § PICK i b? ormmtn icatirrg NO third l3anies regar hn;.., the alleged debt. %vithout the consent Of tile collmlnler? 50. Defendants violated 1.5 U.S.C. `1 tic??t (3) ?bv communicatim`. \n ith persotjt other th<raa the Plaintiff more than one tinge. WHY, ctmsent and "Mm the consent of'w Plaintiff. r 1. The HDC`) :-\ states. I debt collector n?tt\ not rase false. ?lcceldive or nude adin representation or means in connection with the collection (,f any debt. 15 1 169205) and t 1tit. Defendant violated these tieetions of the I I)CI'A. 51 Defen&mt attornel. David Apothaker and hi?? late firm. violated the Rule", of Professional Conduct as well as PcnnsyN ania WN by hNing hi adslumel, rep ic%u the contract ere atiu,. the alleged debt. by faihng to have a %ahd "W(en assi_nment. I,\ failing to properly record the alleged debt as disputed. 51 DeIndan't attc'Emey. David Ap Alaker and his la" firm. violated tlae Rule; tit Prolcssiona Conduct by threatcnint,. litiz?ation when tiro threat trf litigatitm',vzas (?alse i?N I611C-barred. and more importantly. f'(aintiff i)LrFS fit a"f O l CN1 DI Ii I . 54. The I'l)(14 statm a debt er,l{ecW may rm use unkiir or ?_rn???nscionablc nac?rn:to collect or attempt to collect any debt. 15 t :S.t 11092 1. 1 kt ndant citdated the hi', ,e,:i ion of the FDCPA, 55. The MW states_ a delft collectu,r ma; nett tree ILIA% decc{rW e or ntislradinzt. representation or means in conncctiurn with the c?rllectiE,n (d any debt. 15 I09'e. Defendant violated this section of the FDOIA, 56. The FD(TA states, a debt colleckw may njot engage in any conduct the n4twal consequence of which is to harass, oppres or abuse any person in conneQbin xv th the collection ofa debt. 15 t_'.` .(`. tiI692d. Defendant violated this section g)f the FDCII;v 5T The FDC.PA states. a debt collector tnm not c,otnmunicatc. in connection ?oith the i collection of any debt. wid1 stns person other than the, consumer. 15 t ' S j.: f 020 h ). Defendant violated this section of the FDCP,1- 58. The Defendant violated 15 1 .S.('. 1(-r02 (hi hti cortt?tctii???? a third part?:titiith gut the Plaintiffs prior- consent. 59. The Defendant t iolated 15 t 16,t20i' t(A)- (5) and (tt1f by misrepresenting flat imminence of tee of action h? DcttndAnt. 60. The Defendam violated 15 t--S,C'. 1602c h? t:onlacti[IL the Plaintifl'after the I'laintiff had requested the Defendant cease contmutuc<stion with the 1'l,air 614, 61. The DefendalA t Waled 15 ( .ti.( ;1WHy b; Ming v, Q e the requirMmOn to the Plaintiff in the initial communication. 61 At all tinws pertinent bereft," the initial conut mutation vvat, 11rade ht tetep}u,m 63. At all times pertinent hereto. the 1'taintil "in int,thle to di:1-,tits: the alleged doht. 64. The F"DCPA provides certain tights ui the towumei- re?arc.linz his'her 6,211t It' diSpute (he alleged debt. 15 ( S.U. 1692g. DelOctattt Oolawd this sectOn of the PiHM. 65. The FDCPA states- a debt collector coati not er,mniulcate " k h a tomsumer at the consurtmr;s place of empkIment if the debt odlector known or has reastm h, Ki" that the consumer eunpkger prohibits the consunwr hrom recciv ing such c{"ItmuniraWns. 15 t'.S.C. § 16`420a)(3 f. Delendam violated thi:, .,cction ,_)t' the ( DCPA.. 66. The l-'DCPA states- it is unlav,v(itl to misrepresrllt the ICIldl SaJttts Ofan aUe-c dCht._ 15 USY 11692fand ,]692e(2)(,N). Defendant violated this >,vction OI' the I IY'PA. 67. Defendant's collection communicatOns were intcnthmaBy cortkrsing. misicaing and other"ke deceptive w the l'laintiOR in v kdwion of 15 ( VC. H02o 5 ) and t NO. 6K. Dcfencj<t4 co rimunications created a faltie ;ew"c of ttr ?enc? oil the pa"I (it' Plaintiff ill violation of the l )CPA. 61 At all time pertinent hereto, the DetenW was acdnt,_' b4 and through it', t1?CtrtS, serv'ant, andlor emplyees. «ho were acting tivithin the scope and course of their cr7tQt cm. and under the direct sul)ct-v ision and control of the. I X.Iendant herein. i 70. At all times pertinent hereto. the conduct t f I )eletulant as «ell as their : gvrits- scr\ ants. andtor emplolees. ? as malicious. intentional. NriIIful. rccl<l :ss. ne_ligcnt an"l iti \\:Inton disregard for tederal and state last :ald theri?e.1?ts r>f the l'}aintiff herein. i71. Plaintiffbelieves and thuNwe avers del tote 1Delendant's agents made t gl,cC threats of litigation. 72. Defendant's threat of hi<uation was false because Defendant does not routin IN tilt suit against corisurner debtors- in \ iolatio n of 1.5 1',S,(', ? I692c(5) and t 10). 73. Defendants" communications mm imAdAmIly c mUWin?! and deceptiv C; ill -\ iolation (it, 1 ? U-S.('. 1692c(? l arrd (101. 74. Plaintifftias confused. decci', ed and OWN thy hiuation «as imminent it',,:ettlenicnt was not tuadc. 75. The above mentioned acts with strppordnre Cass dctnon,?trak:,, that the conduct u( Defendant rises to the lex el needed 161- punitiN danrr c . 76. Defendam in its collection effim violated iLe FDC'P.V inicr,rlro. ,,ectiom, 1 WC, h. c. d_ e. E g_ It. and-'or n. 77. Defendant. in its collection e:thw& tared like car deceptiv, tct, ?md intended it) oppne s and harass plaintiff. 78. That, as ,a result of the u.ronuhtl tactics of IMZt nda.nt as al orementionM. plaintiff has been subjected to anxiet % harassment, intimidation and anntwance for "hich compensation is sou?(_Iht. W'HERFF(IRE, Plaintiff respecttully reyue'ts that [its I Court on Plaintitrs hehall'and against De{i:?ndant and issne :an t )rdcr: (A) Award Ptaintifhstatutory Wages !ill the am"unt ofOne. The? isand I)t)llars { `+I _(00,00) l«r each violation of the 1 1)(`P: 1 or each ,cparmc and discrete incident in which Deicndant have v iolated the I-D('P.1. (B) Award Plaintiff cTeneral dam?n?!c, and hunitixe dantagt:> I'or anxietw, hara5 ?tient_ t, and indnAdation directed at hirn in,'stn amount ma less than 'hen Mmsand MKS (SI0.0t)0.00). as Fell as the repetitiie nature of Det ndant Ann lAters. c' } 1xard'I'laintifl'costs tafthis litigaQvn. including a rcasoriahle attcarnc. 's fee at a rate of` 450.00 per hour. 1vr hours a-casonahl? e\pendcd hN Plaintiff`>, atttarnc? ill Nindic<atinP PlaintH s rit'hts under the FEWPA. permitted It 15 ['.w.('. I01)?kta)( ). (D) Award declaratorN and injunctivc relict. and stach other reliefas this I lonttrahle (.,ourt deems necessary and proper or Dart or etluitt lna? prov idc. Dated:4/ 14/08 If ; s )e<a?an? I.• nrr Sar<acco Deanna l inn Stramn lttorney QrlPlaimiiff' 76 (ireenniont I )rk e_ PA 1705 14lephone 71T732079) Kati 717-72,;-9498 1;rlttail: `?:u-zacci?I ax?crac+l_c:om > l C CT cll?