HomeMy WebLinkAbout08-5972? a, 6-- .S5 7 d-
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Aimee Paukovits
Erford Road
Camp Hill, PA 17011
I C System Inc.
444 E Highway 96
P. O. Box 64444
St. Paul, MN 55164
Plaintiff(s) & Addresses
Defendant(s) & Addresses
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued
and forwarded to (X ) Attorney () Sheriff.
Deanna Lynn Saracco, Esquire
76 Greenmont Drive Signature of Attorney
Enola, Pennsylvania 17025
Phone 717-732-3750
SaraccoLaw@aol.com Dated: _10/2/08
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HA AVE
COMMENCED AN ACTION AGAINST YOU.
Q I , othonotar
Dated: Air- - 6 d-W a-
By:
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IN THE UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
Aimee Paukovits Docket No.: pg _ ,rp7a Civit -FM
Plaintiff
V. ;
I.C. System, Inc.
**Via Electronic Filing**
Defendant
NOTICE OF REMOVAL
Defendant I. C. System, Inc., by and through its undersigned counsel,
Marshall, Dennehey, Warner, Coleman & Goggin, hereby moves this Honorable
Court pursuant to 28 U.S.C. § 1446(b), as follows:
1
1. I. C. System, Inc. is a Defendant in an action now pending in the
Court of Common Pleas, Cumberland County, Pennsylvania, at Docket No.: 08-
5972 ("the Action").
2. Defendant was served with a copy of the Writ of Summons and
Complaint on or about November 3, 2008. True and accurate copies of the Writ of
Summons and Complaint are attached hereto as Exhibit "A".
3. Plaintiff in the Action is Aimee Paukovits.
4. Plaintiffs Action alleges violations of the Pennsylvania Fair Credit
Extension Uniformity Act, 73 P.S. §2270 et seq. and the Federal Fair Debt
Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA").
5. The Action involves an question of federal law. Pursuant to 28 U.S.C.
§1441(b), "any civil action of which the District Court shall have original
jurisdiction founded on a claim or right arising under the laws of the United States
shall be removable."
6. Inasmuch as the Action arises, in part, out of alleged violations of the
FDCPA, this Court may properly remove the Action to Federal Court, based on 28
U.S.C. §1441(b).
2
7. Written notice of the filing of this Notice of Removal shall be given to
all parties, as required by 28 U.S.C. § 1446(d).
8. This Notice of Removal is timely, being filed within thirty (30) days
of the date of service of the Writ of Summons and Complaint setting forth the
claims for relief upon which the Action is based. 28 U.S.C. § 1446(b).
WHEREFORE, Defendant I. C. System, Inc. respectfully requests that the
within action be removed from the Civil Docket of the Court of Common Pleas of
Cumberland County, to this Court for further proceedings.
Respectfully Submitted,
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
DATE: November 19, 2008 BY: s/ Andrew M. Schwartz, Esquire
Andrew M. Schwartz, Esquire
I.D. No. 79427
1845 Walnut Street
Philadelphia, PA 19103
(215) 575-2765
amschwartz@mdwcg.com
Attorneys for I. C. System, Inc.
3
Respectfully Submitted,
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
DATE: November 19, 2008 BY: sl Christopher J. Conrad, Esquire
Christopher J. Conrad, Esquire
I.D. No. 202348
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3531
cjconrad@mdwcg.com
Attorneys for I. C. System, Inc.
4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing Notice of Removal has been served upon the following known counsel
of record this 19th day of November, 2008, via electronic filing, as follows:
Deanna Lynn Saracco, Esquire
76 Greenmont Drive
Enola, Pennsylvania 17025
Curtis L. Long, Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: s/ Christopher J. Conrad, Esquire
Christopher J. Conrad, Esquire
I.D. No. 202348
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3531
cjconrad@mdwcg.com
Attorneys for the Defendants
5
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Aimee Paukovits
Erford Road
Camp Hill, PA 17011
Plaintiff(s) & Addresses
1 C System Inc.
444 E Highway 96
P. O. Box 64444
St. Paul, MN 55164
Defendant(s) & Addresses
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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
Enota, Pennsylvania 17025
Phone 717-732-3750
SaraccoLaw@aol.com
Signature of Attorney
Dated: 10/2/0$
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.
P onotary
Dated: ()'tto44k
By:
Deputy
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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 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 torte tomara medidas y puede entrar una orders 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 SUFIClENTE 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
Aimee Paukovits, :
Plaintiff, Civil Action No.: 08-5972
V.
IC System Inc.
Defendant.
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. Defendant is a business entity engaged in the business of collecting consumer debts in
this Commonwealth with a mailing address 444 E. Highway 96, St. Paul, MN 55164.
3. Plaintiff is a consumer and a resident of Central Pennsylvania.
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 September/October 2008, agents of the Defendant contacted Plaintiff and by
telephone.
6. Defendant contacted Plaintiff at her place of employment, even though Plaintiff advised
the Defendant that she could not receive calls at work.
7. The Defendant also contacted Plaintiff's mother, even though the Defendant already had
Plaintiff's location information.
8. Plaintiff believed that something would be filed against her in local court and sent to her
at her place of employment.
9. Defendant further stated that they were charging interest and that every month, the
amount of the alleged debt would substantially increase.
10. During the course of the telephone conversations, the defendant demanded to have the fax
number of her place of employment, and threatened to contact her human resource
department.
11. During the course of the telephone conversations, the defendant was rude, belligerent and
insulting to the Plaintiff.
12. Plaintiff has no contract or other written agreement to pay interest to any of the named
Defendant.
13. Plaintiff believes and. therefore avers that Defendant does not have a valid assignment and
is therefore, unlawfully attempting to collect the alleged debt.
14. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in
violation of Pennsylvania law.
15. Plaintiff disputed the alleged debt.
16. Defendant offered Plaintiff a settlement despite being told that the debt was in dispute.
17. Plaintiff believes and therefore avers that making a settlement offer is a prelude to
litigation and as such, Plaintiff believed that litigation was imminent.
18. Defendant rarely, if ever, files suit against consumer debtors as such, any inference of
litigation is a violation of the FDCPA.
19. Plaintiff disputes the alleged debt and hereby requests proof of the manner in which the
alleged debt was calculated, as is required by state and federal law.
COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
1. Plaintiff hereby incorporates the foregoing as if fully stated herein.
2. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension
Uniformity Act, 73 P.S. §2270 et seq.
3. Violating provisions of the Fair Debt Collection Practices Act also violate the
Pennsylvania FCEU, 73 P.S. §2270.4(a).
4. 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), 3013(14), 303.3(18), 303.6 and 73 P.S. §201-2(4).
5. Defendant's 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.
6. 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 defendant for a statutory penalty, treble damages, punitive
damages, attorney fees and costs pursuant to 73 P.S. 2207.5.
COUNT It - FAIR DEBT COLLECTION PRACTICES ACT
7. Plaintiff hereby incorporates the foregoing as if frilly set forth herein.
8. 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.
9. Venue lies in this District pursuant to 28 U.S.C. 1391(b).
10. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
§1692n.
11. Plaintiff believes and therefore avers that defendant does not have proper assignment of
the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa.C.S.
§7311(a)(1) and (2).
12. Plaintiff believes and therefore avers that defendant does not have proper assignments
and/or documentation permitting said defendants to charge interest, fees and/or costs. 18
Pa.C.S. §73112(b)(1).
13. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C.
§ 1692n. Defendant violated this section of the FDCPA.
14. Plaintiff believes and therefore avers that defendant added interest, fees and costs in,
violation of state and federal law.
15. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the
FDCPA, 15 U.S.C. § 1692f(1) and I692e(2)A and B.
16. There was never an express agreement by Plaintiff to pay any additional fees, cost or
interest to Defendant or any of its agents.
17. 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.
18. The Defendants violated 15 U.S.C. § 1692c(b) by contacting a third party, without the
Plaintiffs prior consent.
19. The Defendants violated 15 U.S.C. § 1692e(2)(A), (5) and (10) by misrepresenting the
imminence of legal action by Defendants.
20. The Defendants violated 15 U.S.C_ § 1692c by contacting the Plaintiff after the Plaintiff
had requested the Defendants cease communication with the Plaintiff.
21. 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.
22. 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.
23. Defendants violated 15 U.S.C. § 1692g by demanding payment without providing the
proper consumer warnings, thus, defendants overshadowed the FDCPA.
24. 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."
25. Defendants violated 15 U.S.C. §1692e(15) by using a name other than the true name of
the debt collectors business.
26. Defendants violated 15 U.S.C. § 1692f, by attempting to collect a time barred debt.
27. Defendants violated 15 U.S.C. § 1692f, by threatening and/or filing suit without proper
legal authority in Pennsylvania.
28. Defendants violated 15 U.S.C. §1692d(2) by using profane and abusive language towards
the consumer.
29. Defendants violated 15 U.S.C. § 1692d(5) by causing the phone to ring and engaging the
consumer in repeated conversations.
30. Defendants violated 15 U.S.C. §I692d(6) by making telephone calls without disclosing
his/her identity.
31. Defendants violated 15 U.S.C. §I692c(a)(3) by communicating with the consumer at
his/her place of employment, despite being told that such phone calls were prohibited.
3 2. Defendants violated 15 U.S.C. §1692b(2) by communicating with third parties regarding
the alleged debt, without the consent of the consumer.
33. 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..
34. 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.
35. 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.
36. The FDCPA provides certain rights to the consumer regarding her right to dispute the
alleged debt, 15 U.S.C. § 1692g. Defendant violated this section of the FDCPA.
37. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the
defendant did not intend to sue the Plaintiff. Bently v. Great Lakes Collection Bureau, 6
F.' )d 62 (2d Cir. 1998). See also, 15 U.S.C. §1692e(5), 15 U.S.C. §1692e(10).
38. At all time pertinent hereto, the defendant was acting by and through its agents, servants
and/or employees, who were acting within the scope and course of their employment, and
under the direct supervision and control of the defendants herein.
39. 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.
40. The above mentioned acts with supporting cases demonstrates that the conduct of
defendants rises to the level needed for punitive damages.
41. Defendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d,
e, f, g, h, and/or n.
42. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress
and harass plaintiff.
43. That, as a result of the wrongful tactics of defendants 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
for Plaintiff 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 defendants have violated the FDCPA.
(B) Award Plaintiff general damages and punitive damages for anxiety, harassment,
and intimidation directed at Plaintiff in an amount not less than Ten Thousand
Dollars ($10,000.00), as well as the repetitive nature of defendants form letters.
C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a
rate of $350.00/hour for hours reasonably expended Plaintiff's attorney in
vindicating his 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.
statutory, actual, treble and punitive damages and attorney's fees and costs.
Dated:10/31/08 By: /s/Deanna 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
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Pennsylvania Middle District Version 3.2.2
Civil and Miscellaneous Initial Pleadings
3:02-at-0600_0_ Plaintiff v._ Defendant
United States District Court
Middle District of Pennsylvania
Notice of Electronic Filing
Page 1 of 2
The following transaction was entered by Conrad, Christopher on 11/19/2008 at 2:49 PM EST and filed
on 11/19/2008
Case Name: Plaintiff v. Defendant
Case Number: 3_:02-at-6000
Filer:
Document Number: _111.3
Docket Text:
Notice of Removal Case Title: Paukovits v. I.C. System, Inc.; Court Name: Court of
Common Pleas of Cumberland County, PA. Filing fee $ 360, receipt number
03140000000001435680.. (Attachments: # (1) Notice of Removal, # (2) Exhibit(s) A, # (3)
Proposed Order)(Conrad, Christopher)
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=11/19/2008] [FileNumber=2166571-
0][be8ec4ll802edce24dl5ceO56795aOfa33b9b505b12278f5ec95f5b368ccebfb38
OefO219d3b83958d8a6aa9a8f3c3328976637dOae4199179c6fe l fl de87899]]
Document description: Notice of Removal
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1027698419 [Date=11/19/2008] [FileNumber=2166571-
1][a7154b606ecdf4Ob3622Oal3849ac9bd2d7c576f7e38ec19e7aab7a9ldcOcdd882
a982270d9e28cOab6a896d58d9l 8427fl4fff8bef3 cO5 l O7d62ac6l 3OdOb 1 c]]
Document description: Exhibit(s) A
Original filename:n/a
Electronic document Stamp:
https://ecf.parnd.uscourts.gov/cgi-bin/Dispatch.pl?275732450404492 11/19/2008
Pennsylvania. Middle District Version 3.2.2
[STAMP dcecfStamp_ID=1027698419 [Date=11/19/2008] [FileNumber=2166571-
2][ade6lfc19ad4a16120d66a92479547db389cb5689ebfbac728fe468a6cc42aa017
27e53f5e52b6073e2f09dd97c087cd646f38cbe9a5aee6224a9685lb444851]]
Document description: Proposed Order
Original filenamem/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1027698419 [Date=11/19/2008] [FileNumber=2166571-
3][b073ld7elbOf4def66bl499db4326d45c6a8f9b4483d7le858fdacad8e2e05e381
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Page 2 of 2
https://ecf.pamd.uscourts.gov/cgi-bin/Dispatch.pl?275732450404492 11/19/2008
%JS 44 (Rev. 12/07) CIVIL COVER SHEET
4
The 1S 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.)
1. (a) PLAINTIFFS
Aimee Paukovits
(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 Lynn Saracco, Esquire
76 Greenmont Drive, Enola, PA 17025
II. BASIS OF JURISDICTION (Place an "X" in One Box Only)
O 1 U.S. Government 29 3 Federal Question
Plaintiff (U.S. Government Not a Patty)
O 2 U.S. Government O 4 Diversity
Defendant
(Indicate Citizenship of Parties in Item [II)
DEFENDANTS
I. C. System, Inc.
County of Residence of First Listed Defendant Minnesota
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LANDINVOLVED.
Attorneys (If Known)
Andrew M. Schwartz, Esquire
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an ")" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
PTY DEF PTF DEF
Citizen of This State 91 O 1 Incorporated or Principal Place O 4 04
of Business In This State
Citizen of Another State O 2 X 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
O 1101nsurancc PERSONAL INJURY
O 120 Marine O 310 Airplane
O 130 Miller Act O 315 Airplane Product
O 140 Negotiable Instrument Liability
O 150 Recovery of Overpayment O 320 Assault, Libel &
& Enforcement ofJudgment Slander
O 151 Medicare Act O 330 Federal Employers'
O 152 Recovery of Defaulted Liability
Student Loans O 340 Marine
(Excl. Veterans) O 345 Marine Product
O 153 Recovery of Overpayment Liability
of Veteran's Benefits O 350 Motor Vehicle
O 160 Stockholders' Suits O 355 Motor Vehicle
O 190 Other Contract Product Liability
O 195 Contract Product Liability O 360 Other Personal
O 196 Franchise Iniuv
O 210 Land Condemnation
O 220 Foreclosure
O 230 Rent Lease & Ejectment
O 240 Torts to Land
O 245 Tort Product Liability
Cl 290 All Other Real Property
O 441 Voting
O 442 Employment
O 443 Housing/
Accommodations
O 444 Welfare
O 445 Amer. w/Disabilities -
Employment
O 446 Amer. w/Disabilities -
Other
7 440 Other Civil Rights
Ts
PERSONAL INJURY
O 362 Personal Injury -
Med. Malpractice
O 365 Personal Injury -
Product Liability
O 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
O 370 OtherFraud
O 371 Truth in Lending
O 380 Other Personal
Property Damage
O 385 Property Damage
Product Liability
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
O 610 Agriculture
O 620 Other Food & Drug
O 625 Drug Related Seizure
of Property 21 USC 881
O 630 Liquor Laws
O 640 R.R. & Truck
O 650 Airline Regs.
O 660 Occupational
Safety/Health
O 690 Other
O 710 Fair Labor Standards
Act
O 720 Labor/Mgmt. Relations
O 730 Labor/Mgmt.Reporting
& Disclosure Act
O 740 Railway Labor Act
O 790 Other Labor Litigation
O 791 Empl. Ret. Inc.
Security Act
O 463 Habeas Corpus -
Alien Detainee
O 465 Other Immigration
Actions
O 400 State Reapportionment
O 410 Antitrust
O 430 Banks and Banking
O 450 Commerce
O 460 Deportation
O 470 Racketeer Influenced and
Corrupt Organizations
N 480 Consumer Credit
O 490 Cable/Sat TV
O 810 Selective Service
O 850 Securities/Commodities/
Exchange
O 875 Customer Challenge
12 USC 3410
O 890 Other Statutory Actions
O 891 Agricultural Acts
O 892 Economic Stabilization Act
O 893 Environmental Matters
O 894 Energy Allocation Act
O 895 Freedom of Information
Act
O 900Appeal of Fee Determination
Under Equal Access
to Justice
O 950 Constitutionality of
State Statutes
V. ORIGIN (Place an "X" in One Box Only) Ap t0 District
6D l Original ® 2 Removed from O 3 Remanded from O 4 Reinstated or O 5 anTransferred fro other districtm C3 6 Multidistrict O 7 Magistrate
Proceeding State Court Appellate Court Reopened (st>ecify) Litigation Judgment
VI. CAUSE OF ACTION
O 422 Appeal 28 USC 158
O 423 Withdrawal
28 USC 157
O 820 Copyrights
O 830 Patent
O 840 Trademark
O 861 HIA (1395ff)
O 862 Black Lung (923)
O 863 DIWC/DIWW (405(8))
O 864 SSID Title XVI
O 865 RSI (405(a))
or Defendant)
O 871 IRS-Third Party
26 USC 7609
CiIC tb I SCCiji bS t of see which you are filing (Do not cite jurisdictional statutes unless diversity):
description of cause:
load violation of FDCPA
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION DEMANDS
UNDER F.R.C.P. 23
CHECK YES only if demanded in complaint:
JURY DEMAND: O Yes O No
VIII. RELATED CASE(S)
IF ANY (See instructions): JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
11/19/2008 FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
JS 44 Reverse (Rev. 12/07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET 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:
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
I 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 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.
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: na0?u nor?zed 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 ajury 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.