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HomeMy WebLinkAbout08-6488 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Aimee Rasheed, ?`v; `??M Plaintiff, Civil Action No.: V. Focus Receivables Mgt., LLC Defendant. NOTICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD 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 Corte tomara medidas y puede entrar una orden contra usted sin previo av.iso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAD00 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Aimee Rasheed, Plaintiff, V. Focus Receivables Mgt., LLC Civil Action No.: 08- 4 y 41p C,ta? j T-.. 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. 3 4 5 6. 7. 8 9 Defendant is a business entity engaged in the business of collecting consumer debts in this Commonwealth with a mailing address 8306 Laurel Fair Circle, Suite 200, Tampa, Florida, 33610. Plaintiff is a consumer and a resident of Central Pennsylvania. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). On or about October 2008, agents of the Defendant contacted Plaintiff and by telephone. Defendant contacted Plaintiff at her place of employment, even though Plaintiff advised the Defendant that she could not receive calls at work. The Defendant informed Plaintiff that an involuntary restitution had been filed against her and unless she paid the balance immediately, they would collect the involuntary restitution against her in local court. Plaintiff believed that something would be filed against her in local court and sent to her at her place of employment. Defendant further stated that they were charging interest and that every month, the amount of the alleged debt would substantially increase. 10. Plaintiff has no contract or other written agreement to pay interest to any of the named Defendant. 11. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged debt. 12. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 13. Plaintiff disputed the alleged debt. 14. Defendant offered Plaintiff a settlement despite being told that the debt was in dispute. 15. Plaintiff believes and therefore avers that making a settlement offer and threatening involuntary restitution is a prelude to litigation and as such, Plaintiff believed that litigation was imminent. 16. Defendant rarely, if ever, files suit against consumer debtors as such, any inference of litigation is a violation of the FDCPA. 17. 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), 303.3(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 Plaintiffs 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 Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. COUNT II - FAIR DEBT COLLECTION PRACTICES ACT 7. Plaintiff hereby incorporates the foregoing as if fully 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. §731 l(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 1692e(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. § 1692d(6) by making telephone calls without disclosing his/her identity. 31. Defendants violated 15 U.S.C. § 1692c(a)(3) by communicating with the consumer at his/her place of employment, despite being told that such phone calls were prohibited. 32. 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.3d 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. Dated:10/31/08 y o By: /s eanna L nn Saracc Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com statutory, actual, treble and punitive dam s n attorney's fees and costs. r ? ?4> - CD ) =< 0 I 5 Case 3:02-at-06000 Document 1170 Filed 12/05/2008 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AIMEE RASHEED, Plaintiff V. FOCUS RECEIVABLES MGT., LLC, Defendant CIVIL ACTION NO. 013 - lug8 JURY TRIAL DEMANDED NOTICE OF REMOVAL Defendant FOCUS RECEIVABLES MGT., LLC, (hereinafter referred to as "Focus"), by its undersigned counsel, hereby petition this Court as follows, pursuant to 28 U.S.C. § 1441(b): 1. Focus is a defendant in an action pending in the Pennsylvania Court of Common Pleas for Cumberland County, Civil No. 08-6488 ("the State Court Action"). Focus received a copy of the Complaint on or about November 5, 2008. A true and correct copy of the Complaint in the State Court Action is attached hereto as Exhibit "A". 2. Plaintiff in the State Court Action is Aimee Rasheed. See Exhibit "A". 3. Plaintiff's State Court Action alleges violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. 4. The State Court Action involves a 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." 5. Since this case arises out of an alleged violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., this Court may properly remove the State Court Action based on 28 U.S.C. § 1441(b). 6. This Notice has been filed with the Court within thirty (30) days after purported service of the Complaint on defendant Focus. 100185016;vI) Case 3:02-at-06000 Document 1170 Filed 12/05/2008 Page 2 of 3 WHEREFORE, defendant Focus Receivables Mgt., LLC, prays that the State Court Action be removed from the Pennsylvania Court of Common Pleas for Cumberland County, Civil No. 08-6488, to this Court for proper and just determination. FINEMAN KREKSTEIN & HARRIS, P.C. By /s/ Richard J. Perr RICHARD J. PERK, ESQUIRE (PA No. 72883) Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103-7513 (v) 215-893-9300; (f) 215-893-8719 e-mail: MerrAfinemanlawfirm.com Attorneys for Defendant Dated: December 5, 2008 {00185016;v 1 } 2 Case 3:02-at-06000 Document 1170 Filed 12/05/2008 Page 3 of 3 CERTIFICATE OF SERVICE I, RICHARD J. PERR, ESQUIRE, hereby certify that on this date I served a true and correct copy of the foregoing Notice of Removal electronically or by first class mail, postage prepaid, on the following: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 saraccolaw(a)aol.com Attorneys for Plaintiff Prothonotary of Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 /s/ Richard J. Perr RICHARD J. PERK, ESQUIRE Dated: December 5, 2008 (001 85016;v 1) 3 Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 1 of 9 EXHIBIT A Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 2 of 9 Nov. 18. 2008 8:21AM TRAVELERS 651-310-7911 No. 6112 P. 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PFNNSYLVANIA Aimee Rasheed, Plaintiff, Civil Action No.: 0$ - ??{$$ 0,;v .1 L ar" V. Focus Receivables Mgt., LLC Defendant. - ' NOTICE JO.PLEAD TO THE #aEFENDANT NAMED HEREIN You have been sued in court. If you wish to defend:igaiast •irri the claims set forth' in the fpllowing pages, you must ta)(4 a¢bioin within twenty (20) days after this Complaint is served, ay entering a written appearance parsonalAy or by attorney and filing in writing with the court your defenses or objections Lo .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 032 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 Le ban demandado a a8?ed an la torte. 4i us=ed quire defenderse de "es:as demandas expuetas en as vaginas s=quientes, usted tiene vienta (20) ' Bias de plazo al partir de la•zfer-ha de la exorits o an oersor-e o por abogado y arcyi;gar ern la torte an forma excri,a sus de,ersas o sus obaectiones a lzs demande, 2a co rte tomara mad_das y puedo entra_ -za Dram: concra ssted sin previo aviso`r!otificaciort y por cualquier•queja all-vio o:js as padido en la peticion de dentanda. ;.`stod puede perder -tinero o s.:s propi_;dades o otros derechos Impox--ar:tos pare usted. LLEVE ESTA VE,MANOP- A CA ABOGARO 1MMEDTTATP.MZNTE. S1 NO TIENE ABOC.aOOC} ST NO TIE!vE EL CTNERA SaFiCI3tv?'° OE 9A3A?i TRi SERVICO:J, VA'A r,N PERSONA 0 L LAME ?7R T•-I.EtOW A LA OFICINA C?YA DIRECCIO:3 &E :') JECONS?'?OIR ASTSTENCT_A LEGAL,. Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 3 of 9 Nov.18. 2008 8:22AM TRAVELERS 651-310-7911 No.6112 P. 4 IN THE COURT" OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Aimee Rasheed, Plaintiff, Civil Action No., V. Focus Receivables Mgt., LLC Defendant. COMPLAINT GENERAL ALLEGATIONS I . 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 8'06 Laurel Fair Circle. Suite 200, 'T'ampa, Florida, 33610- J. Plaintiff is a consumer and a resident of Central Pennsylvania. 4. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvana FCF..U, 73 P.S. §2270.4(x), 5. On or about 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 worts. 7. The Defendant informed Plaintiff that an involuntary restitution had been -filed against her and unless she paid the balance immediately, they woWd collect the involuntary restitution against her in local court. 8. Plaintiff' believed that something would be filed against her in local court and sent to her i at her place of employment. 9. Defendant further stated that they were charging interest and that every month, the r Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 4 of 9 Nov, 18. 2008 8:22AM TRAVELERS 651-310-1911 No, 6112 P. 5 amount of the alleged debt would substantially increase. 10. Plaintiff has no contract or other written agreement to pay interest to any of the named Defendant. 11. Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore, unlawfully attempting to collect the alleged dcbt. 12. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pewtsylvania law, 13. Plaintiff disputed the alleged debt. 14, Defendant offered Plaintiffa settlement despite being told that the debt was in dispute. 15. Plaintiff believes and therefore avers tbat making a settlement offer and threatening involuntary restitution is a prelude to litigation and as such. Plaintiff believed that litigation was imminent. 16. Defendant rarely, if ever, files suit against consumer debtors as such, any inference of litigation is a violation of the FDCPA. 17, Plaintiff disputes the alleged debt and hereby requests prooi'of the manner in which the alleged debt was calculated, as is required by state and federal law. COUNT I - PENNRVLVAN AI FAIR CREDIT EXTI~N51ON UNIFORMITY ACT 1. PtaintifChereby uzcorporates 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 sea. • 3. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. §2270.4(a). Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 5 of 9 Nov.18. 2008 8:22AM TRAVELERS 651-310-1911 No. 6112 P. 6 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 of37 Pa.Code §§303.3(3), 303.3(14), 303.3(15), 303.6 and 73 P.S. §201-2(4). 5. Defendant's acts as described herein wore done with malicious. intentional, willful, reckless, negligent. and wantort 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 inquests that this Honorable Court issue judgment on Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. OL7h''t ?l< ),A[R DCST COLLEMQN 1?l??CTIC ES ACT 7. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 81 Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, ) 5 U .S.C. §1692, et seq. (""CPA"), particularly 15 U.S.C. $1692k(d) and 28 U.S.C. §1337. 9. Venue ties 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 13.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 tol R Pa.C.S. §7311(a)()) and (2). 12. Plaintiff believes and therefore avers that defendant does not have proper assignments Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 6 of 9 . Nov. 18. 2008 8:22AM TRAVELERS 651-310-7911 No. 6112 P. 7 and/or documentation permitting said defendants to charge interest, fees and/or costs. 18 Pa.C.S. §73112(bxl)_ 13. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. § 1692,n. 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 i FDCPA, IS U.S.C. § 1692f(l) and 1692e(2)A and S. 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 irnniinence of leU?2l 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. ¦ Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 7 of 9 Nov. 18. 2008 8:22AM TRAVELERS 651-310-7911 No. 6112 P. 8 22. Defetdants violated l5 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, thu.Q 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 G.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 tune barred debt. 27. Defendants violated 15 U.S.C. § 1692f,"by drreatening 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(3) by causing the phone to ring and engaging the l I ' constuner in repeated conversations. i 30, Defendants violated 15 U.S.C. §1692d(6) by making telephone calls without disclosing his/her identity. 31. Defendants violated 15 U.S.C_ § 1692b(a)(3) by communicating with the consumer at his/her place of employment. despite being told that such phone calls were prohibited. 32. 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 t5 tJ.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.. Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 8 of 9 Nov, 18. 2008 8:22AM TRAVELERS 651-910-7911 No. 6112 P..9 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. 16928. 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. Scntly Y Great Ual:es Collection ?urea? , 6 F.3d 62 (2d Cie. 1998). See also, 15 U.S.C. §1692c(5), 15 U.S.C. §i692e(l0). 38. At all bike 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 titres pertinent hereto, the conduct of defendant as well as their agents, servants, and/or employees, was malicious. intentional, willful, reckless. negligent and to wanton disregard for federal and state law and the rights of the Plaintiff herein. 40. cases demonstrates that the conduct of The above mentioned acts with supportit-if defendants rises to the level needed for punitive damages. 41. Defendant, in its collection efforts, violated the FDCPA, inter atia, Sections 1692, b, c, d, e, f, g, h, and/dr n. 42. Defendant, in its collection efforts. used false or deceptive acts and intended to oppress and harass plaintiff. Case 3:02-at-06000 Document 1170-2 Filed 12/05/2008 Page 9 of 9 Nov.18. 2008 8:23AM TRAVELERS 551-310-7911 No. 6112 P. 10 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 respeetfully.requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order: (A) Award Plaintiff statutory dmnages in the amount of One Thousand Dollars ($1,000.00) for each violation of the i+DCPA or each separate and discrete incident in which defendants have violated the PDCPA. k {B) Award Plaintiff general damages and punitive damages for anxiety, harassment,- and intimidation directed at Plaintiff in an amount not less than Teti Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form fetters. 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 dam s attorney's fees and costs. --- is Lvnn Saracen Dated: 10/31/08 By. Deanna Lynn Saxacco, Attorney for Plaintiff 76 Orcetnmont Drive. Enola., PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw•:w•aol.com Case 3:02-at-06000 Document 1170-3 Filed 12/05/2008 Page 1 of 1 JS 44 (Rev. 07/89) CIVIL COVER SHEET The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings 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. (SEE INSTRUCTIONS ON THE REVERSE OF THIS FORM.) I (a) PLAINTIFFS DEFENDANTS AIMEE RASHEED FOCUS RECEIVABLES MGT., LLC (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Cumberland (EXCEPT IN U.S. PLAINTIFF CASES) COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED C ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) AI I UKIVCTJ tlr r NUVVrvj Deanna Lynn Saracco, Esquire Richard J. Perr, Esquire 76 Greenmont Drive Fineman Krekstein & Harris, P.C. Enola, PA 17025 1735 Market Street, Suite 600, Philadelphia, PA 19103 (v) 717-732-3750; (? 17-728-9498 (v) 215-893-8724; (f) 215-893-8719 r-aa„ll ..,._--- I ...r,,,.I ,,... EMAIL: rDerrl@finemanlawfirm.com II. BASIS OF JURISDICTION ? 1 U.S. GOVERNMENT Plaintiff ? 2 U.S. GOVERNMENT Defendant (PLACE AN X IN ONE BOX ONLY) ® 3 FEDERAL QUESTION (U.S. Government Not a Party) ? 4 DIVERSITY (Indicate Citizenship of Parties In Item III) 111. C ITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN X IN ONE BOX (For Diversity Cases Only) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) PTF DEF PTF DEF Citizen of This State ? 1 ? 1 Incorporated or Principal Place ? 4 ? 4 of Business In This State Citizen of Another State ? 2 ? 2 Incorporated and Principal Place ? 5 ? 5 of Business In Another State Citizen or Subject of a ? 3 ? 3 Foreign Nation ? 6 ? 6 Foreign Country IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. V NOTI IRF OF SUIT !PI ACE AN X IN ONE BOX ONLY) CONTRACT TORTS FORFEITUREIPENALTY BANKRUPTCY OTHER STATUTES 0 110 Insurance PERSONAL INJURY PERSONAL INJURY O 610 Agriculture 0 620 Other Food b Drug O 422 Appeal 28 USC 158 ? 400 stale Reapportionment 0 120 Marine 0 1 30 Miller Act 382 Personal Injury- p ersonal Injury- ?310 Airplare 625 Drug Related Seizure of 0 0 423 Withdrawal 0 410 Antitrust 17 140 Negotiable Instrument 13315 Airplane Product Med Malpractice l I P Property 21 USC 881 28 USC 157 0 430 Banks and Banking 0 150 Recovery of Overpayment ersona njury- Liability 13 365 0 320 Assault, Libel B Product Liability 0 630 Liquor Lawn 0 640 R.R. 8 Truck PROPERTY RIGHTS 0 450 Commerce/ICC Ralseetc. 0 460 Deportation 8 Enforcement of Slander [1368 Asbestos Personal 0 650 Airline Rags 0 820 Copyrights 0 470 Racketeer Influenced and Judgment 0 151 Medicare Act 0 330 Federal Employers' Injury Product 0 660 Occupational 0 B30 Patent Corrupt Organizations 0 152 Recovery of Defaulted Liability Liability Safety/Health 840 Trademark 0 0 810 Selective Service difil / i /C student Loans V 0 340 Marine PERSONAL PROPERTY 0345 Marine Product 0 690 Other SOCIAL SECURITY ommo es 0 850 Secunt es Exchange eterans) (Excl. 0 153 Recovery of Overpayment Liability 0 370 Other Fraud 0 350 Motor Vehide 0 371 Truth in Lending 0 861 HIA (13951f) 0 875 Customer Challenge 12 USC 3410 of Veteran's Benefits E3 760 Slockholderi Suits 355 Motor Vehide 0 380 Other Personal 0 D LABOR 0 862 Black Lung (923) 0883 DNVCIDIVNN (405(9)) (38 1 Agriculture/ Acts [3 190 Other Contract amage product Liability Properly 0 385 Property Damage 0 710 Fair Labor Standards 0 860 SSID Title XVI 0 892 Economic Stabilization 0 195 Contract Product Liability 0 360 Other Personal Product Liability Injur Ad 0 865 RSI (405(8)) 0 893 Environmental Matters 0 894 Energy Allocation Act y p 720 Labor/Mgmt. f 0 895 F d Relations FEDERAL TAX SUITS ree om o Information Ad REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 730 Labor/Mgmt. Reporting 8 0 870 Taxes (U.S. Plaintiff or Defendant) 0 900 Appeal of Fee Determination Under Equal Access to 0 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate Disclosure Act 0 871 IRS-Third Party Justice 0 220 Foreclosure 0 442 Employment Sentence 0 740 Railway Labor 26 USC 7609 0 950 Constitutionality of 0 230 Rent Lease 8 Ejectment 0 443 Housing/ Habeas Corpus: Ad State Statutes O 240 Torts to Land Accommodations 0 530 General 0 790 Other Labor 0890 Other Statutory O 245 Ton Product Liability 0 444 Welfare 0 535 Death Penalty Litigation Actions 0 290 Ail Other Real Property 0 440 Other Civil Rights 0 540 Mandamus 8 Other 0 791 Empl. Rat. Inc. 0 550 Other Security Act VI. ORIGIN (PLACE AND X IN ONE BOX ONLY) ? 1 Original ® 2 Removed from ? 3 Remanded from ? 4 Reinstated or ? 5 Transferred from ? 6 Multidistrict ? 7 Appeal to District Proceeding State Court Appellate Court Reopened another district Litigation Judge from (specify) Magistrate VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ Check YES only if demanded in complaint: COMPLAINT: ? UNDER F.R.C.P. 23 JURY DEMAND: ®YES ? NO Vlll. RELATED CASES(S) (See instructions): IF ANY NONE JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD December 5, 2008 S/Richard J. Perr, Esquire UNITED STATES DISTRICT COURT 100185019;vl) Fri Y ? p > RICHARD J. PERK, ESQUIRE e-mail: rperrgfinemanlawfirm.com Attorney I.D. PA 72883 FINEMAN KREKSTEIN & HARRIS, P.C. 1735 Market Street, Suite 600 Philadelphia, PA 19103-4005 (v) 215-893-9300; (f) 215-893-8719 Attorneys for Defendant Focus Receivables Mgt., LLC AIMEE RASHEED, Plaintiff V. FOCUS RECEIVABLES MGT., LLC, Defendant COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION NO. 08-6488 PRAECIPE OF NOTICE OF REMOVAL You are directed to take notice that the above action has been removed to the United States District Court for the Middle District of Pennsylvania at 1:08-cv-02195-CCC-JAS, pursuant to the attached Notice of Removal filed with the Clerk of the United States District Court for the Middle District of Pennsylvania on December 5, 2008. A copy of the Notice of Removal is attached hereto as Exhibit 1. FINEMAN KREKSTEIN & HARRIS, P.C. By RICHARD J. PERK, SQUIRE Attorneys for Defendant Dated: December 8, 2008 {00185028;v 1 } CERTIFICATE OF SERVICE I, RICHARD J. PERK, ESQUIRE, hereby certify that on this date I served a true and correct copy of the foregoing Praecipe of Notice of Removal electronically or by first class mail, postage prepaid, on the following: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 (v) 717-732-3750; (f) 717-728-9498 saraccolawnaol.com Attorneys for Plaintiff U L( RICHARD J. RR, ESQUIRE Dated: December 8, 2008 {00185028;v 1 } EXHIBIT 1 Farrell Macklin From: PAM DEfilingstat@pamd.uscourts.gov Sent: Monday, December 08, 2008 11:20 AM To: pamd_ecf_nef@pamd.uscourts.gov Subject: Activity in Case 1:08-cv-02195-CCC-JAS v. Focus Receivables Mgt., LLC Notice of Removal This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. United States District Court Middle District of Pennsylvania Notice of Electronic Filing The following transaction was entered on 12/8/2008 at 11:19 AM EST and filed on 12/5/2008 Case Name: v. Focus Receivables Mgt., LLC Case Number: 1:08-cv-2195 Filer: Focus Receivables Mgt., LLC Document Number: I Docket Text: NOTICE OF REMOVAL by Focus Receivables Mgt., LLC from Cumberland County Court, Case Number 08-6488. (Filing fee $ 350 receipt number 1448302); jury trial demanded. (Attachments: # (1) Exhibit(s) A, # (2) Civil Cover Sheet)(jc) 1:08-cv-2195 Notice has been electronically mailed to: Deanna Lynn Saracco saraccolaw@aol.com, saraccolaw@msn.com Richard J. Perr rperr@finemanlawfirm.com 1:08-ev-2195 Filer will deliver notice by other means to:: The following document(s) are associated with this transaction: Document description: Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecf5tamp_ID=1027698419 [Date= 12/8/2008] [FileNumbei=2183509-0 ][ac40f7cO7de82bc33Od5alff7cb34d2O9a2b45de96400067d78e94463fefa6le3b9 15390e6fcf7Old2c55Oe940645b7cO4lccea7e8b4843fUe47e2348ca5l493]] Document description: Exhibit(s) A 12/8/2008 Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date= 12/8/2008] [FileNumber=2183509-1 ][268bd456af9e09bOfda4c4be7323f25d6fcd4b6aee67f9bb34da48c8ll74868f3a8 6ccf417e2d2b3 d64ef4fe 19b 17d4be0fc0046689c6d085c5f482669b03 6a9] ] Document description: Civil Cover Sheet Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date= 12/8/2008] [FileNumber=2183509-2 ][43f2f997603809b934271448880f378f8be6e886f81415afb55bd04dac24bl85457 98040baae7142e32efba69ca09f45e264c8810367a12db8086a8994997c5a]] 12/8/2008 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AIMEE RASHEED, CIVIL ACTION Plaintiff V. NO. FOCUS RECEIVABLES MGT., LLC, Defendant JURY TRIAL DEMANDED NOTICE OF REMOVAL Defendant FOCUS RECEIVABLES MGT., LLC, (hereinafter referred to as "Focus"), by its undersigned counsel, hereby petition this Court as follows, pursuant to 28 U.S.C. § 1441(b): 1. Focus is a defendant in an action pending in the Pennsylvania Court of Common Pleas for Cumberland County, Civil No. 08-6488 ("the State Court Action"). Focus received a copy of the Complaint on or about November 5, 2008. A true and correct copy of the Complaint in the State Court Action is attached hereto as Exhibit "A". 2. Plaintiff in the State Court Action is Aimee Rasheed. See Exhibit "A". 3. Plaintiff's State Court Action alleges violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. 4. The State Court Action involves a 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." 5. Since this case arises out of an alleged violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., this Court may properly remove the State Court Action based on 28 U.S.C. § 1441(b). 6. This Notice has been filed with the Court within thirty (30) days after purported service of the Complaint on defendant Focus. {00185016;v1} WHEREFORE, defendant Focus Receivables Mgt., LLC, prays that the State Court Action be removed from the Pennsylvania Court of Common Pleas for Cumberland County, Civil No. 08-6488, to this Court for proper and just determination. FINEMAN KREKSTEIN & HARRIS, P.C. By /s/ Richard J. Perr RICHARD J. PERK, ESQUIRE (PA No. 72883) Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103-7513 (v) 215-893-9300; (f) 215-893-8719 e-mail: We.rrODfinemanlawfirin.com Attorneys for Defendant Dated: December 5, 2008 {00185016;vi}2 CERTIFICATE OF SERVICE I, RICHARD J. PERK, ESQUIRE, hereby certify that on this date I served a true and correct copy of the foregoing Notice of Removal electronically or by first class mail, postage prepaid, on the following: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 saraccolawaaol.com Attorneys for Plaintiff Prothonotary of Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 /s/ Richard J. Perr RICHARD J. PERK, ESQUIRE Dated: December 5, 2008 (00185016;v1)3 EXHIBIT A Nov.18. 2008 8:21AM TRAVELERS 651-310-7911 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PFNNSYLVANiA Aimee Rasheed, Plaintiff, V. Focus Receivables Mgt., LLC No. 6112 P. 3 Civil Action No.: C8 - tpg8% Defendant. NOTICE TO PLEAD C R -1 TO THE Dpi",ANT NA1$ED HEREIN • ?" '?' c? You have been sued in court. If you wish to defend %gaiyzst?,t`?` the claims set forth-in the following pages, you must taK? a¢?io? within twenty (20) dmya 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 prgceed 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 ?SAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO Olt TELEPHONE TRR OFFICE SET FORTH BELOW TO FIND OUT'WHERE YOU CAN. GST LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 1»800-990-9108, 717-249-3166 ', - k?0'kICSA Le ban demandado a asted en in carte. Si usted quire defenderse de es.as demandas expuetas en !as oeginas s'quienres, usted tiene ;riante (20) dies de plazo al partir de :a-fec:ha de la exorita o en persona c por abogado y archivar en la core an forma excrita sus defe:;aaa s sus objeclionas a las damande, ?a carte tomara Ted-das y puedo enzrar una, ordrn Contra asc:ed sin previo aviso o notification y pot cua1quifsr -;usja a al'ivio alie es pedido en 3a petition de detmanda. ustod puede pe_der 4inero o saa propi^dades o otros derechos importantse pare usted. LLEVE ESTA V M NDA A UN ABOGADO 1WMZ.D-TATAMZNT.E. 91 NO TIENE ABOGAD00 ST y NO TIENE EL DINERO SUFTCIE•b"_"E' DE FAGAR TAL SERVICION, •IAYA FN P-RSONA 0 LL7fs+9E ?0R TE..EF1:O A L•A OFICINA CUYA DIMXCION SE °3oDEC0NSE'^s9IR ASTSTENCIP. LEGAL. Nov,18. 2008 8:22AM TRAVELERS 651-310-1911 No.6112 P. 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Aimee Rasheed, Plaintiff, Civil Action No., V. Focus Receivables Mgt., LLC 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 8306 Laurel Fair Circle, Suite 200, "Pampa, Florida, 3 )3610. 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 FCF,U, 73 P.S. §2270.4(x). ?. On or about 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 tbAt she could not receive calls at work. 7. The Defendant informed Plaintiff that an involuntary restitution had been -filed against her and unless she paid the balance immediately, they would collect the involuntary restitution against her in local court. 8. Plaintiff believed that something would be filed against her in local court and sent to her i at her place of employment. I 9. Defendant further stated that they were charging interest and that every month, the Nov.18. 2008 8:22AM TRAVELERS 651-310-1411 No. 6112 P. 5 amount of the alleged debt would substantially increase. 10. Plaintiff has no contract or other written agreement to pay interest to any of the named Defendant. I t . Plaintiff believes and therefore avers that Defendant does not have a valid assignment and is therefore. unlawfully attempting to collect the alleged debt. 12. Plaintiff believes and therefore avers that Defendant added interest to the alleged debt, in violation of Pennsylvania law. 13. Plaintiff disputed the alleged debt. 14. Defendant offered Plaintiffa settlement despite being told that the debt was in dispute. 15. Plaintiff believes and therefore avers that making a settlement offer and threatening involuntary restitution is a prelude to litigation and as such. Plaintiff believed that litigation was itntuirtent. 16. Defendant rarely, if ever, files suit against consumer debtors as such, any inference of litigation is a violation of the FDCPA. 17, Plaintiff disputes the alleged debt and hereby requests prool`of the manner in which the alleged debt was calculated, as is required by state and federal law. COUNT I - MNSYLVANIA_ FAIR CE?D1 EXTENSION UNIFORMITY ACT 1. Plaintiffhereby incorporates the foregoing as if fully stated herein. 21 Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 ct seq. 3. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P.S. $2270.4(a). Nov.18. 2008 8:22AM TRAVELERS 651-310-7911 No. 6112 P. 6 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 of37 Pa.Code §§303.3(3), 303.3(I4), 303.3(18), 303.6 and 73 P.S. §201-2(4). 5. Defendant's acts as described herein wore 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. COC'i' L AIR DEBT COLLECTION PRACTICES ACT 7. Plaintiff hereby incorporates the foregoing as if fully sot forth herein. 8. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692, et seq. ("MCPA'I, particularly 15 U.S.C. §1692k(d) and 28 U.S.G. §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 US.C. § 1692n. 11. Plaintiff believes and therefore avers that defendant does not have proper assignment of the claim, and is thereforc, 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 Nov.16. 2008 8:22AM 13 14 15. 16. 17 t8. 19. 20. 21 TRAVELERS 651-310-7911 No.6112 P. 7 and/or documentation permitting said defendants to charge interest, fees and/or costs. 18 Pa.C.S. §73112(bxl). 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. Plaintiff believes and therefore avers that defendant added interest, fees'and costs in violation of state and federal law. Defenduttt in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.C. §1692f(1) and 16920(2)A and S. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents. The FDCPA states, a debt collector may not use unfair or unoonsc:ionable means to collect or attempt to collect any debt. 15 U.S.C. § 1692f. Defendant violated this section of the FDCPA. The Defendants violated 15 U.S.C. § 1692c(b) by contacting a third patty, without the Plaintiffs prior consent. The Defendants violated 15 U.S.C. § 1692e(2XA), (5) and (10) by misrepresenting the imminence of Iegal action by Defendants. The Defendants violated 15 U.S.C. § 1692c by contacting the Plaintiff alter the Plaintiff had requested the Defendants cease communication with the Plaintiff. The Defendants violated 15 U.S.C. §l69??e(l 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. Nov. 18. 2008 8:22AM TRAVELERS 651-310-7911 No. 6112 P. 8 22. Defendants violated 15 U.S.C. §16928, 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 implyin& during the course of the conversation, that the consumer was in "trouble with the law," and/or "committed fraud." 25. Defendants violated 15 SU.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 tune 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 constumer in repeated conversations. 30. Defendants violated 15 L.S.C. 41692d(6) by making telephone calls without disclosing his/her identity. 31. Defendants violated 15 U.S.C. §1692c(a)(3) by communicating with the consumer at his/her place of employment. despite being told that such phone calls were prohibited. 32. Defendants violated 15 U.S.C. §1 692b(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 Plaintifff. Nov,18. 2008 8:22AM TRAVELERS 651-310-7911 No. 6112 P. 9 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. §1692p(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. § 1692&. Defendant violated this section of the FDCPA. 37. Arty threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Hently v. Great [,a1-es &11=don R,?rea6 F.3d 62 (2d Cie. 1998). See also, 15 U.S.C. §1692c(5), 15 U.S.C. §I692e(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. s9. 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, in1dr ilia. Sections 1692, b, c, d, e, f, g, h, mid/dr n, 42. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. Nov. 18. 2008 8:23AM TRAVELERS 651-310-7911 No,6112 P. 10 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 compensagon is sought. WHEREFORE, Plaintiffrespeetfitlly.requests chat his Honorable Court enter judgment for PWntiff and against defendant and issue an Order. (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) fvx 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 Plaintiffs attorney in vindicating his tights under the FDCPA, permitted by 1.5 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 dant s attorney's fees and costs, Dared:l0/31/08 By: i. nna v Ln?g n Deanna Lynn Sa;acco, Attorney for Plaintiff 76 Greenmont Drive. Enola, PA 17025 Telephone 717-732.3750 Fax 717-728-9498 Email: SaraccoLiLw.@aol.com r JS 44 (Rev. 07189) CIVIL COVER SHEET The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings 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. (SEE INSTRUCTIONS ON THE REVERSE OF THIS FORM.) I (a) PLAINTIFFS DEFENDANTS AIMEE RASHEED FOCUS RECEIVABLES MGT., LLC (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Cumberland COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 (v) 717-732-3750; (fl 17-728-9498 II. BASIS OF JURISDICTION ? 1 U.S. GOVERNMENT Plaintiff ? 2 U.S. GOVERNMENT Defendant Richard J. Perr, Esquire Fineman Krekstein & Harris, P.C. 1735 Market Street, Suite 600, Philadelphia, PA 19103 (v) 215-893-8724; (17 21 5-893-871 9 (PLACE AN X IN ONE BOX ONLY) N 3 FEDERAL QUESTION (U.S. Government Not a Party) ? 4 DIVERSITY (Indicate Citizenship of Parties in Item III) 111. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN X IN ONE BOX (For Diversity Cases Only) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) PTF DEF Citizen of This State ? 1 ? 1 Citizen of Another State ? 2 ? 2 Citizen or Subject of a ? 3 ? 3 Foreign Country PTF DEF Incorporated or Principal Place ? 4 ? 4 of Business in This State Incorporated and Principal Place ? 5 ? 5 of Business in Another State Foreign Nation ? 6 ? 6 IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) CONTRACT TORTS FORFEITUREIPENALTY BANKRUPTCY OTHER STATUTES 0 110 msurance PERSONAL INJURY PERSONAL INJURY 0 sio Agrisuture 0 422 Appeal O 400 state 0 120 Marine 0 130 Miller Ad 0 310 Airplane p 362 Personal Injury- O 620 Other Food It Drug O s25 Drug Related Ssiaure of 28 USC 158 O 423 Withdrewal Reapportionment O 410 Antitrust 014" Negotiable Instrument 0 150 Re r f O t 0 315 Airplane Product Mod Malpractice Liability 0 365 Personal Injury- Property 21 USC, 881 28 USC 157 O 430 Banks and Banking y o verpaymen cove b Enforcement of [3 320 Acsaauh, Libel a Product Liability Slander E3 368 Asb lo P l 0 630 R.R. Laws D 640 R.R.R & Truck PROPERTY RIGHTS 0 450 Commerce/ICC Rates/sic. 0 460 Deponafion Judgment ersona es s [3 330 Federal Employers' Injury Product O 660 Aiding Rege O 820 Copyrights D 470 Racketeer Influenced and 0 151 Medicare Act O ,151 Recover of Defaulted Liability L?ebipty O 660 Occupational O 830 30 Patent g aNu ion Cortupl Orgeruralions y Student Loans 0 340 Marine PERSONAL PROPERTY SafetyMealth O 840 Trademark O 810 Selective Service 345 Marine Product 0 690 Otter SOCIAL SECURIT 0 850 Secumles/Commoditiiev (Exd. Veterans) Liability 0 370 Other Freud Y Exdumge 0 153 Recovery of Overpayment f V an' Be t fit 0 350 Motor Vehicle O 371 Troth in Lending O 861 HIA (13951 ? 875 Customer Chaeenge o e er s ne s 0 160 Slockhold .. Suite 0 355 Motor Vehicle 0 380 Other Personal Property Dama e Product Liabilit LABOR 0 862 Black Long (923) 0 863 DIWC/DIW W (405(g)) 12 USC 3410 0 891 Agricultural Ads 0 190 Other Contract 0 195 Contract Product Liebtiby g y ? 360 Other Personal 0 385 Property Damage P 0 710 Fair Labor Slardards Act E2 864 SSID Title XVI 0 865 RSI (4D5(g)) 0 592 Economic Slabilmation 0 893 Environmental Matters Injury roduct Liability 0 720 Labo/Mgml. 0 894 Energy Allocation Ad Relations FEDERAL TAX SUITS l7 695 Information Act REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 730 Labor/Mgmt. 0 8711 Taxes (us. Plaintiff 0 900 Appeal of Fee Determination 0 210 Lard Condemnation O 441 Voting 0 510 Motions to Vacate Reporting & Disclosure Ad or Defendant) 0 871 IRS-Third Party Under Equal Access to Justice 0 220 Foreclosure 0 230 Renl Leese It Ejectment C3 442 Employment 0 443 Housing( Sentence Habeas Corpus: C 740 Ralway Labor 26 USC 7609 0 950 Constitutionality of 0 240 Torts to Land Accommodations 0 530 General Act 0 790 Other Labor State Statutes ® ago other statutory Cl 245 Ton Product Liability 0 444 Welfare 0 535 Death Penalty Litigation Actions 0 290 Al Ogler Real Property ? 440 Other Civil Rights 0540 Mandamus & Other 0791 Empl. Rel. Inc. 13 550 Other Security Ad vl. VKlUIN (PLACE AND X IN ONE BOX ONLY) ? 1 Original ® 2 Removed from ? 3 Remanded from ? 4 Reinstated or ? 5 Transferred from ? 6 Multidistrict ? 7 Appeal to District Proceeding State Court Appellate Court Reopened another district Litigation Judge from (specify) Magistrate Judgment VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ Check YES only if demanded in complaint: COMPLAINT: ? UNDER F.R.C.P. 23 JURY DEMAND: ®YES ? NO VIII. RELATED CASES(S) (See instructions): IF ANY NONE JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD December 5, 2008 S/Richard J. Perr, Esquire UNITED STATES DISTRICT COURT {00185019;vl) 1r.D N ["jM f 1 Fri 7C?