Loading...
HomeMy WebLinkAbout10-4958IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ROSEMARY FALCON a/k/a ROSEMARY COX ~ - a/k/a Rosemary Johnson ~'~' ~-~~~ ~` -- -~' ' 670 MARSHALL RD c fi_, r-- ~ ~- mo ' GLENMOORE PA 19343 - - o ~ On Behalf of Herself and Those Similarly ~ -' -e _ , Situated), ~ ~-- ~ ' Plaintiff ` - cA `:':~ ,. t~; Commercial Acceptance Company : 2 West Main Street Shiremanstown, PA 17011 : ~ ~ ~ lf~j'S~ ~~ and John Does 1-10 and Jury Trial Demanded XYZ Corporations Defendants PRECIPE TO ISSUE WRIT OF SUMMONS To: The Prothonotary: Kindly issue a writ of summons against the Defendants captioned above. Thank you. Vicki Piontek, Esquire Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw@justice.com Fax:866-408-6735 ~j ~ 2 ~ \ F~ Date - qa-oD Pd. ~~ X93 ~ ~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ROSEMARY FALCON a/k/a ROSEMARY COX a/k/a Rosemary Johnson 670 MARSHALL RD GLENMOORE PA 19343 (On Behalf of Herself and Those Similarly Situated), Plaintiff Vs. Commercial Acceptance Company . 2 West Main Street Shiremanstown, PA 17011 and /~ ~ ~~~~ John Does 1-10 and Jury Trial Demanded XYZ Corporations . Defendants WRIT OF SUMMONS TO: Consumer Portfolio Services, Inc 19500 Jamboree Road Irvine, CA 92612 and John Does 1-10 and X,Y,Z Corporations ~> You are notified that ROSEMARY FALCON a/k/a ROSEMARY COX a/k/a Rosemary Johnson has commenced an action against you. SEAL OF ~~~'-a9, aoi0 THE t onotary to v COURT By SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ~'~ ''~ ~~ Chief Deputy ~' ~~ °` Richard W Stewart ~~ ~~` ~' f' ~ ~ ~~~` ~ ~ p ~ ~~ Solicitor Fia~ ti~F rH6 ~~~~(rr , (mot, ~~ ` ~, Rosemary Fallon Case Number vs. 2010-4958 Commercial Acceptance Company SHERIFF'S RETURN OF SERVICE 08/11/2010 01:22 PM -William Cline, Corporal, who being duly sworn according to law, states that on August 11, 2010 at 1322 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Commerical Acceptance Company, by making known unto Eric Eperjesi, Office Manager for Commercial Acceptance Company at 2 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. ` V' ~~ ILLIAM CLINE, DEPUTY SHERIFF COST: $41.94 August 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci GountySuite Shenff. Teleosoft, hic. n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ROSEMARY FALLON a/k/a ROSEMARY COX a/k/a Rosemary Johnson N 670 MARSHALL RD GLENMOORE PA 19343 (On Behalf of Herself and Those Similarly Situated), ;!? Plaintiff Vs. 10 4958 Civil W Commercial Acceptance Company 2 West Main Street 3 Shiremanstown, PA 17011 and , John Does 1-10 -? and Jury Trial Demanded XYZ Corporations Defendant(s) NOTICE 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 THE COMPLAINT AND NOTICE ARE 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 YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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. Lawyer Referral Service Chester County Bar Association 15 West Gay Street P.O. Box 3191 West Chester PA 19381 610-429-1500 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ROSEMARY FALLON a/k/a ROSEMARY COX a/k/a Rosemary Johnson 670 MARSHALL RD GLENMOORE PA 19343 (On Behalf of Herself and Those Similarly Situated), Plaintiff vs. 10 4958 Civil Commercial Acceptance Company 2 West Main Street Shiremanstown, PA 17011 and John Does 1-10 and Jury Trial Demanded XYZ Corporations Defendant(s) COMPLAINT INTRODUCTION 1. This is a class action lawsuit for damages brought by an individual consumer for Defendant(s)' alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (hereinafter "FDCPA") 2. Plaintiff brings this action against Defendant(s) for engaging in a systematic scheme to deprive Pennsylvania Consumers of their rights under the FDCPA. 3. Defendant(s)' scheme involved, contacting consumers throughout Pennsylvania, and leaving a particular voicemail messages on said consumers' answering machines or voicemail messaging systems. The particular messages left by Defendants had the affect of violating the provisions of 15 USC 16918 of the FDCPA and by failing to meaningfully disclose the identity of the debt collector or the nature of the call. 4. The claims of Plaintiff and the Class are individual claims for violations of federal law described herein. 5. These claims arise from Defendant(s)' systematic unlawful collection activity against Pennsylvania consumers. 6. The named Plaintiff(s) are individual consumers who received a particular type of telephone voicemail message from Defendant while Defendant was attempting to collect on a consumer debt against Plaintiff. The voicemail message is described in this complaint. JURISDICTION AND VENUE 7. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint 8. Venue is proper in this county under Rule 2179 of the Pennsylvania Rules of Civil Procedure. Defendant(s) regularly transact(s) business throughout the Commonwealth of Pennsylvania. 9. Defendant obtains the benefit(s) of regularly transacting business in Chester County, Pennsylvania. 10. Venue is proper in this county under Rule 2179 of the Pennsylvania Rules of Civil Procedure. 11. Defendant transacts business throughout the Commonwealth of Pennsylvania. 12. The conduct complained of occurred in Cumberland County, Pennsylvania. 13. Plaintiff resides in Pennsylvania. 14. Defendant's principle place of business is located in Cumberland County, Pennsylvania. C. X,Y,Z Corporations, business identities whose identities are not know to Plaintiff at this time, but which will become known upon proper discovery. It is believed and averred that such entities played a substantial role in the commission of the acts described in this complaint. COUNT ONE: Violation of Fair Debt Collection Practices Act 15 USC 1692 et. seq. 18. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 19. Plaintiff is a consumer debtor as defined by the Fair Debt Collections Practices Act (FDCPA),15 USC 1692 et. Seq. 20. At all relevant times in this Complaint, Defendant(s) was / were acting as a debt collector(s) as defined by the FDCPA, 15 USC 1692 et. seq. 21. At all times mentioned herein, Defendant(s) was / were attempting to collect on an alleged consumer debt against Plaintiff. 22. Within the applicable statute of limitations prior to the commencement of this action, Defendant contacted Plaintiff by telephone and left one or more voicemail messages. "Rosemary Johnson this is Layla with the Commercial Acceptance Company. It is important that you return my phone call at 800- 690-3857. Extension 210 client reference here is: 571406. " 23. To prohibit harassment and abuses by debt collectors the FDCPA, at 15 U.S.C. § 1692d, provides that 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 and names a non-exhaustive list of certain per se violations of harassing and abusive collection conduct. 15 U.S.C. § 1692d(1)-(6). Among the per se violations prohibited by that section are: the placement of telephone calls without meaningful disclosure of the caller's identity, 15 U.S.C. § 1692d(6) 24. To prohibit deceptive practices, the FDCPA, at 15 U.S.C. § 1692e, outlaws the use of false, deceptive, and misleading collection letters and names a non-exhaustive list of certain per se violations of false and deceptive collection conduct. 15 U.S.C. § 1692e(1)- (16). Among these per se violations prohibited by that section are: the failure by debt collectors to disclose in initial oral communications that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, 15 U.S.C. § 1692e(11); and the failure by debt collectors to in subsequent oral communications with consumers that the communication is from a debt collector, 15 U.S.C. § 1692e(11). 25. The above referenced voicemail message(s) was / were a communication as defined by 15 USC 1692(a)(2). See Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d 643 (S.D.N.Y. 2006); INMAN v. NCO FINANCIAL SYSTEMS, INC, United States District Court for the Eastern District of Pennsylvania, Docket Number NO. 08-5866; Edwards v. NIAGARA CREDIT SOLUTIONS, INC., United States Court of Appeals for the Eleventh Circuit, Docket Number 08-17006. 26. At no time during the message(s) did Defendant disclose that the call was from a debt collector attempting to collect a debt, or that any information obtained by Defendant from Plaintiff would be used for that purpose. 27. The above referenced voicemail message(s) was a violation of 15 USC 1692 et. seq. because the telephone call was placed without disclosure that the calls was from a debt collector, and Defendant(s) failed to disclose the nature of the communication. See Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d 643 (S.D.N.Y. 2006); INMAN v. NCO FINANCIAL SYSTEMS, INC, United States District Court for the Eastern District of Pennsylvania, Docket Number NO. 08-5866; Edwards v. NIAGARA CREDIT SOLUTIONS, INC., United States Court of Appeals for the Eleventh Circuit, Docket Number 08-17006. LIABILITY 28. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 29. Defendant(s) is liable for the acts committed by its agents under the doctrine of respondeat superior because Defendant's agents were acting within the scope of their employment with Defendant. 30. In the alternative, Defendant(s) is liable for the conduct of its agents / employees under the theory of joint and several liability because Defendant and its agents / employees were engaged in a joint venture and were acting jointly and in concert. 31. Any mistake made by Defendant would have included a mistake of law. 32. Any mistake made by Defendant would not have been a reasonable or bona fide mistake. CLASS ALLEGATIONS 33. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 34. Plaintiff brings this case as a class action pursuant to Pennsylvania Rules of Civil Procedure 1701, et seq., on behalf of a Class consisting of members who meet the following criteria. a. Consumers within the meaning of the FDCPA. b. Residents of Pennsylvania at the time they received the same or a similar telephone voicemail message from Defendant, described in this complaint, c. Received the same or substantially similar telephone message(s) described in this complaint from Defendant(s) within the applicable period of limitations prior to the commencement of this action. 35. Excluded form the class are Defendant's employees. 36. Excluded from the class is Plaintiffs attorney. 37. Plaintiff reserves the right to redefine the class following discovery. 38. Plaintiff believes that there are several victims of Defendant(s) aforementioned collection activity, and that members of the Class are so numerous that joinder of all members is impractical. 39. Plaintiffs claims are typical of the claims of the Class members because they received the same type of collection telephone message from Defendant(s) that Plaintiff received from Defendant(s). 40. Plaintiff will fairly and adequately protect the interests of the Class members. Plaintiff has retained counsel competent and experienced in consumer law, and capable of familiarizing herself with class action litigation practice and procedure. 41. Common questions of law and fact exist as to all Class members and predominate over any questions solely affecting individual Class members. Among the questions of law and fact common to plaintiff and the Class are the following. a. Were the accounts referred to in the telephone messages left for Plaintiffs consumer debts as defined by the FDCPA? b. Are the Plaintiffs consumer debtors as defined by the FDCPA? c. Was / were Defendant(s) acting as a debt collector as defined by the FDCPA at the time that the telephone messages were left by Defendant? d. Was / were the telephone message(s) communications as defined by the FDCPA? e. Did the telephone message(s) sent to Plaintiff and other similarly situated Plaintiffs by Defendant(s) fail to meaningfully disclose the identity of the caller or the nature of the call? f. Did the telephone message(s) left by Defendant violate the FDCPA, 15 USC 1692 et. seq.? 42. Class action treatment is superior to the alternatives for the fair and efficient adjudication of the controversy alleged herein. Such treatment will permit a large number of similarly situated persons to prosecute their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would entail. 43. No difficulties are likely to be encountered in the management of this class action that would preclude its maintenance as a class action, and no superior alternative exists for the fair and efficient adjudication of this controversy. 44. The Class is readily identifiable from the Defendant(s)' records. 45. Prosecution of separate actions by individual members of the Class would create the risk of inconsistent or varying adjudications with respect to individual members of the Class that would establish incompatible standards of conduct for defendants. 46. A class action is superior to other available methods for the fair and efficient adjudication of this controversy since joinder of all members is impractical. 47. The amounts at stake for many of the Class members, while substantial, are not great enough to enable them to maintain separate suits against Defendant. 48. Without a class action, Defendant(s) will likely retain the benefit of its wrongdoing. 49. Without a class action, Defendant(s) will likely continue a course of action, which will result in further damages to Plaintiff and members of the Class. DAMAGES 5o. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 51. At least $1.00 actual damages for Plaintiff, including but not limited to phone, fax, stationary, postage, etc. 52. Actual damages for members of the class. 53. $1,000.00 statutory damages for the named Plaintiff as the class representative under the FDCPA 15 USC 1692k. 54. $1,000.00 statutory damages for each additional Plaintiff under the FDCPA 15 USC 1692k. 55. Plaintiff suffered some emotional distress as a result of Defendant's illegal collection activity in an amount to be determined at trial. ATTORNEY FEES 56. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 57. Plaintiff is entitled to attorney fees pursuant to 15 USC 1692 k, in the amount of $1,575.00 at a rate of $350.00 per hour, enumerated below. a. Consultation with client. 1 b. Drafting of writ and related documents .25 c. Drafting, editing, review and filing of class action complaint 2 d. Service of process and filing of service .25 e. Follow up contact with Defendant 1 4.5 x $350 = $1,575.00 58. Plaintiff's attorney fees continue to accrue as the case move forward. 59. The above stated attorney fees are for prosecuting this matter and reasonable follow up. OTHER RELIEF 60. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 61. Plaintiff seeks injunctive relief barring further unlawful collection activity. 62. Plaintiff seeks such other relief as this Honorable Court may deem just and proper. 63. Plaintiff requests trebles damages against Defendant because the acts committed by Defendant were willful, wanton, reckless and / or intentional. JURY TRIAL 64. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 65. Plaintiff requests a jury trial in this matter. Wherefore, Plaintiff demands judgment against Defendant(s) in the amount of no less than $7,576.00 for the named plaintiff as enumerated below. $1.00 more or less actual damages. $1,000.00 statutory damages pursuant to 15 USC 1692k et. seq. $1,575.00 attorney fees $5,000 plaintiff incentive fee $7,576.00 Plaintiff seeks additional actual damages and statutory damages and attorney fees for the class also. Plaintiff seeks such additional relief as the Court deems just and proper upon certification of the class. Vj"- ?iMA V- g SS '?O(Q Vicki Piontek, Esquire Date Supreme Court ID Number 83559 Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 717-533-7472 Fax: 866-408-6735 palaw@justice.com IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ROSEMARY FALLON a/k/a ROSEMARY COX a/k/a Rosemary Johnson 670 MARSHALL RD GLENMOORE PA 19343, vs. Commercial Acceptance Company 2 West Main Street Shiremanstown, PA 17011 and John Does 1-10 and XYZ Corporations Jury Trial Demanded Plaintiff Defendants VERIFICATION I, Rosemary Fallon, have read the attached complaint. The statements contained therein are true and accurate to the best of my knowledge, understanding and belief. LM41 - osemary Mon Date ~~. J Case 3:02-at-06000 Document 1104 Filed 09/02/2010 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROSEMARY FALCON a/k/a ROSEMARY COX a/k/a ROSEMARY JOHNSON, on behalf of herself & those similarly situated, Plaintiff v. COMMERCIAL ACCEPTANCE COMPANY, Defendant NOTICE OF REMOVAL _ CIVIL ACTION .~ -~` s;a cn :~ - C -7.~ - ~ ; G~ ~ z x~ -~.r =~ C NO. lO.... ~ ~ -~ ~ w _.~ ..~ z ~ rn - ~ .~ JURY TRIAL DEMANDED Defendant COMMERCIAL ACCEPTANCE COMPANY (hereinafter referred to as "CAC"), by its undersigned counsel, hereby petitions this Court as follows, pursuant to 28 U.S.C. § 1441(b}: 1. _ CAC is a defendant in an action pending in the Commonwealth of Pennsylvania, Court of Common Pleas of Cumberland County, Civil Action No. 10-4958 ("the State Court Action"). CAC received a copy of the Complaint on or about August 18, 2010. 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 Rosemary Fallon a/k/a Rosemary Cox a/k/a Rosemary Johnson. 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." {00353596;x1} Case 3:02-at-06000 Document 1104 Filed 09/02/2010 Page 2 of 3 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 CAC. WHEREFORE, defendant Commercial Acceptance Company, prays that the State Court Action be removed from the Commonwealth of Pennsylvania, Court of Common Pleas of Cumberland County, Civil Action No. 10-4958, 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) BNY Mellon Center 1735 Market Street, Suite 600 Philadelphia, PA 19103-7513 (v} 215-893-9300; (f) 215-893-8719 e-mail: rperr@finemanlawfirm. com Attorneys for Defendant Dated: September 2.2010 {00353596;x1}2 Case 3:02-at-06000 Document 1104 Filed 09/02/2010 Page 3 of 3 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: Vicki A. Piontek, Esquire Piontek Law Office 951 Allentown Road Lansdale, PA 19446 (v) 877-737-8617; 717-533-7472; (f) 866-408-6735 palaw@justice.com Attorneys for Plaintiff Prothonotary of Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 /S/ Richard J. Perr RICHARD J. PERK, ESQUIRE Dated: September 2.2010 {00353596;v1}3 Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 1 of 19 .... Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 2 of 19 IN THI3 COURT OP COMMON PLEAaS ' OF CUMBERLAND COUNTY P$NNSYLVANIA CIVIL ACTION-LAW ROSEMARY FALJAN a/k/a ROSBMARY COX allr/a RosemaryJobnson ~ ~? J 670MARSHALL,RD '~" ~_~ ;~. _~ GLI3NMOORB PA 19343 '"' ~` _ ' , ; y~ {On Behalf of Herself and Those Similarly Situatedh • ~ ~ `' ? ~ ` ~ ~ P1aiQliff ~-~' ' ' ' Vs. 10 4958 Civil Commercial Acceptance Company :. 2 West Main Street ..~ . Shiremanstown, PA 17021. `• ,~ and ~ . Jobn Does 1-10 • and Jury Trial Demanded XYZ Corporations ~ , Defendant(s) NOTICE YOU HAVE BEEN SUBD IN COURT. IF YOU WISH TO DEPBND AGAINST THB CLAIMS SET FORTH IN THE FOLIAWING PAGES, YOiJ MUST TAKE ACTION WITHIN TWBNTY (20) DAYS AFTER THB COMPLAINT AMID NOTICE ARE SERVED BY ENTERING A WRITTBN APPEARANCE PERSONALLY 0~ BY ATTORNEY AND FIL,YAI'G IN WRTJ`ING WITH THE COURT YOUR DBFBNSES OR _ OBJfiGTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARfi WARNED THAT IF YOU FAIL TO DO SO THE CASI; MAY PROCEBD WITHOUT YOU AND A JUDGMENT MAY B8 ENTERED AG.AIPIST YOU BY TH8 COURT WTI'HOUT FURTHER NOTICE FOR ANY MONEY CLAIMED OR FOR ANY OTHER CLAIM OR RELIEF REQUBSTBD $Y THE D&FENDANT. YOU MAY LOSB MONEY OR PROPERTY OR OTHER RIGHTS 1MPORTANT TO XOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONB THE OFFICE SET BORTH 1iEL.OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Chester County Bar Association 1S West Gay Street P.O. Box 3191 West Chester PA 19381 • 610-429-1500 Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 3 of 19 IN THB COURT OF COMMON PLEAS OFCUMBBItLAND COUNTY, PENNSYLVANIA CfIRi. ACTION-lAW ROSEMARY FALCON a/k/a ROSEMARY COX alkJa Rosemary Joho~n 670 MARSHALL RD t3L8NMOOR& PA 19343 . (On Behalf of Herself and Those Similarly Situated), Plaintiff Vs. 10 4958 Civil Commercial Acceptance Company . 2 West Maio Street . Shiremanstown, PA 17011 and . John Does 1-10 and Jury Trial Demanded XYZ Corporations . Defendant(s) COMPLAINT INTRODUCTION X. Ties is a class action lawsuit for damages brought by an individual consumer for Defendant(s)' alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (hereinafter `~DCPA'~. 2. Plaintiff bxings this action against Defendant(s) for engaging in a systematic scheme to deprive Pennsylvania Consumers of their rights under the FDCPA. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 4 of 19 ,~ 3. Defendant(s)' scheme involved, contacting consumers throughout Pennsylvania, and leaving a particular vaicemail messages on said consumers' answering machines or voicem:ail messaging systems. The particular messages left by Defendants had the affect of violating the provisions of 15 USC 1691g of the FDCPA and by failing to meaningfully disclose the ide~atity of the debt collector or the nature of the call. 4. The claims of Plaintiff and the Class are individual claims for violations of federal law described herein. 5. These claims arise from Defendant(s)' systematic unlawful collection activity against Pennsylvania consumers. b. The named Plaintiffts) are individual consumers who received a particular type of telephone vaicemail message from Defandant while Defendant was attempting to collect on a consumes debt against Plaintiff. The voioemail message is described is this complaint. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 5 of 19 . „ 3URYSDIC~'ION AND VENETE 7. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint ' 8. Venue is proper in this county under Rule 2179 of the Pennsylvania Rules of Civil Procedure. Defendant(s) regularly transact(s) business throughout the Commonwealth of Pennsylvania. 9. Defendant obtains the benefit(s) of regularly transacting business in Chester County, Pennsylva~uia. 10. 'Venue is proper in this county under Rule 2179 of the Pennsylvania Rules of Civil Procedure. 11. befendant transacts business throughout the Commonwealth of Pennsylvania. 12. The conduct complained of occurred in Cumberland County, Pennsylcania. 13. Plaintiff resides in Pennsylvania. 24. Defendant's principle place of business is located in Cumberland County, Pennsylvania. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 6 of 19 . ,, , PARTIES 15. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 16. Plaintiff is Rosemary Fallon a/k/a Rosemary Cox, an adult individual with a current address of 670 MARSHALL RD, GLENMOORE PA 19343, on behalf of herself and those sizniiazly situated Plaintiffs. 17. Defendants are the following individuals and business entities. a. Conunerciai Acceptance Company, a business entity with a principal place of business located at 2 West Main Street, Shiremanstown, PA 17011. b. rohn Does 1-10, individuals oz business entities whose identities are not know to Plaintiff at this time, but which will become known upon proper discovery. It is believed and averred that such Dces played a substantial role in the connnission of the acts described in this complaint. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 7 of 19 .. , ,, , c. X,Y,Z Corporations, business identities whose identities are not know to Plaintiff at this tiRne, but wRich will beconu known upon proper discovery. It is believed and averred that such entities played a substantial role in the commission of the acts described in this complaint_ COUNT QNE: Violation of Fair Debt Collection Practices Act !5 USC 1692 et. seq. 18. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 19. Plaintiff is a consumer debtor as defined by the Fair Debt Collections Practices Act (FDCPA), 15 USC 1692 et. Seq. 20. At all relevant tinges in this Complaint, Defendant(s) was /were acting as a debt collectors} as defined by the PDCPA,15 USC 1692 et. seq. 21. At all times mentioned herein, Defendants} was /were attempting to collect on an alleged consumer debt against Plaintiff. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 8 of 19 22. Within the applicable statute of linnitations prior to the commencsmont of this action, Defendant contacted Plainrifif by telephone and left one or more voicemail messages. "RosernaryJohnson this isLayla with the Co»unercial~lcceptance Comparry. It is important that you return my phone call at 800- 690 3857. Extension 2I0 client reference here is: 571406. " 23. To prohibit harassment and abuses by debt collectors the FDCPA, at 15 U.S.C. § 1642d, provides that 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 and names anon-exhaustive list of certaiua per se violations of harassing and abusive collection conduct, l5 U.S.C. § 1592d(1}-(6). Among the per se violations prohibited by that section are: the placement of telephone calls without meaningful disclosure of the caller's identity, 15 U.S.C. § 1692d(6) Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 9 of 19 ., .. 24. To prohibit deceptive practices, the FDCPA, at 15 U.S.C. § 1692e, outlaws the use of false, deceptive, and misleading collection letters aAd names anon-exhaustive list of certain per se violations of false and deceptive collection conduct. l5 U.S.C. § 1692e(1)- (1b). Among these per se violations prohibited by that section arc: the failure by debt collectors to disclose in initial oral communications that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, l5 U.S.C. § 1692e{11); and the farTure by debt collectors to in subsequent oral communications with consumers that the communication is from a debt collector, 15 U.S.C. § ib92e(7.1). 2s. 'Ifie above referenced voiccmail message(s) was / were a communication as de#ined by 15 USC 1b92(a)(2).~ See Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d b43 (S.D.N.Y. 2006); INMAN v. NCO FINANCIAL SYSTEMS, INC, Unitccl States District Court for the Eastern District of Pennsylvania, F?oeket Number N0.08-5866; Edwards v. NIAGARA CREDIT SOLUTIONS, INC., United States Court of Appeals for the Eleventh Circuit, Docket Number 08-17006. 26. At no time during the message(s) did Defendant disclose that the call was from a debt collector attempting to collect a debt, or that any information obtained by Defendant from Plaintiff; would be used for that purpose. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 10 of 19 2'7. The above referenced voiCe~all xnessage{s) was a violation of 15 USC 1ti92 et. seq. because the telephone call was placed without disdosure that the calls was from a debt collector, and Defendant(s) failed to disclose the nature of the communication. See Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d 643 (S.D.N.Y. 2006);1NMAN v. NCO FINANCIAL SYSTEMS, INC, United States District Conrt for the Pastern District of Pennsylvania, Docket Number NO.O8-5866; Edwards v. NIAGARA CREDIT SOLUTIONS, INC., United States Court of Appeals inr the Eleventh Circuit, Docket Number 08-1'7006. 28. All previous paragraphs of this complaint are incorporated by reference and made a part of this complaint. 29. Defendant{s) is liable for the acts committed by its agents under the doctrine of respondeat superior because Defetrdant's agents were acting within the scope of their employment with Defendant. 30. In the alternative, Defendant(s) is Liable for the conduct of its agents /employees under the theory of joint and several liability because Defendant and its agents /employees were engaged in a joint venture and were acting jointly and in concert. 31. Any mistake made by Defendant would have included a rnistake of law. 32. Any mistake made by Defendant would not have been a reasonable or bona fide mistake. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 11 of 19 CLASS ALLEGATTOI+TS 33. All previous paragraphs of tbis complaint ate incorporated by reference and made a part of this complaint . 34. Plaintiff brings this case as a class action parsuant to Pennsylvania Rules of Civil Procedure 1701, et seq., oa behalf of a Class consisting of members who meet the following criteria. a. Consumers within the meaning of the FDCPA. b. Residents of Pennsylvania at the time they rec:enred the same or a sim0ar telephone voicexnail message from Defendant, described in this complaint, c. Received the same or substantially similar telephone message(s) described in this complaint from Defendant(s) within the applicable period of limitations prior to the commencement of this action. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 12 of 19 35, Excluded foram the class axe Defendam's employees. 3b. Excluded from the class is Plaia~6ffs attoxney. 37. Plaintiff reserves the right to redefiine the class following discovery. 38. Plaintiff believes that tbere are several victims of Defendant(s) aforementioned collection activity, and that members of the Class are so numerous that joinder of all members is unpractical. 39. Plaintif#"s claims are typical of the claims of the Class members because they received the same type of collection telephone message from Defendants} that Plaintiff received from Defendant(s). Q0. Plaintiff wiU fairly and adequately protect the izatcrests of the Class members. Plaintiff has retained counsel competent and experienced in consumer law, and capable of familiarizing herself with class action litigation practicx and procedure. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 13 of 19 41. Common questions of law and fact exist as to all Class members and predominate oven any questions solely affecting individual Class members. Among the questions of Iaw and fact common to plaintiff and the Class are the following. a. Were the accounts referred to in the telephone messages left for Plaintiffs consumer debts as defined by the FDCPA? b. Are the Plaintiffs consumer debtors as defined by the FDCPA? c. Was /were Defendant(s) acting as a debt collector as defined by the FDCFA at the time that the telephone messages were left by Defendant? d. VVas /were the telephone message(s) communications as defined by the FDCPA? e. Did the telephone message{s) sent to Plaintiff and other simrlarly situated Plaintiffs by Defendant(s) fail to meaningfully disclose the identity of the caller or the nature of the call? f. Did the telephone message(s) left by Defendant violate the FDCPA,15 USC 1692 et. seq.? Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 14 of 19 42. Class action treatmen# is superior to the al#ematives for the fair and efficient adjudication of the controversy alleged herein. Such treatment vain pemait a large number of similarly situated persons to prosecute their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would entail. 43. No difficulties are likely to be encountered in the management of this class action that would preclude its maintenance as a class action, and no superior alternative exists for the fair snd efficient adjudication of this controversy. 44. The Class is readily identifiable from the Defendant(s)' reoards. 45. Prosecution of separate actions by individual members of the Class would create the risk of inco,asistent or varying adjudications with respect to individual members of the Class that would establish incompatible standards of conduct for defendants. 46. ~. class action is superior to other available methods for the fair and efficient adjudication of this controversy since joinder of alI members is impractical. 47. The amounts at stake for many of the Class members, while substantial, are not great enough to enable them to maintain separate suits against Defendant. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 15 of 19 48. Without a class actio~,1?e#endQnt(s) will likely retain the benefit of its wrongdoing. 44. Without a class aeon, Defendant(s) will likely continue a course of action, which will result in furthcr damages to Plaintiff and members of the Clsss. DAMAGES so All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 51. At least $1,00 actual damages for Plaintiff, including but not limited to phone, fax, stationary, postage, etc. 52. Actual damages for members of the class. 53. $X,OOO.UO statutory damages for the named Plaintiff as the class representative under the FDCPA 15 USC 1ti92k. 54. $1,000.00 statutory damages for each additional Plaintiff under the FDCPA 15 USC 1S92k. ss. Plaintiff suffered Borne emotional distress as a result of Defendant's illegal collection activity in an amount to be determined at trial. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 16 of 19 „ ~~ A7-rol~~ is Sb. All previous paragraphs of this complaint are incorporated by xeference and made a part of this complaint. 57. Plaintiff is entitled to attorney fees pursuant to 15 USC 1b92 k- in the amount of $1.575.00 at a rate of $350.00 per hour, enumerated below. a. Consultation with client. 1 b. Drafting of writ and related documents .25 c. Drafting, editing, review and filing of class action complaint 2 d. Service of process and filing of service .25 e. Follow up contact with Defendant 1 4.5 x $350 = $3.,575.00 58. Plaintiffs attorney fees continue to accrue as the case move forward. 54. '1'he above stated attorney fees are for prosecuting this matter and reasonable follow up. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 17 of 19 o ;. OTHER RELIEF 60. All previous paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 61. Plaintiff seeks injunctive relief barring further unlawful collection activity. 62. Plaintif~'seeks such other relief as this Honorable Court may deem just and proper. 63. Plainti# requests trebles damages against Defendant because the acts committed by Defendant were willful, wanton, reckless and / or intentional. JTJRY TRIAL 64. All p;evious paragraphs of this complaint are incorporated by reference and made a part of this portion of the complaint. 65. Plaintiff requests a jury trial in this matter. Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 18 of 19 .r, ~. Wherefore, Plaintiff demands judgment against Defendant(s) in the amount of no Less than $7,576.00 for the named plaintiff as enumerated below. $1.00 wore ox less actual damages. $1,000.00 statutory damages pursuant to TS USC 1592k et. seq. $1,575.00 attorney fees $5,000 plaintiff incentive fee $7,576.00 Plaintiff seeks additional actual damages and statutory damages and attorney fees for the class also. Plaintiff seeks such additional relief as the Court decors just and proper upon certification of the class. 'Vicki Piontek, Esquire Supxeme Court YD Number 83559 Attorney for Plaintiff 951 Allentown Road Lansdale, PA 19446 717-533-7472 Fax: 866-408-b735 palawtc7r j'ustice.eom $• 8•ao r0 Date Case 3:02-at-06000 Document 1104-2 Filed 09/02/2010 Page 19 of 19 . '... t ~ , IN TF3E COURT OF COMMON PLEAS " COUNTY, PENNSYLVANIA CIVIL ACTION-LAw ROSEMARY FALCON a~/t/a ROSEMARY COX aJkla Rosemary Johnson , 670 MARSI~IAIZ RD , GLENMOORE PA 19343, . Plaintiff Vs. , commercial Aeeeptanoe company 2 West Main Street . Shirr+manstown, PA 17011 , and , John Does i-10 , ~ Jury Trial Demanded XYZ Corporations . Defendants VERIFICATION I, Rosemary Fallon, have read the attached complaint. The state~nnents t;oniained therein are true and accurate to the best of my knowledge, understanding and belief. osemary F on Date .IS 44 (Rev. 1v07) Case 3:02-at-06000 ~~,e~`~~R SH~~'~'09/02/2010 Page 1 of 2 The JS 44 civil oovw aheetand the information contained herein nather~eplace nor lament the filing and service of~leadings orotherpapers as raptured by law, except as jrrovided by local roles of court Thia foam, approved by the Judicial Conferenx of the Unitedtates in September 1974, is reyutted for the use of the Clerk of Court for the purpose of tmttating the civil docket sheet (38B INSTRUCTIONS ON THB REVERSE OF THE FORM.) I. (a) PLAINTIFFS ROSEMARY FALCON A!K/A ROSEMARY COX A/K/A ROSEMARY JOHNSON (b} County ofResidencx of First Listed Plaintiff Chester CiOy PA (EJCCEPT IN U.S. PLAINTIFF CASBS) (e~ AtOorney's(F' SgName,Addraa andTeleph4igeC8 9~1 Allentown Road, Vi kl A. PionTTek, E~ uire Pionfek Law VVRRII Lansdale, PA 19446 (877-737-8617; 866-408-6735) II. BASIS OF JURISDICTION (Place as "x";n one Sox only) O l U.S. Government Id 3 Federal Question Phriatiff (U.S. Government Not s Party) O 2 U.S. Government O 4 Diversity Defendant (Indicate CitizensJtip of Parties in Item III) DEFENDANTS COMMERCIAL ACCEPTANCE COMPANY County of Residence of Fitst Listed Defendant (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THB LOCATION OF THE LAND INVOLVED. Attorn a (If Known> Richar~J. Parr, Esquire, Fineman Krekstein 8~ Harris, P.C., 1735 Market SL, Suite 600, Philadelphia, PA 19103-7513 (215-893-9300; CITIZENSffiP OF PRINCIPAL PARTIES(Plaee as "x" io One Box for Plaintiff (For Diversity Cases Only) and Oae Box for Defendant) PTF DEF PTF DEF Citizen of ThisStote D 1 O 1 Incorporated or Principal Place O 4 O 4 of Business In This State Citizen of Another State D 2 D 2 IncorporotedavlPrincipalPlacc D 5 D S of Business In Another State Citizen or Subject of a D 3 O 3 Foreign Nation O 6 O 6 O 110 Insurance O 120 Marine D 130 Miller Act D 140 Negotisbk Insuument D 150 Recovery of Overpayn D 151 Medicare Act D 152 Recovery of Defau]ted Student Loans (ExoL Veterena) D 153 Recovery of Overpayment of Veteran's Benefits D 160 Stockholders' Suits D 190 Other Contract D 195 Contract Product Liability D 210 Land Condemnation O 220 Foncksore D 230 Rent Lease & Bjectment D 240 Torts to Land D 245 Tort Product Liability O 290AIlOtherRealProperly PERSONAL INJURY D 310 Auphmc D 315 Airplme Product Liability O 320 Assault, LibelBc Slander D 330 Federal Empbyera' Liability D ° 340 Marine D 345 Marine Product Liability O 350 Motor Vehicle O 355 Motor Vehicle Product Liability D 3600therPersonal 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities - Bmployment 446 Amer. w/Disabilities - OOrer 440 Other Civil Rights PERSONALIN7URY O 362 P ersautal Injury - Med. Malpractice D 365 Persona! Injury - Prodnct Liability D 368AsbestoaPersonal Injury Product Liability PERSONAL PROPERTY O 370 Other Fraud D 371 Tratb in Lending D 3800therPersonal Property Damago D 385 Property Damage Product Liability S 10 Motions to Vacate 3mtmcc Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Frison Condition D 610 Agriculture D 620 Other Food & Drag D 625 Drag Related 3eiwre of Property 21 USC 881 D 630 Liquor Laws D 640 R.R. & Track D 650 Airlme Rega. D 660 Occupational Safety/Health D 690 Other 710 Fair Labor Standards Act 720 LaborAvlgmt. Relations 730 LaborAvlgmt.Reporting & Discloauro Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Ina. Secarity Act 463 Habem Corpus - Alien Detainee 465 Other Immigration Actions D 422 Appeal 28 USC 158 D 429 Withdrawal 28 USC 157 D 820 Copyrights D 830 Patent D 840 Trademark 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(¢)1 870 Taxes (US. Plaintiff or Defendant) 871 IRS-Third Party 26 USC 7609 O 400 State Reapportionment O 410 Antitrost O 430 Banks and Banking O 450 Commerce O 460 Deportation O 470 Racketeer Infhtenced and Corrupt Orgmizations lg 480 Consumer Credit D ;490 Cabk/Sat TV O-_ 810 Sekctive Service O 850 Seauritres/Commodities/ Exchange D 875 Customer Challenge 12 USC 3410 D 890 Other StaNtory Actions O 891 AgriculNral Acts D 892 Economic Stabilization Act O 893 HnvironmeatalMatters O 894 Energy Allocation Act O 895 Freedom of Information Act D 900Appeal of Fee Determination Under Equal Access to Justice O 950 Constitutionality of Stilt StaNtes V. ORIGIN (Place an "X" in One Box Only) Appcal to District O 1 Original ® 2 Removed from O 3 Remanded from ~ 4 Reinstated or O 5 ano~there ~stric°t O 6 Multidisttict Q '] Meg svate Proooeding State Court Appellate Court Reopened s i Litigation Judi ant Cite the U.S. Civil Statute under which you are Sling (Do not cite jur3adictional statutes unless diversity): VI. CAUSE OF ACTION Brief description ofcausa VII. REQUESTED I1V Ea CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint COMPLAINT: UNDERF.R.C.P. 23 JURYDEMAND: ~ Yes O No VIII. RELATED CASES} (See instructions): IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RHCORD 09/02/2010 !S! Richard J. Parr FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLY]NG ]FP JUDGE MAG. JUDGE ,s ~, R~~ ~~.1„n,) Case 3:02-at-06000 Document 1104-3 Filed 09/02/2010 Page 2 of 2 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 snpplements the filings and service of pleading ar other papers as required by law, except as provided by local roles 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 cavil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attonu;y filing a case should complete the form as follows: I. (a) Plaintiffs-Defendant. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff ar 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 plaintifl'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 We location of the tract of land involved.) (c) Attorneys. Enter the fnm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachmenty'. II. Jurisdiction. The basis of jm~isdiction 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. Snits 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 amendmeat to the Constitution, an act of Congress or a treaty of the United States. Incases 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 J 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" inthe 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. (ti) Check this box when a muhidistrict 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 S 553 Brief Description: u oozed recemtion 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.RCv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney 5ignatnre. Date and sign the civil cover sheet.