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Home My WebLink About04-5445 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA (J'I5'1'1:3 C)I) i I Priscilla Lopez Camp Hill, P A Simm Assoc. Inc. Alvin L. Harris P. O. Box 7526 Newark. DE 19714-7526 Plaintiff( s) & Addresses Defendant( s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of swnmons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( X ) Attorney () Sheriff. Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com Si nature of Attorney Supreme Court ID# _77414 Dated: /O/d. P / r.J 'f WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFrED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ~ -I? W Dated: L~ 'd<l'O r/ By:th7i:V ;(j1fm!)J)fY1l -1fJ Deputy I Q ~ --0 G', LY\\,1" <#?:.~ ;r,l zc- 0"':::'. ~t) iF ""c. ~ t:::! -0 ~ ~ (t> ~ \.J\ ~ n ~~ ~ kG G\ ~D~ - ~ (J'(jp ~ ? ....0 ~ og r) () ~ Q, '? C) ~11 ~ -of;" N 5~ (;0 ...., ~\ Q::li :;l:: z~ '-? 0 -. 1"-' ";1; ~, '" -<- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PRISCILLA LOPEZ. Plaintiff. v. Civil No,: 0'1--5445 SIMM ASSOCIATES, INe.. Defendant. JURY TRIAL DEMANDED IMPORT ANT NOTICE TO: President Simm Associates 133 South Main Street Milltown, NJ 08850 DATE OF NOTICE: FEBRUARY 8. 2005 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL Y OR BY ATTORNEY AND FlLE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (HI) DAYS FROM THE DATE OF THIS NOnCE, A JUDGEMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NonCE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 717-249-3166 800-990-9108 ~i Deanna Lynn Saracco 76 Greenmont Drive Enola, P A 17025 (717) 732-3750 Attorney for Plaintiff ~n :.~ ,-,~ :; p.,) ........ uJ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRISCILLA LOPEZ, Plaintiff, v. Civil No.: 2004-05445 SIMM ASSOCIATES, INC., Defendant. JURY TRIAL DEMANDED AMENDED COMPLAINT 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 twentv (20) davs 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, P A 1-800-990-9108, 717-249-3166 NOTICIA Le han demandado a listed en 1a corte. Si listed quire defencterse de estas demandas expuetas en las paginas siquientes, listed tiene viente (20) dias de plaza a1 partir de 1a fecha de 1a excrita 0 en persona 0 per abogado y archivar en 1a corte en forma excrita sus defensas 0 sus objectiones alas demande, 1a corte tomara rnedidas y puede entrar una orden contra listed sin previa aviso 0 notificacion y par cualquier queja 0 alivio que es pedido en 1a peticion de demanda. Dsted puede perder dinero 0 SUS propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO 8I 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, PENNSYL VANIA PRISCILLA LOPEZ, Plaintiff, v. Civil No,; 01-5445 SIMM ASSOCIATES, INC., Defendant. JURY TRIAL DEMANDED AMENDED COMPLAINT COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT I. Jurisdiction for this Action is asserted under the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. S2270 et seq. 2. Violating provisions of the Fair Debt Collection Practices Act also violate the Pennsylvania FCEU, 73 P,S, s2270.4(a), 3. 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 01'37 Pa.Code SS303.3(3), 303,3(14), 303.3(18), 303.6 and 73 P,S, S201-2(4). 4, 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. 5. 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 his behalf and against defendants for a statutory penalty. treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S, S2270.5. COUNT II - FAIR DEBT COLLECTION PRACTICES ACT 6. Plaintiff hereby incorporates the forgoing as if fully set forth herein, 7. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 u,s.c. 91692, et seq. ("FDCPA"), particularly 15 U.S,C, 91692k(d) and 28 U.S.C. 91337. 8, Venue lies in this District pursuant to 28 U.S.c. 1391(b). 9. Plaintiff is an individual and consumer pursuant to 15 u.s,c. 9] 692a(3), 10. Defendant Simm Associates Inc., is a business entity(ies) engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 200 Biddle Avenue, Suite 200, Newark, Delaware, 19702, p, O. Box 7526, Newark, Delaware, 19714-7526. 11. Defendant is a debt collector as defined by 15 U.S.c. 11692a(6). 12. Defendant sent letters to Plaintiff, dated February 5, 2004, which is a "communication" relating to a "debt" as defined by 15 U.S,c. 11692a(2). 13. At all pertinent times hereto, the defendant was hired to collect a debt relating to a consumer transaction as defined by 15 u,s,c. 9 1692a(5).. (Hereinafter the "alleged debt.") 14. Defendant communicated with plaintiff on or after one year before the date of this action, in connection with collection efforts, by letters, telephone contact or other documents, with regard to plaintiffs alleged debt. 15, Defendant's February 5, 2004, letter stated that, "It has become necessary for this office to conduct a thorough investigation with regard to your income, assets and net worth." 16. The letter further stated, "[t is imperative that you contact this office upon receipt of this notice. Failure to comply will result in immediate commencement of this investigation." 17. The FDCP A states, a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 15 U .s.C. S I 692f. Defendant violated this section of the FDCPA. 18. The FDCP A states that a violation of state law is a violation of the FDCP A. 15 U.S.c. S I 692n. Defendant violated this section of the FDCP A. 19. Unlawful collection agency practices. (a) Assignment of claims. It is lawful for a collection agency, for the purpose of collecting or enforcing the payment thereof~ to take an assignment of any such claim from a creditor, if all of the following apply: 1. The assignment between the creditors and collection agency is in writing; 2. The original agreement between the creditor and debtor does not prohibit assignments, 3. The collection agency complies with the act of December 17. 1968.., (b. I )Unfair or deceptive methods. It is unlawful for a collector to collect any amount, including any interest, fee, charge or expense incidental to the principal obligation, unless such amount is expressly provided in the agreement creating the debt or is permitted by law," 20. The FDCP A 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:. sl692e, Defendant violated this section of the FDCPA. 21. The Fair Credit Reporting at, 15 U.S,c. S 1681 b prohibits the improper use of a consumer's credit information. 22. Plaintiff believes and therefore avers that defendant's "investigation" violates the Fair Credit Reporting Act. 23. The FDCP A 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. S 1692d. Defendant violated this section of the FDCP A. 24, The FDCP A states, it is unlawful to design, compile and furnish any form knowing that such form would be used to create the false believe in a consumer that a person other than the creditor of such consumer it participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 15 U.S.C. SI692j. Defendant violated this section of the FDCPA. 25, The FDCP A provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. S 1692g. Defendant violated this section of the FDCP A, 26. The FDCP A states, it is unlawful to add interest, charges, fees or other costs unless authorized by law or contract; Plaintiff does not have a contract with Defendant 15 U.S,C. S I 692fand S I 692e(2)(A) and (B), Defendant violated this section ofthe FDCP A. 27. Defendant's collection communications were intentionally confusing. misleading and otherwise deceptive to the PlaintifTs, in violation of 15 U,S.C. sI692e(5) and (10), S 1692f(8) and S 1692i. see also, In re Belile, 208 B.R. 658 (E.D. Pa 1977). 28. Defendant's communications created a false sense of urgency on the past of Plaintiff in violation of the FDCPA. Tolentino v. Friedman, 833 F. Supp. 697 (N,D. Ill. \993); Sluys v, Hand, 831 F. Supp. 321 (S.D.N,Y. 1993); and Rosa v. Gaynor. 784 F. Supp I (D, Conn. 1989). 29. Any threat oflitigation 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. sI692e(5). IS U.s.C. sI692e(10). 30. 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. 31. 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. 32. Plaintiff believes and therefore avers that the Defendant's agents made false threats of litigation. 33. Defendant's threat of litigation was false because defendant does not routinely file suit against consumer debtors, in violation of 15 U,S.c. S I 692e(5) and (10). 34. Defendant's letters were intentionally confusing and deceptive, in violation of 15 U,S.c. S I 692e( 5) and (10), S I 692f(8) and S 1692j. 35, Plaintiff was confused, deceived and believed that litigation was imminent if settlement was not made, 36. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages, 37. Detendant, in its collection efforts, violated the FDCPA, inter alia, Sections 1692, b, c, d, e, t; g, h, and/or n, 38, Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 39. 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 on his behalf and against defendants and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FDCP A or each separate and discrete incident in which defendants have violated the FDCP A. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at him in an amount not less than Ten Thousand Dollars ($10,000,00), as well as the repetitive nature of 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 by his attorney in vindicating his rights under the FDCP A, permitted by 15 U .S,c. S 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. COUNT III - CLASS ACTION 40. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 41, Federal Rule of Civil Procedure. 23, permits a class action if certain criteria are met. 42. The FDCPA permits class action, 15 U,S.c. S I 692k(a)(2)(B), 43, In this case, defendant threatened to conduct an unlawful investigation into the private affairs of the consumer, in violation of federal law. 44. In this case, dettmdant's letter contained false, deceptive and misleading statements, 45, This action seeks a declaration that the form of defendant's collection letter violated the FDCPA 46. This action seeks a declaration that defendant's collection practices violated the FDep A, -- 47. The Class consists of all persons who received a collection letter identical or similar to the letter attached as Exhibit A. 48. Plaintiffs claims are typical of the claims of the Class. 49. It is unknown how many letters were sent by the defendant, as such, Plaintiff believes and therefore avers that the number exceeds 100 persons. 50. Common relief is therefore sought on behalf of all members of the Class. 51. This Class Action is superior to other available methods for the fair and efficient adjudication of this controversy. 52, The prosecution of separate action by individual members of the class would create a risk of inconsistent or varying adjudications with respect to the individual members of the Class, and a risk that any adjudications with respect to the interests of the other members of the Class would, as a practical matter, either be dispositive of the interests of other members of the Class not party to the adjudication or substantially impair or impede their ability to protect their interests, Defendant acted in a manner applicable to the Class as a whole that warrants declaratory relief 53, The Plaintiff will fairly and adequate protect and represent the interests of the Class, The management of the Class action proposed is not extraordinarily difficult and the tactual and legal issues raised will not require extended contact with the members of the Class because defendant's conduct was perpetrated on all members of the Class and will be established by common proof. Plaintiff's counsel, attorneys Saracco and Rosen, participated as attorneys in class actions brought pursuant to the FDCP A. 54. Given the nature of defendant's practices, it is likely that other consumers in Pennsylvania have been harmed by these practices. 55. The law firm of Krevsky & Rosen, located at 110 I North Front Street, Han-isburg, Pennsylvania, have agreed to enter its appearance as co-counsel to ensure that Plaintiffs counsel will have adequate resources to represent the class, 56. This action could be handled as a no-notice class, and is superior to the alternative, hundreds of Pennsylvania residents filing separate FDCP A actions. 57. Plaintiff respectfully requests that this Honorable Court consider the frequency and persistence of defendant's non-compliance, the nature of defendant's non-compliance, and the obvious intentional nature of the defendant by failing to verify whether the collection amount is valid, as required by Pennsylvania law and whether the statute of limitations expired. 58. Plaintiff respectfully requests that this Honorable Court certify the class and award such amount for each named Plaintiff, $1,000.00, plus such amount as this Honorable Court may allow for all other class members, without regard to a minimum of$500,000.00 or one percent of the net wroth of the debt collector, and attorney fees of $350,00 per hour, and costs as reasonably determined by this Honorable Court WHEREFORE, Plaintiff respectfully requests that this Honorable Court a. CertifY the class, b. Appoint Plaintiff to represent the members of the class, c, Appoint Deanna Lynn Saracco and the law firm of Krevsky & Rosen as counsel for the class, d. Declare that defendant's letter violated the FDCP A. by threatening to report an alleged debt in excess of seven years, e. Declare that defendant's practices of adding unlawful collection fees violated Pennsylvania law and the FDCP A, f. Declare that defendant's practices of attempting to collect on alleged debts after the statute oflimitations expired, violated Pennsylvania law and the FDCPA; g. Enter judgement in favor of Plaintiff and the Class and against Defendant, for statutory damages, costs and reasonable attorney fees in the amount of$350.00 per hour, h. Grant such further relief as this Honorable Court de Dated: 6/16/05 By: Is/De Deanna Lynn Saracco Attorney for Plaintiff 76 Greenmont Drive Enola, Pennsylvania 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for defendant, Charles Boarman, Simm Associates, Inc.. 200 Biddle Ave, Suite 200. Newark. Delaware, 19702 By: Deanna Lynn Saracco /J.,t~ Dated: 6/16/05 P.O. SOX 7526 NEWARK. DE 19714-7526 ADDRESS SERVICE REQUESTED Priority-Gram ., February 5, 2004 SIMM ASSOCIATES. INC. P.O. BOX 7526 NEWARK. DE 19714-7526 E95367-OC7 10e16 PRISCILLA LOPEZ PO BOX 6853 HARR:SBURG PA 17112-0853 I Reference File No. : E95367 , -.J X Detach Upper Portion And Return With Payment X CLIENT BALANCE $ 2272.60 Cross COUntry Bank Dear PRISCILLA LOPEZ. It has become necessary for this office 10 conduct a thorough investigation wilh regard to your income, assets and net worth. tt i!=t imr~rBtiv~ ~h.::l~ ~/f)IJ c':'!"'!t~ct t~!~ I)ffic~ ~~.,!: re~e!::,,! 0f ~~!':: ~~~!":'~. F~j'I__lrl?,o !o:- "("Im:,,1~J will "~~IIIt. in immediate commencement of this investigation. Ti)j;J t~ CUI diit:Jnpl 'v (;(Jiiecl. a debi by a oeD~ coiiector. Any illfonnadon UO(oineu wiii W 1.J::tt#U 'Vf jiJdL ~UlfJUK. Sincerel,. rt. 'P cr: ......, ../l..ttH/v -{/~ vFJ..arrtLi..> Alvin L. Harris Coordi<'latol' (800) 864-6033 Payflle.... ~n be.. made via credit card Or banitdraft ,t; ',~.SIMMASSOCIATeS'CoM . c' '",~ - 'Sil0;""'<' "",", PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. () ,0 c.:) {~~~~.} ,:j1 f<_.,.., C;. - -' _..(. ...." -"..' .....::- ~ .... -r: -n r--nC~ -O:'1r,_, _:.")C 1:-'),..\) - -r,. p /'~.I " -'c: ~~\~ ;.'-) , ..:.::~ .~ r;;.) u"\ ()'\ - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRISCILLA LOPEZ, Plaintiff, v. Civil No.: ()f-5445 SIMM ASSOCIATES, INe., Defendant. JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Charles Boarman, Chief Counsel Simm Associates 200 Biddle Avenue, Suite 200 Newark, DE 19702 DA TE OF NOTICE: Julv n, 200S YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 717-249-3166 800-990-9108 7!r/as j{)~~ Deanna Lynn Saracco 76 Greenmont Drive Enola, P A 17025 (717) 732-3750 Attorney for Plaintiff () 5; -cr SQ~::,- '/' ~ 0:~;. r::' ~'~ .,c":'- ~f', /...,.c~ :Z :~ ~ = Con <- c:: ....... N ~ ...... fF,:I1 -0 s:; ~''J? oQ ~~::l .. /'--1''1 -:10 z~ 0'" -I dE "< """ :::c. C? N U:J FINEMAN KREKSTEIN & HARRIS, P.C. BY RICHARD J. PERR, ESQUIRE Attorney I.D. No. 72883 United Plaza, Suite 1800 30 South 17th Street Philadelphia, PA 19103 PHONE 215-893-9300 FAX 215-893-8739 e-mail: rperr@finemanlawfirm.com Attorneys for Defendant Simm Associates, Inc. v. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CNIL NO. 04-5445 PRISCILLA LOPEZ SIMM ASSOCIATES, INC. JURY TRIAL DEMANDED 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 1:05-CV-1406, pursuant to the attached Notice of Removal filed with the Clerk ofthe United States District Court for the Middle District of Pennsylvania on July 13,2005. A copy of the Notice of Removal is attached hereto as Exhibit I. By Dated: July 15. 2005 CERTIFICATE OF SERVICE I, RICHARD J. PERR, ESQUIRE, hereby certify that on this date I served a true and correct copy of the foregoing Praecipe of Notice of Removal by first class mail, postage prepaid, on the following: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 Attorneys for Plaintiff ./; 11 fL ,0. 1/ ((~hl,/(fld W!)~ RICHARD J. PERR SQUIRE! Dated: July 15. 2005 JS44 (Rev. 07/B9) 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 prollided by local rules of court. ThIs form, approved by the Judicial Conference of the United States in Septl!lmber 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 PRISCILLA LOPEZ DEFENDANTS SIMM ASSOCIATES, INC. (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Cumb.~.nd Co. (EXCEPT IN U.s. PLAINTIFF CASES) o 1 U.S. GOVERNMENT PlaIntiff 181 3 FEDERAL QUESTION (U.S. Government Not. Party) o 4 DIVERSITY (IndIcate CitizenshIp of Patti.. In Item I") 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 ATTORNEYS (IF I<NOWN) Richard J. Perro Esquire Fineman Krekstein & Harris, P.C.. United Plaza. Suite 1800 30 s. 17'" St.. Philadelphia, PA 19103 PHONE 215-893-8724 e-mail: rperr@finemanlawfirm.com III. CITIZENSHIP OF PRINCIPAL PARTIES (Pl.ACEi\N XIN ONE BOX (For Diversity Cases Only) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMSER) Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 PHONE 717-732-3750 email: saraccolaw(ij)aoi.com II. BASIS OF JURISDICTION (PLACE AN X IN ONE BOX ONLY) [] 2 U.S. GOVERNMENT Defendant prF OEF PTF DEF Citizen of This State 01 01 Incorporated or Principal Place 04 04 of BusJn... In This State CItizen of Another state 02 02 Incorporated end Pl1n<:.Ip.' Place D. D. of Bustne.a In Another State CitIzen or Subject of a 03 03 Foreign Nation D. D' Foreign Country IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FlUNG AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS l?IVERSITY.) 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 FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES D110 Insurance PERSONAl INJURY PERSONAL INJURY C610AQttcullure D 422 Appeal 0400 Stale D120Marlne 03'0 Airplllne D 362 Personall~ury- 0620 OlherFood50rug 28USCl5a Reapportlonmenl 0\30 MiIIerAd 0625 DrugRejsledSe~l'eof 0423 WRhdrsWlI 0410AntitrUllt C140 NegotlllbleJrlGtrument o 315 AlrpI_Produd MedMlIlprlICllee Propart)'21USC881 28USC157 D430Banktlll1dBanldnll C 150 RlIcovaryc:tl>.<erpaymenl 1JobI" C365 Per$OnllllrlUf)'- 0630LlquorL.av./f o 450 CommllroeJlCC RIIlllaletc. & ErlforcamlN'ltof 0320 AasaUll,Ubel& P"",""""",, 0640 R.R.&Tl\Jck PROPERTY RIGHTS 0480 Deporta~on Siandel' 0368 Astea1of;pllUlfl31 Judgm9{1t 0330 Federal Employers' lnjuryProdI.Ict o 650 Al~1ns ReglI 0821l CopyrIghts 0470 Racksl.".lnftuencedsnd 0151 MsdlcalllAcl liability L1sblllty 0660 Oocupstlonal 0830 Pstenl CClmlptO~ 0152 RlIcovarydDefwlted o 3040 MartM SatetylHesllll D840Tradamark 0810 Selsc1lvllServiOIl Studer.l.\..DafI$ 03045 MarlneprOOuC( PERSONAL PROPERTY 0690 Olher SOCIAL SECURITY CS50 SecurflletlCommodllllew (Excl.V.rarBll$) liability 03700ltlBrFraud '''M"", 0153 RecoYarydl>.<erpaym8l1t [J350 MotorV<<Ik:le 0371 TrulllilllendJng 0861HlA(t39~1 C815 CuMomerChalllll1ge ofVlIlllrBn"Senefitl C35SMo\or\lllhlcle 0380 OlhefPetIOnal LABOR 0862 BlacIllung(923) 12 USC 3410 0160 StockOOldom'Sult& Produetllabllily PropartyDsmIlgB o 863 OIWCIOlWW (405(g)) 0891 ~rk:ulluraIAcls D1llll OtllerContract 0360 OtIlerPeraonal 0385 PropertyOam&gll D710FelrlaborStsooaR.1. 0864 SSIOTllleXVI 0892 EconomicSlablllz.lllion D 195 Contracl Product UabJlily Injury ProductUab/llty loot C665 RSI\405(1I)) 0893 ErT\IlronmenlslMaUar8 0720 lsborfMgml. D 894 EnargyAlloosllonAcl Relallorw FEDERAL TAX SUITS 0895Frasdomof lrlfollllatianAd. REAL PROPERTY CIVIL RIGHTS PRISONER PE1'ITIONS 0730laborlMlrrlt, 0870 TlIlCes{U.S,Plalnlift" [J900 AppealdFeeDetarminatlorl [J210 landCorldemnslion [J<<1 Voting C 510 MollOlllloVaCBle Reporting & orOllfendant) Under Equal Access 10 OifClotureAet 0871IRS-TIllR.1Party "'".. C220ForeclOlUlll [J 4AZ E"'fIloyment ....,~ C 740 Railway labor 'l6U$C7~ 0950 ComIllullonsfltyof 0230 Rsnl lease & Ejectmenl 0<<3 Hauling{ 1iI~.Corpus; Act SlataStiltutes OZ40Tortttoland Accommodallonl C53' G."". [J790Ot/Ierl.abor 11890 OttlllrSlalulory [J 245 Tori Product Uabillty 0444Welflllll C'35 OHlhPsnal1y "'- "'00. 0290 All OtIlarReslPropert)' 0<<0 OtherCivHRlfilhts [J 540 Mandamus & Olller [J791 En:lpl,R.et.lrIc. 0"'_ SlICuOtyAcl VI. ORIGIN o 1 Original Proceeding 1:81 2 Removed from State Court (PLACE AND X IN ONE BOX ONLY) o 3 Remanded from 0 4 Reinstated or Appellate Court Reopened o 5 Transferred from i~nother district (specify) o 6 Multidistrict litigation VII. REQUESTED IN COMPLAINT: 0 VIII. RELATED CASES(S) IF ANY NONE CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DEMAND $ o 7 Appeal to District JUdge from Magistrate Judgment Check YES only 11 demanded In complaint JURY DEMAND: i81YES 0 NO (See instructions): DOCKET NUMBER DATE July 11, 2005 UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PEJ\INSYL VANIA FILED PRISCILLA LOPEZ HARRISBURG, PA CIVIL ACTION v. JUL 1 3 2DD5 NO'I;rJvCAl~ 1~0 JURY TRIAL DEMANDED SIMM ASSOCIATES, INC. MAFlY e. 0'.' CLERK. Per . Duty 8rk NOTICE OF REMOVAL Defendant Simm Associates, Inc. ("Simm"), by its undersigned counsel, hereby petitions this Court as follows, pursuant to 28 U.S.C. S 1441(b): 1. Simm is a defendant in an action pending in the Pennsylvania Court of Common Pleas for Cumberland County, No. 04-5445 ("the State Court Action"). A true and correct copy ofthe Amended Complaint in the State Court Action is attached hereto as Exhibit "A". 2. Plaintiff in the State Court Action is Priscilla Lopez. See Exhibit "A". 3. Plaintiffs State Court Action alleges violations ofthe Fair Debt Collection Practices Act, 15 U.S.C. SS 1692, et seq. 4. The State Court Action involves a question of federal law. Pursuant to 28 U.S.C. S 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. SS 1692, et seq., this Court mayproperIy remove the State Court Action based on 28 U.S.C. S 1441(b). 6. This Notice has been filed with the Court within thirty (30) days after purported service of the Amended Complaint on Simm. WHEREFORE, defendant Simm Associates, Inc., prays that the State Court Action be removed from the Pennsylvania Court of Common Please for Cumberland County, Civil Action No. 04-5445, to this Court for proper and just determination. By CHA . PE 30 South 17th S , Suite 1800 Philadelphia, p.tf 19103-4005 (v) 215-893-9300 (f) 215-893-8739 e-mail: rperr@finemanlawfirm.com Attorneys for Defendant Simm Associates, Inc. Dated: Julv 1 L 2005 2 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 by first class: mail, postage prepaid, on the following: Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, P A 17025 Attorneys for Plaintiff Dated: Julv 11. 2005 3 EXIlIBIT "A" - ~ THE COURT OJ' COMMON PLEAS CUMBE:RLAND,COUNTY, PENNSU.VAl'ffA PRISCILLA LOPEZ. Plaintiff, v. 01-5,..,tf~ Civil No.: 01-5445 SIMM ASSOCIATES. INC., Deftndant. JURY TRIAl. DEMANDED AMENDED COMPLAINt ~Ollb'T J . PE~tl'LV..ANI~ F~ C~J:lIT R~TE~~ION UNjJi'OBfi'I'X ACT 1. Jurisdiction for this .Action is assenl'd under the Pennsylvaciia Fair Credit Bxteusion Uniformil.Y Act. 73 P.S. g2270 cf seq. 2. Violating provisions of me fair Debt CoUection Practio;es Act alSQ violate the Penrt$ylvania FCEU, 73 P,S. ~227C1.4(a). S. Tbr defendant cmgagt:d in unfair methods of' eompetitioll aod unfair or dec<:puw 80ts or praoti,ecs. as defined by FCEU and ~hc regulations. including but not limited to, violations of3? Pa"Code ~930J.3(3). 303.3(14), 303_3(18), :;OH and 73 PS. ~20{-2(4). 4. Defendant's acts as described herein ware done 'with maliCious. mreunonal, "-ilJful. reckless, negligent IUld Wt/.lJtoo disregard for Plaintiff's rigl1ts with the purpose of coercing Plailltlifto pay the alleged debt. 5. As a result ofrhe above violations, Plaintiff is entitled to statutory, actual, trebl~ and punitive clarnages and attorney's feM and COstS. WBEREFORll:, pllilintUf requests tbllt this Honorable Courc issue judgment ('Ill his behalf and againSt defeMartl$ for a Sta1:UtOJY pconalt)', trel>lc danoages. punitiv/l damages, attor~y fees and COStS pursuant to 73 P.S. 22270.5. .,.-. COUNT IT. I'AntDERT COLl.EM'lON PRACT~ES ACT 6, Plail1tiffhereby incl)l'pOt8IeS th'l: forgoing as iftuUy set forth.l1~ 7. Jurisdiction for this aotk>n is M56tted pursuant to tht Fair ~bt Collection ?n.ctices Act, 15 V.S.C. ~1692. etseq. ("FDC!'A"), particularly 15 U.S.C. 9 I 6921<(d) and 28 U.S.C. 91337, 8. Venue lies in this District pursll1lI1t to 2& U.S.C. 1391(b). 9. Plaintiffis an individual and oonsUtner p1.ttSl.Llll1.t to 15 U.S.C. 91692a(3). ] O. Defendant Simm Associates Inc., is a business entity(ies) engaged in the busillCSS of collecting deblS ill this Commonwealth with it$ principal place of burlo.~s lccat~ at 200 Eliddle Avenue, Sultll200, Newark, Delaware, 19702, P. 0_ Box 7526, Newark, Delaware, 19714--7526. 11. Defendant isadebt colle<<oT as defined by 15lJ.S.C. \1692a(6). 12. Defendant sent letters to Plaintiff, elated February 5,20001., whkh is a "oommuoication" relating to e. "debt" as definM by 15 V-S.C. 11692,,(2). 13. At all pertinent times hereto, the defendant was ml'ed to collect a debt relating to a consu:n1Ot'llaIlSllmon as defined by 15 L.S.C. ~ 1692a.(5).. ([~inaftettlJ;: "alleged ~bt.") 14-. Defendant communioatod with ptaWtil'f on or aft10r one year before t!1A; date of til.is action. ill. connection with colli!lCtion efforts, by letters, telephone cootllOt or other aoouments. with regard to plaintiff' $ I1I\~ed dabt. IS. Defendant's February 5, 2004, le~ stated that. "It has bellome necessary tor this offillit to cooouct a thorough investigation with regard to your ineome, assets and. net worth." 16. The let'ler f\Jrthet atated, "it is imperative that you IXlIlUlOl: this office upon receipt of this - Ilotice. Fllilure to comply win result in immediate eommlXlCement olttUs investigation." t 7. Tho FDCP A $tatcs, IS d.1n collecror may not ~ unfair or unconscionable moans to c<tllect or attempt to collect any dl!Ibt. IS V.S.C. g 1692(, Defend&nt "lolated this section of the FDCPA. Us. The l1'DCPA statesthau. ~'iQlationofl!tate law isa Vijllatioll ohlle PDC'PA. IS U.S.C. gt692n. De&ndSJlt Vjolll~ this seCtiOIl ofmeFDCP'J\. 19. Unlawful colleetion agenoy practices. (a) Assignment of claims. It is lawfUl for a colloQuon agency, for the pUIpOS<:: of cOllecting or enforcing the payment th~of, co take an asignl1leat of 8l1}' such claim from a creditor, if p.jl of the following apply: 1. The assignment between the cl-editors and col1el:t!on agency is in \\1iting; 2. Tbc- original weem.ent bet'l\lden tbo creditor and dQbtor <ioes 1I0t prohibit assiglU1lents. 3. The collection agency complies with the. act ofDocember 17. 1968... (b.1)Unfair or deeeptilre methods. It is unla'Wful f<;lt ra coUeetOl"W collect any amount, includIng any iote:rOSt, ~, ch~ or expenac incidenW to the principal QbligatiOfl., unless such amoUnt is ex;presgly provided in the agreement creating th" debt or i~ petmirtt;d by law." 20. The FDCP A l>tates, a debt colle.clOr may not use falS4:l, deceptive or misleading representation Or means in connection with tl\(> colle,:tion of any ~bt 15 U.S.C. gI692e. D~fendant violated this section of me FDCPA. 21. The Fair Credit l1eporting ~t, 15 U.S,C. S16&lb prohibits the impropor U$e ofa consumer's credit inforntatiOn. 22. Plaimiffbelievl!ls and lhorefore avers tI1at defendant's ~in~migation" violates tha Fair Credit Reporting Act. 23, The FDCP A swes, a debt collector may not engage in any condue[ the natural. cOl1SCquenCC ot'which is to l1.arus, oppress 01' abuse any ,{lCIl'lion in oonncction with the .-, coUecdon of II debt. 15 U.s.C. ~ I 692d. Defo!lndant v'iolated thiuoction of1h.e FDCP A, 24- Tho!> FPCP A states, it is unlawfu.l to (lesip. compile and tl.Irnlsh lIZlY fonn knowing that such form would be u.std to crcalt the false believe l.n a eousumbr tbl\.f. a peNon other tbm the creditor of SUOh consum.er it participating in the co lleot1on of' or in an attem.pt to oolitIC! a debt such cODSumtlr aUegedly owes such Cl.'edlror, when in fiLet such \*SOil. is not so p81.1icipar.ing. IS U.s.C_ 91 692j. lJefendlnt v1ols.ted rl1i$ section of the FOCPA.. 25. The mep A provides ctrtain rights to the consumer regarding her right to diaputr; the alleged debt. 15 U.S.C. ~ 1 692g. Defendant violated 'lhis seotion of the FOC}>A. 26. The FOCP A states, it is unlawful to add inte~, charges. fellS or oUter COSts unless . Slltborized by law or oontraCt; Plaintiff does not haw, a contract with ~fendant. 15 U.S.C. 91692had ~ 1 692e(2)(A) and (B). Defen,danr violated dUs section of the FDC? A. 27. Dd~dant' s CQI1~tion communications were intentionally confusing., misleading and oth.:rv.ise d<:ceptiveto the Plaintiffs, in violation of 15 r:.S.C. ~1692e(5) and (10), ~1692f(g) and ~1692j, see also. mTe Belile, 20& B.R. 658 (E.D. Pa 1977). 28. DefendanT.'J: oommunlcations created a false sMse ofutgency on the past ofPlalntiff' in violation of the FDCPA. Tolentino v. Friedman, 833 F_ Supp. 697 (N.D. Ill. 1993); Slto\vs v. Hand, 831 F. Supp. 3:?l (S.D.KY. 19(3); llndRgsa v. Oavnor, 784 F. SUp\) 1 (1)_ Conn. 1989). 29. lmy tlu-eat of litigation is taJse if'the: defendant rarely, sues oonsurner debtors or If the defendant did nor in~d to ~ue the Pla.intiff: ~' v. G~a.t I ,ak~ Collearion Bureau. 6 F.:3d 62 (2d cu:. 199A). See alflO, 15 U.S.C. ~1692e(S), 15 U.S.C, g1692e(1O). 30. At all time pe:nincnt hereto, the defendant was acting by and through its agents, i':J"VatlU and/or employ~, who ,>I$re actine wlthln the scope and course ofthcir employmellt, and Unc\llT tho direClt supervision and control of the defMdants hueln. 31. At all times penment ho-rtto, the conduct of de~I'J.da.nt as weU as their agents, servants, and/or employees, was ma1icio~, intentional, will full. reckl\llSS, neg~ :an4 in wanton disregard for foderal and state law and the rights of the Plaintiff herein. 32. Plaintiff believes and d'lerefore avers that the; Defendant's agents made false thrtats of litigation.. :3 3. Defendant's dueat of litigation was false because defendant does not ro~\tinely file SUil against consum~ debtors, in violation of I S V.S.C. g1692e(5) and (10). 34. Oefcndant'sleners were intentionall)' confusing and deceptive, in violation of 15 C.S.C, ~1692c(5) and (10), ~1692f(8) and ~1692j. 35_ Plaintiff was confused, deocived and believlld that 1iTigation WlIS imminent ifsettlement was not m~. 36. Tbe above mentioned acts with supporting cases d"'mOllstratcs that the conduct of defendants rises to the level needed for punitive damages. 37. Defendant, in its collection efforts, violated the FDePA, inter alia, Sections 1692, b, C, d, e, t: g, h., qndJor n. 38. QQtendant, in ilS collection efforts, uatd false or deceptive acts and intended to oppress and harass plaintiff. 39- That, as a result of the wrongful ractics of defendants as aforemQ\1tloned, plaintiff has been subjected to lUlXiery. harassment, iIlrlmidation and lLlUlOyllnC<! for which compen$ll:tiQn is sought. WHEwtrORE, Plalntifhespectfully requests that his Honor8hie Court oruer jlldim~t on his 'behalf lIII4 aplnst defeJ:ldanu and issue:: an Order: (A) Awa:rd Plaintiff statutory damages in the amount of o~ Thousand Dollars ($1,000.00) foe eaeh violation of the FDCPA or each separate and dillCrl:te incident in which defendants nllve violated the FDCP A. (B) Award Plaintiff general damag~ and punitiv,: damages for anxiaty, harassment, aM intimidation din:cted. at him in m amoUllt l\Ol less than Ten Thousand DoUars ($10,OOO.O(}), as well as the ~tive natuIe:: of dofendants form l.etterS. (C) Award P1alnt:ii':fcoslS of this litigation, incbl<ling a reasonable attorney's fee at a rate of S350.OO1hom- for hours re>:\.~ol.18.bly Empendtd by his attOm.cy in Vindic.atlng his rights under the FDCPA, permitted by IS D.S.C. sliS92k(a)(~). (D) Av,'at-d deo1s.nuory and injunctive telief, llnd sLlch other relief as this Honorable Court de.:.ms Qc(.'<'.lSSary and proper or Ia.w or equity may provide. COL~T m. CLASS ACTlON 4{l. Plaintiff hereby incoxporates the. fore:goil1g as if fully set forth herein. 41. f.,dera\ Rule of Civil Procedu~, 23, peuniu a clss....action if cel'tllin criteria are met. 42. The FDCJ.>A permits class action, 15 V.S.C. *' 692\((a)(2)(13). 43. In this case, defendant lhreatened to BOnduot an unlawful investigation into the private affairs oithe oonsumer, in violation offederallaw. 4~. In this cas", defendant's letter contained fulse. decc:ptive and misleading sr.atements. 45. This aotion $eeks a. deoWation that the form of defenc1aat's collection letter violated the FDCPA 46. tbis action seeks a declaratiOn thlU defendant'S collection pl'aCtioes viola'Wd tbll> FDCP A. -. .. ........ . ^ . .", J'I ...... 47. The Class consiStS cfall pct'$OIlS who 1\tCei\le.d accIl.::otion letter ldemtl.ca.l orsimllar to the letter ~ as Exhibit A. 48. Plaintiff's claims are typical. oithe olaims of the Clasa. 49. It Is unkllOWl1 how many letters Wl!l\'l;l s$ll.t b~1 tlie deti::ndant, as such. PlaintlffbolieV(lS ane! ~..fore avers that the DUIl.lber eXllotlds 100 ~St)na. 50. Common l"Uef is lhl!l1-efore sought on behalf of all members ofthc Class, 51. This Class ActiOl1- is sUperior to other availabh; methods for the fair and efficient adjudication ofdris cOIltt'oven.--y. 52. The prosecution of separate action by indiviclual members of the class would Qrea.te a risk of inconsistent or vaIyinS adjudications ""im respect 'lO the individual memb.n-s of the- Class, and a risk that IlnY adjudications with. resp;:ot to w, interests of the otho!:T members of the Class would, as a practioal matter. either be dispositive of the interests of other membe:rs of the Class not party to the Ildjudloarion I)r substantially impair or impede their ability to protect their h\tere~ts. Defendam acted io a. manner applicable to the ,Class as II whole that wan-ants ~1ara.tOr)' re1~f. 53. 'I1w Plalniiff'will fairly and adequate protect and RPresent the Interes1:S ofthe Class. The l.'IllU1a.Bemcnt of the Class action proposed is not <l:araordinlldly difficult IlIId the fuctual and legal istues raised ,",'illllOt require e.lCtendcd cI.mtaet \'Vith the members of th<!: Class bcrcawc= defendant's conduct was petpetmlld on ail members Qfmli: Class 8l1d. will bli: <lstablished b5' COll1IUon proof. Plaintiff's counsel, attorneyS Sat'/lCCO and Rosen. paI:ticipated. 8$ attOrneys in olMs llAltions brought p'~1 to the FDCP A. :54. Given the narure of defendant's practices, it is likely 1ha, other QOPsumet8 in Pen.nsylvllIlia bav. been barmlld by these practices. .~ 55. The IllW fiml. ofKrevsky& Rosen.,loo_at IlOt North FlClU Street, HIIl1:isburg, Pennsylvania.. have agreed to enter Its a:pp/W'8nCe AS CO-COWlSeI to ensure that Plaintiff's COI.mSt1\ will have adequate re$ource\! to rtpresent the class. 56. This actiOn could be handllld as a no-notice class, and is superio'r to the altel'll.ll.tivo, hundreds of Pennsylvania residlill'irE filins stpara.te FDCPA actions. 57. Plaintiff respectfully rtl~ that this HOD.Qtablq O)urt consider the fnlqllellcy and $>e:rsistenee of defendant's non-compliance, the Il.lltllre of ~fend.ant's non-complianee, lUld the obvious intentional Dllture of the d.::fendant by failing to v.mfy wbethc:r the collection. amount is valid, a:I te<}uired by !>el1llsylvania law and whether the lltatute of IimitatiotlS ex:pirad. Sg. 1'1!1:lnt\ffre~ctfuUy requeStll that lhis Honorable Court QCrtifY tho: class an.;! award such amount for each named Plaintiff. $1,000.00. plUS such amoLlnt as Ibis HOllCrable Court may allow for all other class members, V,jthoUl ri:lgMi tD a minimum of$500,OOO,QO or one percent ofrh<: net wroth ohhe debt collector, aM. attorney fees of$3;50.00 per hour, and costS as reasonlbly determined by this Ronorable Court. WHEREFORE. Plaintiff teSpeoU'nlly request); that lhis Honorable Court a. Certify.th~ class, b. I\ppOint Plaintiff to repreEclJt the members of thll class, c. Appoint Deanna Lynn Seracco lInd tbo: law firm of Krevsky &- Rosen as coUDSel for the class. d. Declare that deflmdanI's letter violated the FDCPA, by threat;ming to teport an alleged. debt in exoeSll of seven years, e. Declare that defendant's pra.91ices of addUlg l.lt1IawfQI collection foes viol~ --, \'cnnsylvl!1\ia law and the FDCPA, ( Declare tbat defondant'll practioe$ ot: attfJmpting ~ collect on alleged debts after the statute of limitations oxpired, violated Permsylvania law llI1d the PDCP ~ g. Enrcr Judg.menr in favor of Plaintiff IIXld the Class and against Ddendent, for sta~, damages, costs and reasonable attOO1f;1y fees in !ht amount ot'$1S0.00 per hour, h. Chant such furtI1er relief as this HonOlllble C~)Ult deom$ JUSI and proper. . Dated: 6/16/05 By: I~na tvnn SaTa<ll:O Deanna Lynri Saracco Attorney for Plaintiff 76 Gr~ont Drive Bnola, PeMSylvama. 17025 Telephone 717-732-3750 Fax 117-728-9498 Email: saraccoLaw@laol.com Ceriifioate of Service: r hereb). cemfY that II n-ue and wrreer COP)! of the foregoing ''VaS served on mOIne>' for defendant, Charles Boarman, Si= A.ssociares, Inc., 200 Biddle Ave, Suitt; 200, Newark, Delaware, 19702 Dated: 6/16/05 By: Deanl~a i,ynn Sm~ - ~ . .. ^ () ....' 0 C::;l ~ ~~~; "'" -n v' 1... <- '" ,-, c::: [11fOC:: -, j'- ~ ~~ :r,~; --;~ \ , - ~(~.'(~ 0:0 -;.,~ Y"" -"C'; --- :JI~ oC ')." <-",) ~ f"'" ~;'J c~. .. -." ~ .' ~ .(;'