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HomeMy WebLinkAbout06-6783 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff( s) & Addresses Burgess Law Office 4246 Ridgeless Road, Suite 1 Amhurst, NY 14266 if.. ()&/ &tg, ~II Defendant( s) & Addresses William Kufner 21 st Street Camp Hill, P A 17025 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to (X ) Attorney ( ) Sheriff. Deanna Lynn Saracco, Esquire 76 Oreenmont Drive Enola, Pennsylvania 17025 Phone 717-732-3750 SaraccoLaw@aol.com 1)J~AIJ.~ Sigfiature of Attorney Dated: II ~J<t-(){:; WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HA VE COMMENCED AN ACTION AGAINST YOu. ~ ~ f? J!. Prot onotary a BY~'.' d-b:~ Dep (J Dated: 11- X-o&. ~~~ --.... ~ ~~ ~ ,,-, ~. ~ ("~ ~ '-J' ~ c::J\ d 8 ij $: 0'" -ocr.; z cprr'l C L- :t~ < zr' ~~~ ~ kC ~p ~ $c! ~ c:? ~ ~ ~ :2"-, ~~ ~ ?i5 -< ~ v ~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO PLEAD of.o - &7 f3 ~~ TO THE DEFENDANT NAMED HEREIN: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, P A 1-800-990-9108, 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita 0 en persona 0 por abogado y archivar en la corte en forma excrita sus defensas 0 sus objectiones alas demande, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. S1 NO T1ENE ABOGADOO S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECC10N SE PUEDECONSEGU1R ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA William Kufner Plaintiff, Civil Action No.: ()&r (P 78'3 C-l VI c.. v. Burgess Law Office, Defendant. COMPLAINT 1. Plaintiff is an individual, residing in the Commonwealth of Pennsylvania, and consumer pursuant to 15 U.S.C. ~1692a(3). 2. Defendant is a business entity(ies) and a law firm, engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 4246 Ridgeless Road, Suite 1, Amhurst, New York, 14266. 3. On or about June 2006, and through November 2006, Defendant contacted Plaintiff by u.s, Mail and/or telephone calls in an attempt to collect an alleged consumer debt. 4. Defendant is a debt collectors as defined by the state law and the FDCPA. 15 U.S.C. 11692a(6). 5. Defendant sent letters and/or made telephone calls to Plaintiff in June 2006, through November 2006, which are "communications" relating to a "debt" as defined by 15 U.S.C. 1 I 692a(2). 6. At all pertinent times hereto, the defendant was collecting an alleged debt relating to a consumer transaction, pursuant to 15 U.S.C. ~ 1692a(5), (Hereinafter the "alleged debt.") 7. 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 plaintiff s alleged debt. 8. Plaintiff believes and therefore avers that Defendant's letters contained false, misleading, deceptive and/or confusing statements. 9. Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications made false, misleading, deceptive and/or confusing statements. 10, Plaintiff believes and therefore avers that agents of Defendant, in its telephone communications, were rude, beligerent, insulting and harassing to the Plaintiff. 11. Defendant is a law firm, not licensed to practice law in Pennsylvania. 12. Plaintiff believes and therefore avers that Defendant uses is position and title as attorneys in order to add heightened urgency and intimidation to its collection practices. 13. Defendant uses is attorney status to make false, misleading and/or deceptive representation and/or implications that it has authority to take legal action in Pennsylvania, 14. Defendant failed to make clear to the Plaintiff that it has no authority to take legal action in Pennsylvania. 15. Consumers are hurt by these tactics, 16. At all pertinent times hereto, the alleged debt is barred by the statute of limitations. 17. Plaintiff disputes the alleged debt and hereby requests proof of the manner in which the alleged debt was calculated, as is required by state and federal law. COUNT I - PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 18. Plaintiff hereby incorporates the foregoing as if fully stated herein. 19. Jurisdiction for this Action is asserted pursuant to the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. ~2270 et seq. 20. Violating provisions of the Fair Debt Collection Practices Act also violate the , Pennsylvania FCEU, 73 P.S. ~2270.4(a). 21. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by FCEU and the regulations, including but not limited to, violations of37 Pa,Code ~S303.3(3), 303.3(14), 303.3(18), 303.6 and 73 P.S, 9201-2(4), 22, Defendant's acts as described herein were done with malicious, intentional, willful, reckless, negligent and wanton disregard for Plaintiff s rights with the purpose of coercing Plaintiff to pay the alleged debt. 23. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 2207.5. COUNT II - PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 24. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 25. Jurisdiction for this action is asserted pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 9201-1 et seq. 26. That defendant engaged in unfair methods of competition and unfair or deceptive acts or practices, as defined by UTPCPL. 27. As a result of the above violations, Plaintiff is entitled to statutory, actual, treble and punitive damages and attorney's fees and costs. WHEREFORE, plaintiff requests that this Honorable Court issue judgment on Plaintiffs behalf and against defendant for a statutory penalty, treble damages, punitive damages, attorney fees and costs pursuant to 73 P.S. 9201-902. " COUNT III - FAIR DEBT COLLECTION PRACTICES ACT 28. Plaintiff hereby incorporates the foregoing as if fully set forth herein. 29. Jurisdiction for this action is asserted pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. S1692, et seq. ("FDCPA"), particularly 15 U,S.C. SI692k(d) and 28 U.S,C. S1337. 30. Venue lies in this District pursuant t028 U.S,C. 1391(b). 31. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 U.S.C. S 1692n. 32. Plaintiff believes and therefore avers that defendant does not have proper assignment of the claim, and is therefore, unable to collect the alleged debt pursuant to 18 Pa,C.S, s7311(a)(1) and (2). 33. Plaintiff believes and therefore avers that defendant does not have proper assignments and/or documentation permitting said defendants to charge interest, fees and/or costs. 18 Pa.C.S. S73112(b)(1). 34. The FDCPA states that a violation of state law is a violation of the FDCPA. 15 V.S.C. S I 692n. Defendant violated this section of the FDCP A. 35. Plaintiff believes and therefore avers that defendant added interest, fees and costs in violation of state and federal law, 36. Defendant in its collection efforts, demanded interest, fees and/or costs in violation of the FDCPA, 15 U.S.C. SI692f(1) and 1692e(2)A and B. 37. There was never an express agreement by Plaintiff to pay any additional fees, cost or interest to Defendant or any of its agents, 38. On or about June 2006, the Burgess Law Firm contacted Plaintiff regarding payment for a Gateway computer, that was purchased in 2001. 39. Despite having no record of the alleged debt, Plaintiff attempted to send a Western Union payment to the defendant. 40. The reason that Plaintiff agreed to send any payments to the defendant was that, the defendant told Plaintiff that if payment was not made, "the sheriff would take you out of your house in shackles." 41. Defendant's agent, Mr. Carson, told Plaintiff that he would be arrested. 42. Defendant's agent, Mr. Carson, discussed the alleged debt with Plaintiff's girlfriend, asking her to pay the alleged debt to keep Plaintiff out of jail. 43. In response to that threat, Plaintiff gave an electronic check number, however, he withdrew/revoked consent because he simply did not have the funds. 44. The defendant attempted to make an electronic withdrawal from Plaintiff s account, despite consent being revoked. 45. Defendant's agent continued to call Plaintiff and threaten to have Plaintiff arrested. 46. On or about November 15,2006, defendant's agent, Mr. Carson, called Plaintiff and told him that the sheriff would be at Plaintiffs house at 2:00 p.m, in order to arrest Plaintiff and take him to jail in shackles. 47. Plaintiff contacted several attorneys and was referred to his current attorney and this lawsuit followed. 48. 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. ~1692f. Defendant violated this section of the FDCP A. 49. 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. S 1692e( 5) and (10), S 1692f(8) and ~ 1692j. Defendant violated these sections of the FDCP A. 50. The FDCP A states, a debt collector may not discuss the consumers alleged debt with a third party. The Defendant violated this section of the FDCP A. 51. The FDCP A states, a debt collector may not make the representation or implication that non-payment of any debt will result in the arrest or imprisonment of any person. 15 V.S.C. ~1692e(4). Defendant violated these sections of the FDCPA. 52, 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 ofa debt. 15 U.S,C. 91692d, Defendant violated this section of the FDCPA. 53. The FDCPA provides certain rights to the consumer regarding her right to dispute the alleged debt, 15 U.S.C. 91692g. Defendant violated this section of the FDCPA. 54. Any threat of litigation is false if the defendant rarely, sues consumer debtors or if the defendant did not intend to sue the Plaintiff. Bently v. Great Lakes Collection Bureau, 6 F.3d 62 (2d Cir, 1998). See also, 15 U.S.C, ~1692e(5), 15 U.S.C. ~1692e(10), 55. Courts have held that the threat of litigation is present simply because the letter comes from an attorney; the letter need not explicitly threaten suit. Crossley v. Lieberman, 868 F.2d 566 (3d Cir. 1989). United States v. Central Adjustment Bureau, 667 F, Supp. 370, 397 (N.D. Tex. 1986). 56. An attorney's interstate collection contacts must avoid misrepresenting the attorney's authority to sue where he or she is not admitted to practice. Crossley v. Lieberman, 868 F 2d 566 (3d Cir. 1989). ,. 57. Defendant's contacts would easily confuse the least sophisticated consumer and cause the consumer to falsely believe that he/she could be sued in an out-of-state court. Rosa v. Gaynor, 704 F. Supp. 1 (D. Conn. 1989). 58. 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. 59. 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. 60. The above mentioned acts with supporting cases demonstrates that the conduct of defendants rises to the level needed for punitive damages. 61. Defendant, in its collection efforts, violated the FDCP A, inter alia, Sections 1692, b, c, d, e, f, g, h, and/or n, 62. Defendant, in its collection efforts, used false or deceptive acts and intended to oppress and harass plaintiff. 63. That, as a result of the wrongful tactics of defendants as aforementioned, plaintiff has been subjected to anxiety, harassment, intimidation and annoyance for which compensation is sought. WHEREFORE, Plaintiff respectfully requests that his Honorable Court enter judgment for Plaintiff and against defendant and issue an Order: (A) Award Plaintiff statutory damages in the amount of One Thousand Dollars ($1,000.00) for each violation of the FDCPA or each separate and discrete incident in which defendants have violated the FDCP A. (B) Award Plaintiff general damages and punitive damages for anxiety, harassment, and intimidation directed at Plaintiff in an amount not less than Ten Thousand Dollars ($10,000.00), as well as the repetitive nature of defendants form letters. C) Award Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of$350.00Ihour for hours reasonably expended Plaintiffs attorney in vindicating his rights under the FDCPA, permitted by 15 U.S.C. gI692k(a)(3). (D) Award declaratory and injunctive relief, and such other relief as this Honorable Court deems necessary and proper or law or equity may provide. Dated: 11/30106 By: I '/ e a ynn Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, P A 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@ao1.com g, <:::? cr e? rr'\ ("') \ ...J .,,::.... ~ :?--r. fI'r::. :~8 ~;, ::;~) .1.) ...,....l,L...... _..\~.:\-\ ;].(:-> ,'.."'.... c.1' . ..~ ""'C'" ~~ !,:. ".:."'.. - v:> -.\ McBREEN & KOPKO BY: Thomas J. Bradley, Esquire Christopher J. Boyle, Esqui~ Identification Nos.: 33467 & 87482 Eight Penn Center, Suite 1400 1628 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 864-2600 Attorney for Defendant, Burgess Law Office WILLIAM KUFNER COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. CIVIL ACTION NO: 06-6783 BURGESS LAW OFFICE Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance ofthe undersigned as attorneys for defendant, Burgess Law Office, in the above-captioned matter. McBREEN & KOPKO By: ThO~ESqUire Christopher J, Boyle, Esquire Attorneys for Defendant, Burgess Law Office Dated: January 3,2007 ", To Plaintiff: You are hereby notified to plead to the enclosed New Matter within tw nty (20) days of service thereof or a default judgm t a entere 'nst you. By: Thomas J. Bradley, Esquire ChristopherJ.Boyffi,Esquife McBREEN & KOPKO BY: Thomas J. Bradley, Esquire Christopher J. Boyle, Esquire Identification Nos.: 33467 & 87482 Eight Penn Center, Suite 1400 1628 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 864-2600 Attorney for Defendant, Burgess Law Office WILLIAM KUFNER COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. CIVIL ACTION NO: 06-6783 BURGESS LAW OFFICE Defendant JURY TRIAL DEMANDED DEFENDANT'S, BURGESS LAW OFFICE, ANSWER TO PLAINTIFF'S COMPLAINT Defendant, Burgess Law Office, by and through its attorneys, McBreen & Kopko, hereby states as follows by way of Answer to plaintiff's Complaint: 1. Answering defendant is without information sufficient to form a belief as to the truth of the averment and the same is, therefore, denied. 2. Denied as stated pursuant to Rule 1029. 3. Denied as stated pursuant to Rule 1029. 4, The averment ofthis paragraph constitutes a conclusion of law and the same is, therefore, denied, ", 5. The averment of this paragraph constitutes a conclusion of law and the same is, therefore, denied. 6. The averment of this paragraph constitutes a conclusion of law and the same is, therefore, denied. 7. Denied pursuant to Rule 1029. 8. It is specifically denied that the defendant ever engaged in false, misleading, deceptive and/or confusing communication with plaintiff herein. 9. It is specifically denied that the defendant ever engaged in false, misleading, deceptive and/or confusing communication with plaintiff herein. 10. Denied pursuant to Rule 1029, 11. Denied pursuant to Rule 1029. 12. Denied pursuant to Rule 1029. 13, Denied pursuant to Rule 1029. 14. Denied pursuant to Rule 1029. 15. Denied pursuant to Rule 1029. 16. The averment of this paragraph constitutes a conclusion of law and the same is, therefore, denied. 17. The averment of this paragraph is one that cannot be responded to with an admission or denial pursuant to Rule 1029. To the extent this paragraph alleges that the plaintiff disputes a debt, answering defendant is without sufficient information to form a belief as to the truth of the averment. COUNT I PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT 18. Defendant incorporates the preceding paragraphs by reference herein. ". I 19. The averment ofthis paragraph constitutes a conclusion of law and the same is, therefore, denied. 20. The averment ofthis paragraph constitutes a conclusion of law and the same is, therefore, denied, 21. The averment of this paragraph constitutes a conclusion of law and the same is, therefore denied, It is specifically denied that the defendant violated the FCEU at any time relative to this action. 22. Denied pursuant to Rule 1029, 23. Denied pursuant to Rule 1029. WHEREFORE, defendant requests that this Court dismiss plaintiff's Complaint with prejudice and provide such other and further relief as this Court deems appropriate. COUNT II PENNSYLVANIA UNFAIR TRADE PRACTICES & CONSUMER PROTECTION LAW 24. Defendant incorporates the preceding paragraphs by reference herein. 25. The averment of this paragraph constitutes a conclusion of law and the same is, therefore, denied. 26. Denied pursuant to Rule 1029. 27. Denied pursuant to Rule 1029. WHEREFORE, defendant requests that this Court dismiss plaintiff's Complaint with prejudice and provide such other and further relief as this Court deems appropriate, COUNT III FAIR DEBT COLLECTION PRACTICES ACT 28. Defendant incorporates the preceding paragraphs by reference herein. 29. The averment ofthis paragraph constitutes a conclusion of law and the same is, therefore, denied. 30. The averment ofthis paragraph constitutes a conclusion of law and the same is, therefore, denied. 31. The averment of this paragraph constitutes a conclusion of law and the same is, therefore, denied. 32. Denied pursuant to Rule 1029. 33, Denied pursuant to Rule 1029. 34. It is specifically denied that defendant violated the section of FDCPA allegedly violated. 35. Denied pursuant to Rule 1029. 36. Denied pursuant to Rule 1029. 37, Answering defendant is without sufficient information to form a belief as to the truth of this averment and the same is, therefore, denied. 38. Denied as stated pursuant to Rule 1029. 39. Answering defendant is without sufficient information to form a belief as to the truth of this averment and the same is, therefore, denied. 40. Answering defendant is without sufficient information to form a belief as to the truth of this averment and the same is, therefore, denied, 41. Denied pursuant to Rule 1029, 42. Denied pursuant to Rule 1029. 43. Answering defendant is without sufficient information to form a belief as to the truth of this averment and the same is, therefore, denied. 44. Denied pursuant to Rule 1029. 45. Denied pursuant to Rule 1029, 46. Denied pursuant to Rule 1029. 47. Answering defendant is without sufficient information to form a belief as to the truth of this averment and the same is, therefore, denied. 48. It is specifically denied that defendant violated any section of the FDCPA as alleged, 49. It is specifically denied that defendant violated any section of the FDCPA as alleged. 50, It is specifically denied that defendant violated any section of the FDCPA as alleged. 51. It is specifically denied that defendant violated any section of the FDCPA as alleged. 52. It is specifically denied that defendant violated any section of the FDCPA as alleged. 53, It is specifically denied that defendant violated any section of the FDCPA as alleged. 54. The averment of this paragraph constitutes a conclusion of law and the same is, therefore, denied, 55. The averment of this paragraph constitutes a conclusion of law and the same is, therefore, denied. 56, The averment ofthis paragraph constitutes a conclusion of law and the same is, therefore, denied. 57, The averment of this paragraph constitutes a conclusion of law and the same is, therefore, denied. 58. Denied pursuant to Rule 1029. 59. Denied pursuant to Rule 1029. 60, Denied pursuant to Rule 1029. 61. It is specifically denied that answering defendant violated the FDCPA as alleged. 62, It is specifically denied that defendant false or deceptive acts and intended to oppress and harass the plaintiff herein, 63. Denied pursuant to Rule 1029, WHEREFORE, defendant requests that this Court dismiss plaintiff's Complaint with prejudice and provide such other and further relief as this Court deems appropriate. NEW MATTER 64, Plaintiff fails to state a claim under the FDCPA upon which relief may be granted, 65, Plaintiff fails to state a claim under the FCEUA upon which relief may be granted and is, therefore, barred from seeking relief under the UTPCPL. 66. Plaintiff is barred from recovering damages under both the FDCPA and the UTPCPL based on a violation of the FCEUA because remedies available for violations of the FCEUA and the FDCPA shall not cumulative and debt collectors who violate the FCEUA shall not incur cumulative penalties. 73 P.S. 92270.5(c). 67, If plaintiff suffered injuries and/or damages, the same being fully denied, then said injuries or damages resulted from plaintiff's own conduct and/or resulted from the acts or omissions of third parties over whom answering defendant exercised no control and for I' I I whose conduct answering defendant is not responsible. 68, In the event that plaintiff is found to have properly plead and succeeds with his claim for a violation of the FDCPA, plaintiff's entitlement to damages under the FDCPA is capped at $1,000 per action and not per violation. 69, Plaintiff has incurred no actual damages as a result of the conduct alleged on the part of answering defendant. 70, Inasmuch as plaintiff did not incur any ascertainable loss of money or property, real or personal, in detrimental reliance on the conduct of answering defendant, plaintiff is not entitled to seek a remedy under the UTPCPL for the alleged violations of the FCEUA. 71. To the extent plaintiff establishes that any type of violation did occur, any such violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. 72, Plaintiff's claims are barred by plaintiff's failure to mitigate her damages. 73. Plaintiff is not entitled to emotional distress damages under the FCEUA's exclusive remedy set out in the UTPCPL. WHEREFORE, defendant, Burgess Law Office, respectfully requests that this Honorable Court enter judgment in its favor and dismiss plaintiffs Complaint in its entirety with prejudice and enter such other and further relief as this Court deems appropriate. McBREEN & KOPKO By: ~. T as J. Bradley, Esquire Christopher J. Boyle, Esquire Attorneys for Defendant, Burgess Law Office Dated: January 3,2007 VERIFICATION I, Christopher J. Boyle, Esquire, states that I am counsel for the defendant, Burgess Law Office, that I am authorized to make this Verification on behalf of said Defendant, and that the facts set forth in the foregoing Answer to plaintiff's Complaint are true and correct to the best of my knowledge information and belief. I take this Verification subject to the provisions of 18 Pa. C.S.A.~4903 relating to unsworn falsification to authority. ~ Christopher J. Boyle, Esquire 0 J"oo,) c c::::t ~ :;;- l:::) ~Q~~; ~ L ~:n > -".. :z I ~~ c.n -0 ::r::tJ :x (5-1 70 2: ~ Om -1 .::;- ~ -, -.J -< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA William Kufner Plaintiff, v. Civil Action No.:06-6783 Burgess Law Office, Defendant. PRAECIPE TO DISCONTINUE Pursuant to Pa. R.c.P. 229 WITHOUT PREJUDICE And now comes Plaintiff, by and through his counsel, Deanna Lynn Saracco, and files this Praecipe to Discontinue, without Prejudice, the above captioned matter. After further investigation, the Plaintiff believes that the issues in this case will be better served as both an individual and class action, pursuant to federal law, specifically, 15 U.S.c. S1692 et seq., known as the Fair Debt Collection Practices Act. The Plaintiff intends to drop all state actions and raise only the federal causes of action. The Defendant will not be prejudices since the complaint will remain virtually the same and FDCP A actions are routinely pursued in federal court. This case should be discontinued and you may mark this case CLOSED. Dated: 1/8/06 Dea a Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PAl 7025 717-732-3750, Fax, 717-728-9498 Certificate of Service: I hereby certify that I served, via U.S. Mail, postage prepaid, to the defendant as follows: Christopher J. Boyle McBreen & Kopko Eight Penn Center, Suite 1400 Philadelphia, P A 19103 Dated: 1/8/07 1Okkj-- Deanna Lynn Saracco (") s-;: ~:.," -cIC,~ rtl fj , ~~"~\ U),"": ~l~ ~gE );"c ~ -<. ,....:) <;:::> = -.I <- :1="'" :z: o -n -l ::::C,., f11p -om -oQ C),(') 7: :r{ ~ -- ~ (") - rTl S ~ co ::P>' :1t cp (J1