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GREER v. SHAPIRO & KREISMAN

April 17, 2001

MARY M. GREER
v.
SHAPIRO & KREISMAN



The opinion of the court was delivered by: Herbert J. Hutton, J.

  MEMORANDUM AND ORDER

Presently before this Court are Defendant's Motion to Dismiss Plaintiff's Complaint (Docket No. 2); Plaintiff's Answer to Motion to Dismiss Filed by Defendant Shapiro & Kreisman (Docket No. 8); Reply Memorandum of Law in Support of Defendant's Motion to Dismiss (Docket No. 10) and Plaintiff's Sur-Reply Brief in Opposition to Defendant's Reply Memorandum of Law in Support of Defendant's Motion to Dismiss (Docket No. 11). For the reasons stated below, Defendant's Motion is DENIED.

I. BACKGROUND

On or about December 3, 1999, Defendant sent Plaintiff a collection letter in an attempt to collect from Plaintiff an alleged debt in the amount of $4,953.49. See Pl.['s] Compl., ¶ 8. The letter read in full as follows:

NOTICE PURSUANT TO THE FAIR DEBT COLLECTION

PRACTICESACT, 15 U.S.C. § 1692 et seq.

TO: Mary M. Greer

RE: Mortgage dated March 29, 1991 on property at 6712 Egret Place, Philadelphia, PA 19142

Please be advised that your delinquent account has been referred to our firm for the institution of legal proceedings against you and your property. Legal proceedings have been instituted or will be instituted as soon as possible notwithstanding this Notice. We are attempting to collect a debt that you owe the present creditor and any information we obtain will be used for that purpose.

In accordance with the above Act, you are hereby notified of the following information:

(1) The amount of the debt as of 12/3/99 is $4,953.49.

(2) The name of the creditor to whom the debt is owed: Fleet Mortgage Corp.
(3) Unless you, within thirty days after receipt of this Notice, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid.
(4) If you notify us in writing within thirty days after receipt of this Notice, that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of any judgment against you representing the debt and a copy of such verification will be mailed to you.
(5) Upon your written request directed to the above within thirty days after the receipt of this Notice, we will provide you with the name and address of the original creditor, if different from the current creditor.

Very truly yours,

SHAPIRO & KREISMAN

By: Samantha A. Clifford, Attorney for Plaintiff

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY ...


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