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`Exhibit A
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`

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`Yongmoon Kim-026122011
`Philip D. Stern-045921984
`KIM LAW FIRM LLC
`411 Hackensack Avenue, Suite 701
`Hackensack, New Jersey 07601
`Tel. & Fax (201) 273-7117
`Email: ykim@kimlf.com
`Attorneys for Plainti,
`
`SVETLANA LERNER,individually and on
`behalf of those similarly, situated,
`
`LAW DIVISION—ESSEX COUNTY
`
`Defendants. SUPERIOR COURT OF NEW JERSEY
`
`vs.
`
`CELENTANO, STADTMAUER &
`WALENTOWICZ, LLP,
`THE VALLEY HOSPITAL,
`and JOHN DOES1-10,
`
`Plaintiff,
`
`Civil Action
`
`Docket No. ESX-L-
`
`-22
`
`CLASS ATION COMPLAINT
`AND JURY DEMAND
`
`Plaintiff, Svetlana Lerner, individually and on behalfofall others similarly
`
`situated, by way of Complaint against Defendant Celentano, Stadtmauer & Walentowicz,
`
`LLP (“CSW”) and Defendants John Does 1-10 (collectively, the “Debt Collector
`
`Defendants”), and Defendant The Valley Hospital, says:
`
`I.
`
`FACTUAL ALLEGATIONS.
`
`1.
`
`2.
`
`3.
`
`Lerneris a natural person.
`
`CSW regularly attempts to collect debts on behalf of others.
`
`On March 3, 2021, CSW filed a Collection Complaint which commenced
`
`a Collection Action in the Superior Court of New Jersey titled The Valley Hospitalv.
`
`Svetlana Lerner and identified in that court by Docket No. BER-DC-002902-21.
`
`4.
`
`The Collection Complaint alleged that Lerner incurred a financial
`
`obligation (““Debt’’) to The Valley Hospital for hospital services provided to Lerner and
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`that the unpaid balance due for those services and owed by Lerner was $472.25.
`
`5.
`
`The Debt wasplaced with CSW for collection after The Valley Hospital
`
`concluded that Lerner had defaulted on her financial obligations to pay it $472.25.
`
`6.
`
`In the Collection Complaint, CSW demanded a judgment“for
`
`compensatory damages in the amount of $472.25, interest, attorney’s fees, costs of suit
`
`and for such other and further relief as the court may deem to be equitable and just.”
`
`7.
`
`If, in fact, the unpaid balance due from Lerner and owed to The Valley
`
`Hospital was $472.25, The Valley Hospital wasentitled to recover $472.25 and costs of
`
`suit.
`
`8.
`
`Pursuant to N.J.S.A. 22A:2-42!, costs of suit include a statutory attorney’s
`
`fees. Thus, because the statutory attorney’s fee is included in the Collection Complaint’s
`
`demandforcosts of suit, the Collection Complaint’s separate demandfor attorney’s fees
`
`is a demandfor either contractual attorney’s fees or attorney’s fees pursuantto a fee-
`
`shifting statute.
`
`9.
`
`In fact, no basis in fact or law existed for the Collection Complaint’s
`
`demandfor “attorney’s fees.” Specifically, in response to Lerner’s Interrogatory No. 2?
`
`'N.J.S.A. 22A:2-42 provides, in pertinentpart:
`
`There shall be taxed by the clerk of the Superior
`Court, Law Division, Special Civil Part in the costs
`against the judgment debtor, a fee to the attorney of
`the prevailing party, of five per centum (5%) of the
`first five hundred dollars ($500.00) of the judgment,
`and two per centum (2%) of any excess thereof.
`
`? Interrogatory No. 2 made the following request:
`
`Whatis the factual basis for including attorneysfees
`in the Complaint’s demand for a judgment against
`Svetlana Lerner? If the source of any information
`
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`served in the Collection Action, The Valley Hospital responded:
`
`VALLEYobjects to this interrogatory. The question
`is improperly directed to Plaintiff, Valley, and would
`be more appropriately directed to [Valley’s] counsel.
`
`10.
`
`Based on the responseto Interrogatory No. 2, The Valley Hospital did not
`
`have a claim for contractual attorney’s fees or for attorney’s fees under a fee-shifting
`
`statute.
`
`11.
`
`Pursuant to R. 4:42-11, interest accrues on judgments, but prejudgment
`
`interest is only recoverable in tort actions. A claimant mayalso be entitled to interest
`
`pursuantto a contract or a statute which provides for prejudgmentinterest.
`
`12.|The Collection Action wasnot a tort action.
`
`13.
`
`Inthe Collection Action, neither CSW nor The Valley Hospital produced
`
`any materials demonstrating The Valley Hospital’s claim,right, or entitlement to pre-
`
`judgmentinterest by way ofcontract, statute, or otherwise.
`
`14.
`
`On May 25, 2021, CSW filed The Valley Hospital’s motion for summary
`
`judgment which includeda certification in lieu of affidavit made by Yolanda Morera as
`
`The Valley Hospital’s Manager of Patient Financial Services which authenticated and
`
`attached three documentary exhibits of which Exhibits A and B contained the insurance
`
`policy number for Lerner’s health insurance policy.
`
`15.|Whenfiling the summary judgment motion, CSW representedto the court
`
`that all confidential personal identifiers had been removed from the motion.
`
`16.|Pursuant to R. 1:38-7, an insurance policy numberis a confidential
`
`responsive to this Interrogatory is documentary,
`provide a copy of each document.
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`personalidentifier.
`
`17.
`
`The disclosure of a confidential personal identifier places the affected
`
`personat risk for harm including but not limited to identity theft and liability for
`
`insurance fraud.
`
`18.|After demand, CSW and The Valley Hospital consented to the entry of an
`
`Order in the Collection Action to delete Exhibits A and B and to replace them with
`
`redacted versions which did not disclose Lerner’s health insurance policy number. The
`
`Order was entered on February 11, 2022.
`
`19.
`
`Lerneris informed and believes, and on that basis alleges, that John Does
`
`1-10 are natural persons and/or business entities who personally created, instituted and,
`
`with knowledge that such practices were contrary to law, acted consistent with and
`
`oversaw policies and procedures used by CSW andits employeesthat are the subject of
`
`this Complaint. John Does 1-10 personally controlthe illegal acts, policies, and practices
`
`utilized by CSW and,therefore, are personally liable for the wrongdoingalleged in this
`
`Complaint but Plaintiff does not know the true namesofthose persons.
`
`Il.
`
`CLASS ALLEGATIONS
`
`20.—_Lernerbringsthis action individually and asa class action on behalf ofall
`
`other persons similarly situated.
`
`21.
`
`Subject to discovery and further investigation which may cause Lernerto
`
`modify the class definition to be more inclusiveor less inclusive, Plaintiff defines two
`
`classes as follows:
`
`The “FDCPA Class” consisting of each natural
`person against whom Celentano, Stadtmauer &
`Walentowicz, LLP (“CSW”) commenced a civil
`action in the Superior Court of New Jersey on behalf
`of The Valley Hospital (“Valley”) in an attempt to
`
`page 4 of 11
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`collect a debt allegedly owed bythat person to Valley
`and, in that civil action, either:
`(a)
`the complaint was filed on or after
`March 2,
`2021
`and sought or
`demanded recovery of
`“interest,
`attorneys fees, [and] costs;” or
`CSW or Valley filed a document on
`or after March 2, 2021 containing the
`numberof a health insurance policy.
`
`(b)
`
`and
`
`The “Injunctive Class” consisting of each natural
`person against whom Celentano, Stadtmauer &
`Walentowicz, LLP (“CSW”) commenced a civil
`action in the Superior Court of New Jersey on behalf
`of The Valley Hospital (“Valley”) in an attempt to
`collect a debt allegedly owed bythat person to Valley
`and,
`in that civil action, CSW or Valley filed a
`document containing the number of a health
`insurancepolicy.
`
`22.
`
`Subject to discovery and further investigation which may cause Lernerto
`
`modify the definition of the FDCPA Class’s claims to be more inclusiveor less inclusive,
`
`Lerner defines the FDCPA Class’s claims as follows:
`
`the Fair Debt Collection
`Claims arising under
`Practices Act based on or arising from a civil action
`commenced
`by
`Celentano,
`Stadtmaver &
`Walentowicz, LLP in the Superior Court of New
`Jersey on behalf of The Valley Hospital.
`
`23.
`
`Subject to discovery and further investigation which may cause Lerner to
`
`modify the definition of the Injunctive Class’s claims to be more inclusiveorless
`
`inclusive, Lerner defines the Injunctive Class’s claims as follows:
`
`Claims arising under from the filing of a document
`containing a health insurance policy numberinacivil
`action commenced by Celentano, Stadtmauer &
`Walentowicz, LLP in the Superior Court of New
`Jersey on behalf of The Valley Hospital.
`
`24.
`
`Based on discovery and further investigation (including but not limited to
`
`page 5 of 11
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`the class size and the net worth of the Debt Collector Defendants), Lerner may,in
`
`addition to movingfor class certification using modified definitions of the FDCPA Class
`
`or the Injunctive Class or of either class’s claims, seek class certification only as to
`
`particular issues.
`
`25.
`
`Based ona search through eCourts, Lerner’s counsel has identified
`
`approximately sixty lawsuits commenced by CSW on behalf of The Valley Hospital in
`
`which CSW demandedrecovery ofinterest and attorney’s fees.
`
`26.
`
`The identity of each memberof each Classis readily ascertainable from
`
`Defendants’ records.
`
`27.
`
`This action has been brought, and may properly be maintained,as a class
`
`action becausethere is a well-defined community interest in the litigation in that:
`
`27.01.
`
`Numerosity. Lerner is informed and believes, and on that basis
`
`alleges, that the members of the Class are so numerousthat joinderofall
`
`members would be impractical. On information and belief, there are at
`
`least 40 membersof the Class.
`
`27.02.
`
`Commonality. Commonquestionsof law andfact exist asto all
`
`membersof the Class including Defendants’ conduct as described in the
`
`Allegations of Fact was the same or substantially similar with respect to
`
`Defendants’ attempts to collect debts from Lerner and the members of the
`
`Class.
`
`27.03.
`
`Typicality. Lerner’s claimsare typical of the claims of the class
`
`members. Lerner and all members of the Class have claimsarising out of
`
`Defendants’ commonand uniform course of conduct with respect to each
`
`page 6 of 11
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`of them as set forth in the Allegations of Fact.
`
`27.04.
`
`Adequacy. Lernerwill fairly and adequately protect the interests of
`
`the class membersinsofar as Lerner has nointerests that are known or
`
`believed to be adverse to the absent class members. Lerner is committed to
`
`vigorously litigating this matter. Lerner has also retained counsel
`
`experienced in handling consumerlawsuits, complex legal issues, and
`
`class actions. Lerner and Lerner’s counsel have no interests which might
`
`cause them notto vigorously pursue the instant class action lawsuit.
`
`28.
`
`This action may be maintained as a “Bla-class”, a “B2-class”, a “B3-
`
`class’, or a hybrid of any twoorall three types however, at the time of commencingthis
`
`action, Plaintiff expects to maintain the class under B2 and B3.
`
`HI.
`
`FIRST COUNT FOR RELIEF UNDER THE FAIR DEBT COLLECTION
`PRACTICES ACT.
`
`29.
`
`30.
`
`31.
`
`32.
`
`Lerner realleges and incorporates by reference the Allegationsof Fact.
`
`Lerner is a “consumer” within the meaning of 15 U.S.C. § 1692a(3).
`
`CSWis a “debt collector” within the meaning of 15 U.S.C. § 1692a(6).
`
`Each of thefictitiously named John Does 1-10 is a “debt collector” within
`
`the meaning of 15 U.S.C. § 1692a(6).
`
`33.
`
`The Debt Collector Defendants failed to comply with the FDCPA with
`
`respect to Lerner.
`
`34.
`
`The Debt Collector Defendants failed to comply with the FDCPA with
`
`respect to each memberofthe Class.
`
`35.|Applying the law to the Allegations of Fact, the Debt Collector
`
`Defendants’ failure to comply with the FDCPAincludesbutis not limited to 15 U.S.C.
`
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`§§ 1692d, 1692e, and 1692f which respectively prohibits the use of: (i) any conduct the
`
`natural consequenceof whichis to harass, oppress, abuse any person in connection with
`
`the collection of a debt, (ii) the use of false, deceptive, or misleading meansor
`
`representations in connection with the collection of any debt, and (iii) unfair or
`
`unconscionable meansto collect or attempt to collect a debt.
`
`36.
`
`Based on any oneviolation of the FDCPA,the Debt Collector Defendants
`
`are liable to Plaintiff and, if this case is maintained as a class action under R. 4:32, to the
`
`Class, for monetary relief as provided for under 15 U.S.C. § 1692k(a) (including but not
`
`limited to attorney’s fees) and for injunctive relief as provided for under Loigmanv.
`
`Kings Landing Condo. Ass’n, Inc., 324 N.J. Super. 97, 108 (Ch. Div. 1999).
`
`IV.
`
`SECOND COUNT FOR INJUNCTIVE RELIEF COURT RULE1:38-7(g).
`
`37.
`
`38.
`
`Lerner realleges and incorporates by reference the Allegations of Fact.
`
`Defendants violated Court Rule 1:38-7(b) because they submitted to the
`
`court in the civil action commenced by CSWto collect a debt allegedly owed to The
`
`Valley Hospital a document whichset forth a confidential personal identifier—
`
`specifically, an insurance policy number.
`
`39.
`
`Pursuant to Court Rule 1:38-7(g)(1), a party or other interested person
`
`may request that the court replace a documentthat contains confidential personal
`
`identifiers contrary to R. 1:38-7(b) with a redacted version.
`
`40.
`
`Pursuant to Court Rule 1:38-7(g)(2), if the court is satisfied that the
`
`confidential personal identifier should not be in the document, it may order that the court
`
`may direct the clerk to replace the original unredacted documentwith a redacted
`
`document.
`
`41.
`
`Pursuant to Court Rules 1:38-7(g)(2) and (3), the obligation to provide the
`
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`clerk with the redacted documentrests with the party that submitted the document
`
`containing the confidential personalidentifiers (in this case, The Valley Hospital) or the
`
`attorney for that party (in this case, CSW).
`
`V.
`
`PRAYER FOR RELIEF.
`
`42.
`
`WHEREFORE,Plaintiff Svetlana Lerner, respectfully requests that the
`
`Court enter judgmentas follows:
`
`42.01.
`
`With respect to the First Count, judgment against Defendant
`
`Celentano, Stadtmauer & Walentowicz, LLP and Defendants John Does1-
`
`10, jointly and severally, for the following:
`
`(A)
`
`Certifying that the First Count may be maintainedas a class
`
`pursuant to R. 4:32 including defining the FDCPA Class,
`
`defining its claims, and appointing Lerner’s attorneys as class
`
`counsel;
`
`(B)
`
`Awarding statutory damages for Plaintiff pursuant to 15 U.S.C.
`
`§ 1692k(a)(2)(A) and § 1692k(a)(2)(B)(i);
`
`(©)
`
`Awarding of statutory damagesfor the Class pursuant to 15
`
`U.S.C. § 1692k(a)(2)(B)(ii);
`
`(D)
`
`Adjudging this action to be a successful action under 15 U.S.C.
`
`§ 1692k(a)(2)(B)(3) and awarding reasonable attorneys’ fees
`
`includinglitigation expenses;
`
`Awardingcosts of suit as allowed by law; and
`
`For such other andfurther relief as may be just and proper.
`
`(E)
`
`(F)
`
`42.02.
`
`With respect to the Second Count, judgmentagainst all Defendants
`
`as follows:
`
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`(A)
`
`Certifying that the Second Count may be maintainedas a class
`
`pursuant to R. 4:32 including defining the Injunctive Class,
`
`defining its claims, and appointing Lerner’s attorneysas class
`
`counsel;
`
`(B)
`
`—Enjoining and compelling Defendants to supply the clerk with
`
`a redacted version of the documents filed by them in the
`
`actions they brought against Plaintiff and the members of the
`
`Class which contained a confidential personal identifier;
`
`(C)
`
`Awarding attorney’s fees based on the value of the injunctive
`
`relief;
`
`(D)
`
`Awarding costs of suit as allowed by law; and
`
`(E)_For such other andfurther relief as may be just and proper.
`
`VI.
`
`JURY DEMAND.
`
`43.|Demandis hereby madefortrial by jury.
`
`Dated: March 2, 2022
`
`Kim Law Firm LLC
`Attorneysfor Plaintiff, Svetlana Lerner
`
`s/ Philip D. Stern
`Philip D. Stern
`
`VII.
`
`DESIGNATION OF TRIAL COUNSEL
`
`Pursuant to R. 4:25-4, Yongmoon Kim is designatedas trial counsel for Plaintiff.
`
`Vil.
`
`CERTIFICATION
`
`Pursuant to Rule 4:5-1, I hereby certify to the best of my knowledgethat the
`
`matter in controversy is not the subject of any action pending in any court or the subject
`
`of a pending arbitration proceeding,noris any other action orarbitration proceeding
`
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`contemplated.
`
`Thereby certify that pursuant to Rule 1:38-7: All confidential identifiers of the
`
`parties to this action have been redacted from all documents or pleadings submitted to the
`
`Court.
`
`Dated: March 2, 2022
`
`s/ Philip D. Stern
`Philip D. Stern
`
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`Civil Case Information Statement
`
`Case Details: ESSEX | Civil Part Docket# L-001440-22
`
`Case Caption: LERNER SVETLANA VS CELENTANO
`STADTMAUER & WALEN
`
`Case Type: COMPLEX COMMERCIAL
`Document Type: NJ eCourts CaseInitiation Confirmation
`
`CaseInitiation Date: 03/02/2022
`
`Attorney Name: PHILIP D STERN
`Firm Name: KIM LAW FIRM LLC
`
`Jury Demand: YES - 6 JURORS
`
`Is this a professional malpractice case? NO
`Related cases pending: NO
`
`Address: 411 HACKENSACK AVE STE 701
`
`If yes, list docket numbers:
`
`HACKENSACKNJ 07601
`
`Phone: 2012737117
`
`Nameof Party: PLAINTIFF : Lerner, Svetlana
`NameofDefendant's Primary Insurance Company
`(if known): Unknown
`
`Do you anticipate adding any parties (arising out of same
`
`transaction or occurrence)? NO
`
`Are sexualabuse claims alleged by: Svetiana Lerner? NO
`
`THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
`CASE CHARACTERISTICS FOR PURPOSES OF DETERMININGIF CASE IS APPROPRIATE FOR MEDIATION
`
`Doparties have a current, past, or recurrent relationship? NO
`
`If yes, is that relationship:
`
`Does the statute governing this case provide for paymentof fees by the losing party? NO
`
`Use this space to alert the court to any special case characteristics that may warrantindividual
`managementoraccelerated disposition:
`This putative class action seeks monetary and equitable relief.
`
`Do you or your client need anydisability accommodations? NO
`If yes, please identify the requested accommodation:
`
`Will an interpreter be needed? NO
`if yes, for what language:
`
`Please check off each applicable category: Putative Class Action? YES Title 59? NO Consumer Fraud? NO
`
`| certify that confidential personal identifiers have been redacted from documents now submitted to the
`court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
`
`03/02/2022
`Dated
`
`/s/ PHILIP D STERN
`Signed
`
`