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USOBA v. DEPT. OF BANKING

No. 69 M.D. 2009

991 A.2d 370 (2010)

UNITED STATES ORGANIZATIONS FOR BANKRUPTCY ALTERNATIVES, INC., Petitioner v. DEPARTMENT OF BANKING and Steven Kaplan, in his capacity as the Secretary of the Department of Banking, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 25, 2010.

Attorney(s) appearing for the Case

Timothy J. Nieman, Robert J. Tribeck, and William C. Boak, Harrisburg, for petitioner.

Kenneth L. Joel, Sr. Deputy Attorney General and Susan J. Forney, Chief Deputy Attorney General, Harrisburg, for respondent.

Daniel Franklin Clark, Harrisburg, for amicus curiae, CareOne Services, Inc.

BEFORE: COHN JUBELIRER, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

Before this Court is the Application for Summary Relief (Application) of the United States Organizations for Bankruptcy Alternatives, Inc. (USOBA). In its Application, USOBA asks this Court to "enter judgment in its favor, and declare all sections of Act 117[1] pertaining to [debt settlement services2] Providers [(DSS Providers)] unconstitutional...

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