HomeMy WebLinkAbout98-00500
JOHNNA F. WINGARD
Plaintiff,
iN THE COURT OF COMMON PLEAS
CUMIJI<:RLAND COUNTY,
PENNSYLVANIA
v.
JAMES M. BUCCK, ESQUIRE
Defendant.
NO. 98-500 CIVIL TERM
LAW
CERTIFICATE OF SERVICE
I, Deanna Lynn Smith, AlIomey-at-Law, certify that I am, and al all times hereinafter
menlioned, was more than 18 years of age; and that I served a copy of the Writ of Summons filed
in this Action by Certified Mail, re(um receipt, on February 9, 1998, at Defendant's address of
555 Van Reed Road, Reading, P A 19610.
I certifY that a true and correct copy of the Complaint in this Action was mailed by U.S. Mail,
postage prepaid, to James M. Bucci, Esquire, 555 Van Reed Road, Reading, PA 19610.
I certifY under penalty of perjury that the foregoing is true and correct.
Dated: .3 J.~ 3) q 'if
By: _~P.t ~ ALA -'0 -r-i1Q"'d-b
aComplet. n;ml1 and/or 2 fot additi0nai ",rvlcel.
aeomptetlIt,,nI3. 4a'ddand 4b. ..._ ,,_"8 of thl, form 10 thai we can return this
..,rtnt your name Inch re'lon uno ....
.:r.: ~:ionn to 1M front of the mallplece, or on the back II .pace doe. not
Dltm'lII. l1ed- the maJlpl8C8 below the article number.
.Wrlt.-Rottum Receipt Ra'!!.~ I W:m the article wal delivered and the data
Il1MIRetumRecelptwl .."'" 0
cIOllvotod.
ele Addrosssd to:
:rftmeJ> (11. ~LtCC;
f/7fOlt.N' ( .<vt t~
555 V"'N (Z.;-fO ,.,.0
D I. "A llf.:,ID
",e ,.,.q , ,... J I r
em.)
k Certified
I0259!J-!}7.B.Ql79
Domestic Return Receipt
>- C") G
~
I-" .. 1':-
~r;; - -"1.......
()z.:-;;
.-0 ::c U.--'
~~- 0... C2~
c tn :.=-:'fn
(r,
u.. N ::.'.1-"
~-
~t.L~ t;\:': n:7
UJ lU
"L u.':: ~';;iCl-
F- ::.: ~
,.!- en ::>
0 en U
!
"
JOHNNA F. WINGAIW
Pin In tiff,
IN THE COURT OF COMMON I'LEAS
CUMBERLAND COUNTY,
I'ENNSYL VANIA
v.
NO. 98-500 CIVIL TERM
JAMES M. BUCCI, ESQUIRE
Defendant.
LAW
COMPLAINT
COUNT I
1, Jurisdiction for Ihis action is asserted pursuant 10 Pennsylvania Unfair Trade Practices
and Consumer Proteclion Law C"PUTPA"), 73 P.S. ~201-3.1, particularly, thc Debl
Collection Practices Regulations issued under 37 Pa.Code ~303.1 ct seq.
2. Plaintiff, Johnna F. Wingard, is a consumer residing at 15 Lois Lane, Mechanicsburg, PA
17055.
3. Defendant, James M. Bucci, Attorney at Law, is a debt colleclor within Defendant is a
debl collectors pursuant to 37 Pa.Code ~303.2, wilh ils principal place of business localed
at 555 Van Reed Road, Reading, PA 19610.
4. Defendant communicaled with plaintiff on or before one year to the date of filing the
Write of Summons, on January 28, 1998, in connection wilh collection efforts by letters,
telephone contacl or olher documenls, wilh regard to plaintirrs alleged debt.
5. Defendant received service of the Write of Summons on February 19, 1998. See
Attached Exhibit A.
6. Defendant, in its collection efforts, violated the Pennsylvania Unfair Trade Practices Act,
in particular, 37 Pa.Code ~303.l el seq.
7. Defendant, in ils collcclion efforts, used falsc or deceplive acts and intended to oppress
"
and harass plainti ff.
8. Defendanl senl a leUer indicating Ihat the law firm would take further action. See
AUached Exhibit B.
9. Defendant did not take any further aclion against plaintiff. olher Ihan repeated phone calls
and threats.
10. Defendant's agent, Cindy Wessner ("Wessner"), contacted plainliffat her place of
employment on numerous occasions during April, May and June of 1997, despite
plaintiffs requests to Wessner to cease contact.
II. Defendant's agenl, Wessner, told plaintifflhal unless plaintiff mailed six (6) post dated
checks, the police would come to plaintiffs place of employment and carry her out in
handcuffs.
12. Because plainliffbelieved Wessner's Ihreal, plaintiffsenl six (6) post daled checks,
Check Numbers 2857, 2858, 2859, 2860, 2861, 2862. Check copies will be provided.
13. Plaintiff allowed other payments, notably, her rent and utilities to go unpaid, so thai
Defendant's office would be paid, thus avoiding the handcuff incident.
14. That, as a result of the wrongful tactics of defendant as aforementioned, plaintiff has been
subjected 10 emotional dislress, anxielY, harassment, intimidation and annoyance for
which compensation is sought.
WHEREFORE, plaintiff requests that this Honorable Court issue judgment for plaintiff and
againsl defendant for a statutory penally of One Hundred ($100.00) per violation or Ihree (3)
times the aclual value of her damages, whichever is greater, and reasonable aUomey's fees.
COUNT II
IS. I'lainliffhereby incorporales Count II of (his Complaint as if fully sel forth herein.
16. ThaI all oflhe conducl of defendant described in Counll oflhis Complain( also violale
lhis Counlll. Ihe rights of plaintiff under the Fair Debt Collection I'raclices ACI, IS
U.S.C. ~ 1692, el seq. ("FDCPA").
17. Defendant, in ils colleclion efforts, violated the FDCPA, inter alia, Seclions 1692, b, c, d,
e, f, or g.
18. Defendant, in i1s collection efforts, used false or deceptivc acls and intended to oppress
and harass plaintiff.
19. That, as a resull of the wrongful tactics of defendant as aforementioned, plaintiff has been
subjected to emolional distress, anxiely, harassment, inlimidalion and annoyance for
which compensation is sought.
20. Thai provisions of the Pennsylvania Debt Collection Praclices Regulations are virtually
idenlical with the FDCP A and the conduct of defendanl violates plaintiff s rights under
Pennsylvania law and federal law.
WHEREFORE, plainliff requesls that his Honorable Court enter judgment for plainliff and
against defendants and issue an Order:
(A) Award Plaintiff statutory damages in the amounl of One Thousand Dollars
($ I ,000.00) for each violation of the FDCP A or each separate and discrete
incident in which defendant has violated the FDCPA.
(B) Award Plaintiff general damBged for mental anguish, and to compensate Plaintiff
for harassmenl and intimidation by defendant directed al plainliff an amount in
excess ofTen Thousand Dollars ($10,000.00).
(C) A ward Plaintiff cosls of Ihis liligation, including a reasonable attorney's fee at a
ra(e of $150.00/hour for hours reasonably expended by her attorney in Villlliculing
her righls under the FDCJ>A.
(D) Awurd declurulory and injunctive reliel: and such other relief as this Honorable
Court deems necessary and proper or law or equity may provide.
Dated: ~/~:si?f
By:
~~~,A~,
Deanna Lynn ith
Altorney for Plaintiff
ID#774 1 4
76 Greenmont Drive
Enola, Pennsylvania 17025
Telephone 717-732-3750
Fax 717-728-9498
>- ,.:S' ~
IT,
e .;.:
.. -~ .
uJ~~ - ...' ...1:,
r,,);;":i
(y., :t:: "'':::'7
EfO (_-.) ::3
~(: c..
.;...s-
1...) In :-.'(j)
w .J.1:':;:
It\": '"
EElLl c: d1~
[!:: .c: w
:1: :~:
LL. C:J ::>
0 cr, e.)
. ,
delinquenl debt owcd by Plainliffto lhe Defendant's client.
S. Dcnied. The allegations eonlained in Paragraph 5 of the Plaintiff's Complainl
conlain conclusions of law 10 which the Pcnnsylvania Rules of Civil Procedure require no
responsive pleading. Slrict proof, lhereofis demanded at trial, if relevant. By way of further
answer, the Defendant incorporates the New Maller pled within.
6. Denied, The allegations contained in Paragraph 6 of the Plaintiff's Complaint
contain conclusions of law to which lhe Pennsylvania Rules of Civil Procedure rcquire no
responsive pleading. Slrict proof, lhereof is demanded at trial, if relevant.
7. Denied. The allegations contained in Paragraph 7 of the Plaintiff's Complaint
conlain conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no
responsive pleading. Strict proof, thereof is demanded at trial, if relevant.
8. Admitted.
9. Denied. It is specifically denied Ihat the Defendant did not take any further
action against Plaintiff other lhan repeated phone calls and threats. Strict proof, thereofis
demanded at trial, if relevant. To the contrary, Defendant in good faith and in accordance with
applicable law continued to collecl the amount owed by the Plaintiff to Defendant's client.
10. Admitted in part. Denied in part. It is admitted only lhat Defendant's agenl,
Cindy M. Wessner contacted Plaintiff for purposes of colleclion of a legilimate debt owed by
Plainliffto the Defendant's client.ll is specifically denied that Defendanl's agent contacted
Plaintiff al her place of employment after Wessner requesled Defendant cease contact. Strict
proof, is demanded al trial, ifrelevant.
II. Denied. It is specifically denied thai Defendant's agent, Wcssner, told Plaintiff
that unless Plaintiff mail six (6) post dated checks, lhe Police would come to her plaec of
employment and carry her out in handcuffs. Strict proof is demanded at trial, ifrelcvant. To
thc contrary, at no time did the Defendant's agent, tell Plaintiff that the Police would come to
her place of employment and carry her out in handcuffs.
12. Admitted in part. Denied in part. It is admitted only that Plaintiff scnt six (6)
post dated checks to Defendant's Agent. It is spccifically denied Ihat Defcndant or
Defendant's agent at any time threatcned the Plaintiff, or thai such allcged threals fonned the
basis for any action by Plaintiff. Strict proof, Ihereof, is demanded at trial, if relevant.
13. Denied. After reasonable investigation, answering Defendant is without
infonnalion to fonn an opinion as to the veracity of some or all of the allegations contained in
Paragraph 13 ofPlaintifrs Complaint. Strict proof, is demanded at lrial, if relevant. By way of
further answer, Defendant or Defendant's agent al no time Ihreatened to handcuff the Plaintiff.
14. Denied. The allegalions contained in Paragraph 14 of the Plainlifrs Complaint
contain conclusions of law 10 which the Pennsylvania Rules of Civil Procedure require no
responsive pleading. Strict proof, thereof is demanded at trial, if relevant.
WHEREFORE, the Defendant prays the Honorable Court to deny Plainliffs claim and
enler judgement in favor of Defendant and against the Plaintiff.
COUNT II
15. Denied. The allegations contained in Paragraph 15 of the Plaintiff's Complaint
contain conclusions of law to which the Pennsylvania Rules of Civil Procedure require no
responsive pleading. Strict proof, lhereofis demanded al lrial ifrelevant. By way offurther
answer, Defendant incorporates its answers to Count I.
16. Denied. The allegations contained in Paragraph 16 of the Plaintiff's Complaint
contain conclusions of law to which the Pennsylvania Rules of Civil Procedure require no
responsive pleading. Strict proof, thereof is demanded at trial, ifrelevant.
17. Denied. The allegations contained in Paragraph 17 of the Plaintiffs Complaint
contain conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no
responsive pleading. Strict proof, thereofis demanded at lrial, if relevant.
18. Denied. The allegations contained in Paragraph 18 of the Plainliffs Complainl
contain conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no
responsive pleading. Strict proof, thereofis demanded at trial, if relevant.
19. Denied. The allegations contained in Paragraph 19 ofthe Plaintiff s Complaint
contain conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no
responsive pleading. Strict proof, thereof is demanded at lrial, if relevant.
20. Denied. The allegalions contained in Paragraph 20 oflhe Plainliffs Complainl
contain conclusions oflaw to which lhe Pennsylvania Rules of Civil Procedure require no
responsive pleading. Strict proof, thereof is demanded at trial, ifrelevant.
WHEREFORE, the Defendanl prays your Honorable Court 10 dcny Plaintiffs claim
and enter judgement in favor of Defendant and against Ihe Plaintiff.
NEW MATTER
21. Any violalion by Defendant of Pennsylvania Unfair Trade Practices Acl or the
Fair Debt Collection Praclices Act, the existence of which is hereby denied, was an
uninlentional violation and/or resulted from a bonafide clerical error, notwilhslanding the
it
maintenance of procedures reasonably adopted to avoid such error and resulted in good failh
reliance of correcl informalion offered by a person other than an agent, servant or employee of
~
1\
I ,
: I
the Defendant.
22. This Honorable Court does not have jurisdiction over the Defendant due to the
Plainliffs failure to comply with Pennsylvania Rule of Civil Procedure 400.
WHEREFORE, the Defendant prays your Honorable Court 10 deny Plaintiffs
; t
, ,
claim and enter judgemenl in favor of Defendant and against the Plaintiff.
i
I
i
!
:
i
l
'1':1
I
,
I
i
COUNTERCLAIM
23. Plaintiffs action in filing the within lawsuit constitutes bad faith and
was broughl about for the purposes of harassing Defendant and/or avoiding a legitimate debl
owed by Plaintiff to the Defendant's client and therefore, Plaintiffis liable 10 the Defendanl
for payment of Defendant's attorney's fees and costs associated with defense of the wilhin
matter.
WHEREFORE, the Defendant prays your Honorable Court 10 award the Defendant
. '~
~ .... i::
_.~~
,.. r-; ..~4
1I1Q :;:) d.
Pi": ..,.ft.....
~ '-- , J :":
.......1 ,~.
~)~~ 1-~'1 ::-j
_1:."'.: <') if.:
\,"" -
..~_. 1.' \ Ct~ "
u:.", O. ~; ~,j
f" ...; :_. ~~ I::'"
1.1. 0:1 ::)
0 0' <..)
JOHNNA F. WINGARD
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 98-500 CIVIL TERM
JAMES M. BUCCI, ESQUIRE
Defendant.
LAW
PLAINTIFF'S ANSWER TO DEFENDANT'S
NEW MATTER AND COUNTERCLAIM
21. Denied. Defendant's acls were inlenlional and in violation of state and federal
law.
22. Denied. This Honorable Court hasjurisdiclion over stale claims and concurrent
federal claims.
23. Denied. Plaintiff filed this aclion in good failh. By way of further response, as a
result of Defendant's wrongful tactics, Plaintiff has been subjecled 10 emolional
distress, anxiety, harassment, inlimidalion and annoyance for which compensation
is sought.
WHEREFORE, Plaintiff respectfully requesls this Honor.able Court grant judgement in
favor of Plaintiff and against Defendanl.
Dated:
L/ flo/ ~ I(
&h
.
By:
Deanna Lynn Smilh
Attorney for Plaintiff
ID#77414
76 Greenmont Drive
Enola, Pennsylvania 17025
Telephone 717-732-3750
~ 0' C::
,.-;; -,
<.l.. .'-
\- N ~~!\~
UJQ
'-)to:: ......
~'::
tE:]~ c- ':~;tl.
~l'
c:- O
C: <"
L!.JI..... ,I':""':
-~I t; (1.< ~..:..J 11 J
U-':' 0- :40.
......
\- ...:.:;;
l~~ r::-: :::J
u Cf\ U
. "r
.
JOIHlNNA IF. W~NGARD
II'hllintiff,
HN TIHlIE COURT OF COMMON PLEAS
CIUMBIERILAND COUNTY,
IP'IENNSYIL VANIA
v.
NO. 98-5110 CHVHL TIERM
JAMES MI. BUCCI, ESQUlRIE
Defendant.
LAW
(
II
PLAINTIFF'S IFHRST SIET OIF INTIERROGATORIES
TO DIEIFENDANTS
PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania
Rules of Civil Procedure No. 400 I,~, to serve upon the undersigned, within thirty (30) days
after service of this Notice, your Answers in writing under oalh to the following Interrogatories.
These Interrogatories shall be deemed continuing, so as to require supplemental answers if the
affiant or anyone ofPlaintilI's behalf oblains further information between the time the answers
are served and the time of trial. The foregoing instructions are deemed to be incorporated in the
Interrogatories which must be answered strictly in accordance with the same.
Deanna Lynn Smith
Attorney 10# 77414
Attorney for Defendant
76 Greenrnont Drive
Enola, Pennsylvania 17025
(717) 732-3750
c) whether the communication was oral, wrillen or both were made;
l) the date each communication was made; and
g) the total number of communications.
4. State in delail the basis for your denial of any paragraph of Ihe Complaint.
5. State in delail the basis for any affirmative defense which you assert.
6. Identify by caption, court or agency, case number and result alllitigalion or
administrative actions brought against you in the past three years for alleged violations of
the Fair Debt Collection Practices Acl, Federal Trade Commission Act, state unfair trade
or consumer protections laws or any similar law.
7. IdentifY by caption, court or agency, case number and result of all suits filed by you in the
past three years, against other debtors for debts similar to those alleged in the Complaint.
8. Identify and describe each claim made under each of your liabilily insurance policies in
the past three years, including the date of the claim, claim number, the subject of the
claim, the status of the claim, the resolulion of the claim, and any amounts paid under
each policy.
9. IdentifY all individuals that used post--dated checks to your firm in the past three (3)
years.
10. IdentifY by name and telephone number each person who assisted in the preparation of
the responses to Ihese interrogatories, and specifY the role each performed.
Dated: L/);)[) I q '1
Respectfully submitted,
IJ!.,tL-
Deanna Lynn Smith, for Plaintiff
Attorney ID# 77414
76 Greenmont Drive
Enola, Pennsylvania 17025
(717) 732-3750
>- o. '-
C"; e: I..
.;( .-;.,:
,. ~:: :'-1
C., .
U.I_._ {
(',., . .-, j....
0"':; ""... ~. :<
... Cl.. ;:~ .::J
eir:' "':;'-
1(' C;:, ......;,:i
@"
.1[:'. '" J'.'
--.... Ce i:::;;;:
u.:"c llJW
.'. ,:,.. .:.Du..
..... -<.: ~
1I. ("I:: ::J I'
"
0 0'1 ()
"
"
r'
:\j
,
JOIINNA IF. WINGARD
Plaintiff,
IN TIHlIE COURT 011" COMMON PLEAS
CIUMm:iRLAND COUNTY,
IPIENNSYL VANIA
'I
v.
NO. 911-500 CHVRL TERM
,.
" .,.
"
Iii
lEi I
,
,. I
I
JAMES M. RUCCI, ESQUIRE
Defendant.
!LAW
PLAINTIFF'S FIRST REOUEST IFOR IPROmJCTHON OIF DOCUMENTS
TO DEFENDANTS
I:'.
I
,
DEFINITIONS AND HNSTRUCTRONS
,
[.;
I
fl
"
1.
As used herein, the terms "you" and "your" means Defendant, James M. Bucci,
and shall include your parent, subsidiary and affiliated companies, as well as all of
shareholders, officers, d/b/a's, predecessor, successor, or relaled entities.
your agents, al\omeys, accountants, employees, independent conlractors, directors,
2.
Unless olherwise specified, the interrogatories refer to the lime period of January
1, 1997 to the present.
J
I
,
I
3.
You are requested to identify all documents which contain information which
t
,
could serve as a basis for answering these inlerrogatories, but for which you claim
any privilege (including work product), and stale the basis upon which the claim
or privilege is being made. As used herein, the term "identify" when used in
reference to a document means to state:
t)
g)
its dale;
its general subject malter;
its author;
its recipients;
the type of document (e.g. leiter, memorandum, telegram, chart, computer
input/output, etc.)
the name and addresses of the person (s) who prepared the document; and
Ihe basis of the privilege.
\
n
a)
b)
c)
d)
c)
;,..-',
:>- o. F.-"':
:;; ("':
I.~ .".
w9 C\i :).....
(.2[ .j '" :~'~~ ;;;
R---,
.- - L'..4 :;;
~'
C" J
f:. C)
1l.JI.: C'..; :,,~
fit:. Cl;";' ':;jif,
F-~ w*.
.:;.~t: :.:.!a...
Lt. n~ ....^.
0 ".,
m 0
"- C') ',.
t~ {,.,
-" ?
<~ '~ltri
1--- <'?'
u.J('~
().:~ "...
[j'l'
~;i: l~ .. ,
- ~:.-
' , ";.1''')
j {~. C'\J 'J;~
Ull; :';'jr;J
IT: t', r.::
il: 0- ::.1L1.
""" :-j
,... ("I'::
0 "" 0
...
.-.--'
~- 1""- (_':
c.; ~
;:-:. .. :-'J .'"
r' -
U.l.-~ ~.J :;'.~
c.,~(.: " i ~;:~
ff~~ .:...,
(~jt:_., ". . ~ :::.i
@n: Ch .<&:
I .....
ELI:: 1- !_-l::'~
"II.U
r'~ W :.L.i!.l.
,- = -
u- n:: :s
0 tf' (J
.
~
.
JOHNNA IF. WINGARD
Plaintiff,
IN TIHlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PIENNSYIL V ANHA
v.
JAMES M. BUCCI, ESQUllRE
Defendant.
NO. 91J-500 CHVU. TERM
LAW
NonCE OF IOIEPOSlnON WH1r1Hl REQUIEST Jl?OR PRI()IJl])1[)CTHON
TO: DEFENDANT AND TO THE COUNSEL OF RECORD:
PLEASE TAKE NOTICE that on April I, 1999, beginning at 9:00 a.m., and continuing
unlil complete, before an individual authorized 10 administer oaths, plainliffwill take the
deposition upon oral examination of DEFENDANT JAMES M. BUCCI. The deposition will
taken pursuant to Pa.R.C.P. 4007.1, at 1101 North Front Slreet, Harrisburg, Pennsylvania, for all
purposes therewith.
Pursuanl to Pa.R.C.P. 4007.I(d)(I) and 4009.1 et seq" defendant is further requests to
produce, at the deposition, the documents and things described more particularly in Ihe attached
schedule.
Dated: 3/10/99
I~ ~lfb-!b
Deanna Lynn Smith
Attorney for Plaintiff
76 Greenmont Drive
Enola, P A 17025
717- 732-3750
Fax 717-728-9498
By:
~~J.!E.SJl:.11)J1R !PIROIQiiIJ.lC.1lli)ij:LO]F IDiOCUlvllE!\Il.'S
DElFiNiTiONS AND KNSTIlUlCTHONS
I. As used herein, the tenns "you" and "your" means Defendant JAMES M. BUCCI, and
shall include your parent, subsidiary and affiliated companies, as well as all of your
agents, allomeys, accountants, employees, independent contractors, direelors,
shareholders, officers, d/b/a's, predecessor, successor, or related entities.
2. Unless otherwise specif:ed, the interrogatories refer to the time period of January 1997,10
the present
3. You arc requesled to identify all documents which contain infonnation which could serve
as a basis for answering these production requests, but for which you claim any privilege
(including work product), and state the basis upon which the claim or privilege is being
made.
4. As used herein, the tenn "identify" when used in reference to a documenl means to state:
a) its date;
b) its general subject maller;
c) its aulhor;
d) i1s recipients;
c) the Iype of document (e.g, teller, memorandum, telegram, chart, computer
input/output, etc.)
f) the name and addresses of the person (s) who prepared the document; and
g) the basis of the privilege.
j
,
5.
The tenn document as used herein, means the original and all copies of any wrillen,
printed, typed or olher graphic maller of any kind or nature and any olher tangible thing in
your custody or control, including but not limiled to:
~,
,'t
J{
b)
All contracts, agreemenls, leller agreements, representations, warranties,
certificates and opinions;
AlIlellers or other fonns of correspondence or communicalion, including
envelopes and notes, telegrams, cables, telex messages, including reports,
notes, notations and memoranda of or relating to telephone conversations
.,
a)
;
~ '
Ii,
i,
l&WIlIIESll'EIOlIDiOCUMIENll'S
I. Provide a copy of: or description by calcgory, of all documcnts, data compilations, and
tangible things in your possession, custody or conlrolthat arc rcleyant to your practice of
law, specifically but not including, all lawsuits filed by you against consumers whom you
attempled to collecl on thcir account. Note, filing of a lawsuil is public record and no
privacy issue exists.
2. All agreemenls betwecn Defendant and Boscoy'S Department Slore (hereinafter
UBoscov's").
3. All documents Irnnsmitted to defendant by or on behalf of Boscoy'S or any other person
or entity concerning Plaintiffs alleged debl to BoscoY's.
4. All fonn letters used by defendant to collect Boseoy's accounts.
5. All documents reflecting service and billing arrangemenls between defendant and
Boseoy's related to Plaintiffs alleged debt.
6. All other documents wilh regard 10 PlainlilTs alleged debt and defendant's efforts to
inyesligate and collect thereon, including bul not limited to internal collection records,
audit records, correspondence, screen prints of Plaintiffs account.
7. All reports to Boscoy'S concerning Plaintiffs matter.
8. All records of any consultalion wilh Boscoy'S regarding Plaintiffs matter.
9. All financial statements and tax returns filed by defendant for 1997 and 1998.
10. All documents which reflect the number of employces that work for Bucci.
II. Job description for Ms. Cindy Wessner during her employment wilh Bucci.
12. Copies of any insurancc agreemenl under which any person carrying on an insurance
business may be liable to satisfy all or part of a judgment thai may be entered in this
action or to indemnify or reimburse you for paymcnts made to satisfy Ihejudgmcnt.
13. Copies of alllelephone invokes, bills, records for the period stated.
14. Copies of any litigalion, adminislrative action, judgments, court opinions, complaints and
consent orders relating to you and your praclice oflaw, including but not limited to
violalions of the Rules of Profession Conduct, Rule II Sanclions in the federal court in
which you practice, lawsuits for malpractice, errors or omissions or lawsuits similar to the
suit brought by Plaintiff.
15. Copies of all reports, memoranda, lellers, facsimiles, notes, regarding Plaintiffs case/
matter.
Respectfully submilled,
Dated: 3/10/99
fj -tL:~)CLLA.,
Deanna Lynn Smith
Allorney IDII77414
Attorney for Plaintiff
76 Greenmont Drive
Enola, Pennsylvania 17025
(717) 732-3750
i
f
~
>. 1.0
~.; .
,"" r::
I'~ .~
lJlr? r~
Co)r ~.~.
...
f.i:.. "--. I.l.'
,!,..,.i. U-.
'r\. , :!.::":
C-l. . [0"
III ~ ._. -. ,
_J . j ;~.'.
c:..." C'.-- ,
I" . {~,
. . 'L
I.L ,.,.,
(,:J ::,
th CJ
.
.
10.
II.
JOHNNA F. WINGARH)
Plaintiff,
IN TlHllE COURT iOF CiOM/MiON PLEAS
CIUMBERILAND COIUNTV,
PIENNSYL VANIA
v.
JAMES M. BUCCI, ESQUIRE
Defendsllt.
NiO. 911-500 CIVIL TERM
LAW
REQUEST !FOIR AIliM1HSSHONS
1. Plaintiff is a consumer.
2.
James M. Bucci (hereinafter "Bucci") is an attorney who regularly coUects on delinquent
accounts.
,
3. Ms. Cindy Wessner was an employee of Bucci in January 1997.
4. Ms. Cindy Wessner was an employee of Bucci in February 1997.
5. Ms. Cindy Wessner was an employee of Bucci in March 1997.
6.
Bucci is a stockholder in Account Recovery Services located in Wyomissing,
')
'\
,
I
Pennsylvania.
7.
j
Bucci is a partner in Account Recovery Services located in Wyomissing, Pennsylvania.
8.
Bucci is the owner of Account Recovery Services located in Wyomissing, Pennsylvania.
-1
if
f
,
r
\
f:l
.r {
(I'..;
I"
\ "
~ J- I"~
1'1.
Ii
9.
Bucci is a partner in the law firm of Bucci & Associates, located in Reading,
Pennsylvania.
Bucci is a stockholder in the law firm of Bucci & Associates, located in Reading,
Pennsylvania.
Ms. Cindy Wessner was an employee Bucci & Associates, located in Reading,
Pennsylvania, in January 1997.
12. Ms, Cindy Wcssncr wus Ull employe,: ILcd & Associatcs, loeatcd in Rcuding,
Pcnnsylvania, in February 1997.
13. Ms. Cindy Wessner was an cmployce Bucci & Associates, located in Reading,
Pennsylvania, in March 1997.
14. Bucci rcccived from Plaintiff: her check numbcr 2857, drawn on Plaintiffs bank, West
Shore Teachers Federal Crcdit Union, in the amount of $1 00.00.
15. Plaintiffs check number 2857 was mailed to Bucci in June of 1997.
16. Bucci reccived from Plaintiff, her check number 2858, drawn on Plaintiffs bank, West
Shore Teachers Fedcral CreJit Union, in the amount of $1 00.00.
17. Plaintiffs check number 2858 was mailcd to Bucci in June of 1997.
18. Bucci received from Plaintiff, her check number 2859, drawn on Plaintiffs bank, West
Shore Teachers Fedcral Credit Union, in the amount of$IOO.OO.
19. Plaintiffs check number 2859 was mailed to Bucci in June of 1997.
20. Bucci received from Plaintiff, her check number 2860, drawn on Plaintiffs bank, West
Shore Teachers Federal Credit Union, in the amount of$ I 00.00.
21. Plaintiffs check number 2860 was mailcd to Bucci in Junc of 1997.
22. Bucci received from Plaintiff, hcr check numbcr 2861, drawn on Plaintiffs bank, West
Shore Teachers Federal Credit Union, in the amount of$IOO.OO.
23. Plaintiffs check number 2861 was mailed to Bucci in June of 1997.
24. Bucci received from Plaintiff, her chcck number 2862, drawn on Plaintiffs bank, West
Shore Teachers Fcderal Credit Union, in thc amount of $100.00.
25. Plaintiffs check number 2862 was mailed to Bucci in June of 1997.
26. Bucci mailed a dunning letter to Plaintiff dated January 28, 1997.
27. The dunning lettcr dated January 28, 1997, indicated that, "Payment in full will r;ancel
any furthcr action."
28. The Fair Debt Collection Practiccs Act, 15 U.S.C. ~ 1692(1)(2) statcs, "... the following
conduct is a violation of this section: The acceptancc by a debt collector from any pcrson
of a cheek or other payment instrument postdated by more than fivc days unless such
person is notificd in writing of the debt eoUector's intent to deposit such check or
instrument not morc than ten nor less than threc business days prior to such deposit."
29. Bucci never sent Plaintiff a lettcr indicating whcn Plaintiffs chcck numbcr 2857 would
be depositcd.
30. Bucci never sent Plaintiff a letter indicating when Plaintiffs chcck numbcr 2858 would
be deposited.
31. Bucci nevcr sent Plaintiff a letter indicating whcn Plaintiffs chcck numbcr 2859 would
be deposited.
32. Bucci never sent Plaintiff a letter indicating when Plaintiffs chcck numbcr 2860 would
be deposited.
33. Bucci ncvcr sent Plaintiff a letter indicating whcn Plaintiffs check number 2861 would
be dcposited.
34. Bucci nevcr sent Plaintiff a letter indicating when Plaintiffs chcck number 2862 would
bc deposited.
35. Ms. Cindy Wessner was employed by Account Recovery Services located in
Wyomissing, Pennsylvania, in January of 1997.
36. Ms. Cindy Wessncr was employcd by Account Rccovery Services located in
Wyomissing, Pennsylvania, in Fcbruary of 1997.
37. Ms. Cindy Wcssncr was employcd by Account Rccovcry Scrviees located in
Wyomissing, Pcnnsylvania, in March of 1997.
38. Thc Fair Dcbt Collection Practiccs Act, IS U.S.C. ~ 1692e(5) prohibits dcbt collcctors
from, "thrcat(cning) to take any action... that is not intendcd to bc taken."
Bucci files suit against at least 5 consumers each month.
Bucci filcs suit against at least 10 consumers cach month.
Bucci liles suit against atlcast I consumer each month.
Bucci collects on at least 10 accounts each month.
Bucci collccts on at least 50 accounts each month.
Bucci collects on at least 100 accounts cach month.
Bucci mails atlcast 10 dunning letters each month.
Bucci mails at least 50 dunning lettcrs cach month.
Bucci mails at Icast 100 dunning letters caeh month.
Bucci mails at least 500 dunning letters each month.
Bucci mails at least 1000 dunning letters each month.
Bucci mails at least 1000 dunning letters over a 60 day period.
Bucci mails at Icast 1000 dunning Ictters over a 90 day period.
Bucci mails at Icast 1000 dunning lctters ovcr a 120 day pcriod.
Bueci mails at least 1000 dunning letter over a 180 day period.
Attorncys must afford cach account individual review in thc United Statcs District Court,
Eastem District, Pcnnsylvania, In rc Bclile, 208 B.R. 658 (E.D. Pa 1977).
55. Attorneys must adhere to the requircmcnts of their profcssion in the Third Circuit court,
Cross Icy v. Leiberman, 868 F.2d 566 (3d Cir. 1989).
39.
40.
41.
(A.'
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
,.~
56. Using attorncy letterhclld crcates a fillse sensc of urgency, Tolentino v. Fricdman, 833 f.
Supp. 697 (N.D, III. 1993); Sl.\Ivs v. 1,Iand, 831 F. Supp. 321 (S.D.N.Y. 1993).
57. Attomcys using muss-mailed form letter thrcutening suit is a falsc and deccptivc act
intcnded to harass an individual, In rc Belilc, 209 B.R. 658 (E.D. Pa. 1997).
Respectfully submittcd,
Datcd: 3/1099
,lD --I /iJLX~l:A'"
Deanna Lynn Smith
Attomcy 101177414
Attomey for Plaintiff
76 Grecnmont Drive
Enola, Pcnnsylvania 17025
(717) 732-3750
I
i
:\
I
':(
1,".,.
f "
p +
\ (',.
.'/{
;\"
'I'
l: ~
I>
, '
! .
"
-1.';":'-::
I'
\-.~'.
J~~
......'
:>0-
o-
j:'>;
UIIC.)
( ..I;.~
'i' ,~:
It...:,
c5r;-'
"'r--'
Ie;) (-~"
-,'
_..J -.
t::- !.!:
"-
,.-..
C::l
<';
~
'"
'~
(...
~~3
()P;
~._; ,..: "
):5
~~:!
'';
....
li-
<\1
-
c--
I,
15
..<-
~-;:.::
.~
.,.:./;}3
""'
C)
2.,
(.)
.
'. ,
.
. .,
MAY
.JOHNNA F. WINGAIW
1'llIintiff,
6 199~\
IN TilE couln OF COMMON "LEAS
CUMIIEI{LANI> COUNTY,
I'ENNSYL VANIA
v.
JAMES M. BUCCI, ESQUIRE
I>efcndllnt.
NO. 98-5110 CIVIL TEI{M
I>JSMISSAL WITH I'RE,JUI>ICE
OIWEI{
AND NOW this 10" day of
"'''1
, 1998, upon
consideration of Stipulation of Counsel 10 Dismiss With Prcjudicc,IT IS HEREBY ORDERED
THAT thc above-cntitlcd action be Dismissed With Prcjudiec and thc mailer may now bc marked
CLOSED.
DY THE COURT:
Distribution:
-)~ .q d
J.
/
Deanna Lynn Smith, Esquire
76 Greenmont Drive
Enola, P A 17025
~('<.<<. 5/1~/r;<J.
A'If'.
Jamcs M. Bucci, Esquirc
152 North Sixth Street
Reading, PA 19601
- Q...c-~~(,.o.-
I)
I'
I'
it
1
\~
U
'I'
I :l.
.P _.'
~, l:-:'
, '( ',"
,4,;.
!II
~, I
I:;
;.
, .,
~
,-
.
~!
FILi:[J.O.:r-:CE
....1:' ',.,- ......\.1 ,.-.,,~-\~y
V, j:,~' f'oI',;:',I';'Jlnl
"
99 I1AY 10 PI'l 2: :)7
CUMfJcriL;, .J'.) c.":'U,\fi)'
PENNSm~\M'\
!
-'
:. ....
~ C1\ ~
~ N
.. 6~
(') -
uJ- . 04
~26 .-
0:: <',
l:tif r.:l~
S'lg - ~5~
-'
tt\ ,i. I r.SZ
EEt.:" ~ I uJ
r- ro a..
.'- _0'
.~ -~
u.. en (3
0 cn
. .~