HomeMy WebLinkAbout09-4940
CUMBERLAND, ss.
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON
PLEAS, 9th J.D.
CIVIL ACTION
NO . 09 . y 9 V 0 . 7-1-
MICHAEL ALAN CROOKER,
V.
PLAINTIFF,
FIRST AMERICAN INVESTMENTS,
COLLECTIONS UNLIMITED, INC.,
CONTINENTAL COLLECTION SERVICE,
INC.,
CLASSIC COLLECTIONS,
COLLECTIONS PLUS,
DEFENDANTS.
COMPLAINT UNDER THE FEDERAL
AND PENNSYLVANIA FAIR DEBT
COLLECTION PRACTICES ACTS
15 U.S.C. §1692k(d)
73 P.S. §201-3, et seq.
73 P.S. §2270..1, et seq.
JURISDICTION
(1) This is a civil action seeking monetary damages against
debt-collectors for violations of the federal Fair Debt Collection
Practices Act, as well as related Pennsylvania laws. The trial
courts of Pennsylvania have concurrent jurisdiction with the
federal courts under 15 U.S.C. §1692k(d) as well as original
jurisdiction under 73 P.S. §201-3, et seq. and 73 P.S. §2270.1,
et seq. as to the state law claims.
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PARTIES
(2) The plaintiff, Michael Alan Crooker, is a Pennsylvania
resident. He is currently confined to the Federal Correctional
Institution, Loretto, Pennsylvania and his mailing address is
Prisoner Number 03631-158, P.O. Box 1000, Loretto, PA 15940.
(3) The defendant, First American Investments;, has a
business address of 2805 Wehrle Dr., Ste. 11, Williamsville,
NY 11791, is a debt-collector as defined in 15 U.S.C. §1692a(6),
and does business in Pennsylvania.
(4) The defendant, Collections Unlimited, Inc., has a
business address of 655 Main Street, East Greenwich, RI 028187
is a debt-collector as defined, and does business in Pennsylvania.
(5) The defendant, Continental Collection Service, Inc.,
has a business address of 865 2nd Street, Manchester, NH 031021
is a debt-collector as defined, and does business in Pennsylvania.
(6) The defendant, Classic Collections, has a business
address of 200 5th Ave., New York, NY 10010, is a debt-collector
as defined, and does business in Pennsylvania.
(7) The defendant, Collections Plus, has a business address
of 412 E. 81st Street, New York, NY 10028, is a debt-collector
as defined, and does business in Pennsylvania.
FACTS
(8) Prior to residing in Pennsylvania, the plaintiff
resided in Rhode Island, Massachusetts and Connecticut.
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(9) Plaintiff was arrested and continues to be incarcerated
pending appeal. He was sentenced to 22-years and is the first and
only person in the United States to ever be charged' with or
convicted over a silenced air-rifle in over 70-years of federal
gun law enforcement. Plaintiff was convicted on the novel legal
theory that the air rifle's silencing device, due to its misuse
on a government owned gunpowder firearm in a government laboratory
using government adapters was "capable" of quieting a real firearm
and hence constituted a "firearm" and a "firearm silencer" under
18 U.S.C. §921(a)(3) and 921(a)(24). The word "for" in §921(a)(24)'s
"any device for silencing a firearm" was judicially declared to
mean "capable of" and not "intended for" preventing the plaintiff
from establishing to the jury that his device, found with the
air-rifle to which it mated tbreadwise, was not intended for
any firearm.
(10) Plaintiff had 23 credit cards, 2 personal loans,
1 boat loan, 1 automobile loan, 1 LASIK loan, all of which
went into default status due to plaintiff's legal troubles.
Further, there was some fraud perpetrated with plaintiff's
ATM Cards, checks, and credit cards by a former drug-addicted,
female roomate.
(11) All of the above named debt-collectors purchased
plaintiff's consumer debt or otherwise attempted to collect
on that debt. Most of the debts continue to be bought and sold
multiple times by multiple debt-collectors, literally dozens
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of them. Plaintiff will sue these debt-collectors, settle, then
discover that after settlement, they have simply sold off the debt
to yet other abusive debt-collectors and it is never ending.
(12) All of the above named defendants engaged in an
abusive pattern of harassment and threatening conduct to
induce repayment of the alleged debts (to them).
(13) All of the above named defendants bombarded plaintiff
and/or his family members with many demand letters.
(14) All of the above named defendants telephoned
plaintiff's family members including his elderly mother at
unusual hours of the daytime and nighttime.
(15) All of the above named defendants continued to make
contact with plaintiff's family members even when advised
that plaintiff was in official detention.
(16) All of the above named defendants threatened to sue
the plaintiff if the alleged debts were not repaid (to them).
(17) Some of the above named defendants threatened the
plaintiff through his family members that be would be charged
with credit fraud and his detention lengthened if the alleged
debts were not repaid (to them).
LEGAL CLAIMS
(18) The facts described above constitute violations
of the federal Fair Debt Collection Practices Act, to wit,
15 U.S.C. §1692c(b), 1692c(a)(1), 1692d(5), 1692d(6), and
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1692e(4) as well as under Pennsylvania law.
(19) Defendants are liable to the plaintiff.
(20) Any statute of limitations has been tolled because
of plaintiff's disability due to detention and incarceration
and lack of counsel.
RELIEF
(21) WHEREFORE, plaintiff requests compensatory damages,
attorney's fees and costs, a jury trial onall issues triable,
and such other and further relief as the court deems just and
proper.
VERIFICATION
(22) I, the undersigned, declare under penalty of unsworn
falsification that the foregoing is true and correct.
18 Pa. C.S. 54904.
Respectfully submitted,
A r
z
Michael Alan Crooker,, pro se
Federal Correctional Institution
P.O. Box 1000
Loretto, PA 15940
Dated: July 16, 2009
ALED-OFFICE
OF THE PP'? % r,lN! 3TAPY
2009 JUL 22 A1,1111:55
PENNSYLVA:NIA
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND, ss.
MICHAEL ALAN CROOKER, )
PLAINTIFF, )
V. )
FIRST AMERICAN INVESTMENTS, )
ET AL., )
DEFENDANTS. )
MOTION FOR LEAVE TO PROCEED
IN FORMA PAUPERIS
COURT OF COMMON
PLEAS, 9th J.D.
CIVIL ACTION
NO. D f- y9 yo Cu?-l 7Z-
Pursuant to Rule 240 plaintiff Michael Alan Crooker requests
leave to proceed in this lawsuit in forma peuperis and in support
thereof attaches herewith his IN FORMA PAUPERIS STATEMENT dated
July 16, 2009 and a proposed order.
Respectfully submitted,
Michael Alan Crooker, pro se
Federal Correctional Institution
P.O. Box 1000
Loretto, PA 15940
Dated: July 16, 2009
RLED-CIMCE
OF THE Pomr?iPQTAAY
2009 JUL 22 AM 11 5
PENNSYLVANA
IN THE COURT OF COMMON PLEAS OF aVBERM, COUNTY PENNSYLVANIA
Micbael Alan Crooker, No.
Plaintiff,
v. , .
First American Investments,
et al.,
Defendants.
IN FORMA PAUPERIS STATEMENT
1. I am the (plaintiff) (dafaxiaxt) in the above
matter and because of my financial condition am unable
to pay the fees and costs of prosecuting or defending
the action or proceeding.
2. I am unable to obtain funds from anyone, including
my family and associates, to pay the costs of litigation.
3. I represent that the information below relating
to my ability to pay the fees and costs is true and correct:
(a) Name: Micbael Alan Crooker 03631-158
Address: Federal Correctional Inst-ittttinn
P.O. Box 1000
Loretto, PA 15940
Social Security Number: 029-86-3109
(b) Employment
If you are presently employed, state
Employer:
Address:
i
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: October, 2003
Salary or wages per month: $1,500.
Type of work: Bus Driver at Airport
(c) Other income within the past twelve months
Business or profession: 0
Other self-employment: 0
Interest: 0
Dividents: 0
Pension and annuities:' 0
Social Security benefits: 0
Support payments: 0
Disability payments: 0
Unemployment compensation and supplemental
benefits: 0
Workman's compensation: 0
Public assistance: 0
Other: $5.25/month at Prison Job Assignment
11 1
(d) Other contributions to household support
(Wife) (Husband) name: No Spouse.
If your wife/husband is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children: 0
Contributions from parents: 0
Other contributions: 0
(e) Property owned
Cash: 0'
Checking account: 0
Savings account: 0
Certificate of deposit: 0
Real estate (including home): Cl
Motor vehicle: Make None
Year
Cost
Amount owed
Stocks, bonds: 0
Other: 0
(f) Debts and obligations
Mortgage: 0
Rent: 0
Loans: See below.
Other: 23 Credit Cards, 2 Personal Loans, 1 Boat
L , u omo the Loan, 'Loan, all
in default status -- $81,290..00.
(g) Persons dependent upon you for support
(Wife) (Husband) name:
None
Children, if any:
None
Age.
Age:
Age.
Age:
Other persons:
Name: None
Relationship:
4. I understand that I have a continuing obligation
to inform the court of improvement in my financial
circumstances which would permit me to pay the costs
incurred herein.
5. I verify that the statements made in this affidavit
are true and correct. I understand that false statements
herein are made subject to the pcnaltips of 1'.8 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Date:
July 16, 2009
Petitioner
11 -4- - I
RLED-OFFICE
OF THE PRIT? MOTAPY
2009 JUL 22 AM I I : 55
PEI -IN 1! t A A
MICHAEL ALAN CROOKER,
PLAINTIFF
V.
FIRST AMERICAN INVESTMENTS,
ET AL.,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
09-4940 CIVIL TERM
ORDER OF COURT
AND NOW, this -29k day of July, 2009, the motion of plaintiff to
proceed in forma pauperis, IS DENIED.'
By the
Michael Alan Crooker, 03631-158
Federal Correctional Institution
PO Box 1000
Loretto, PA 15940
:sal
7?z41o4
?.IYI
Edgar B. Bayley, J.
' This court will not allow plaintiff to proceed in forma pauperis in filing a civil
action where the proposed complaint does not set forth any basis for venue lying
in the Court of Common Pleas of Cumberland County.
Jut
L 291