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Home My WebLink About02-1732IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No O2 /73? Plaintiff, Pl TYPE OF PLEADING: VS. Complaint MICHAEL L. PAOLETTA, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 - 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, +??^? Plaintiff, No 1 13a vs. MICHAEL L. PAOLETTA, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by its Attorneys, Mollica & Murray, with its Civil Action Complaint, the following of which is a statement thereof: 1. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania with its principal office situate at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff". 2. MICHAEL L. PAOLETTA is an adult individual residing at 1771 South Meadow Drive, Mechanicsburg, PA 17055. 3. On or about July 14, 2000, Defendant entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit All and incorporated herein. 4. Pursuant to the Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendant is in default under the terms and conditions of the aforementioned Agreement for failing to make payments when due, with the last payment having been made on or about January 11, 2001. 6. Pursuant to the terms of the Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of Five Thousand Nine Hundred Forty Four and 69/100 ($5,944.69) Dollars as of February 27, 2002. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Five Thousand Nine Hundred Forty Four and 69/100 ($5,944.69) Dollars, with interest thereon at the rate of 23.99% from February 27, 2002, plus court costs and attorneys' fees. Respectfully submitted, MOLLICA & MURRAY By : /??, ? CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page l of 4) LENDER (called "We", "Us", "Our") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUARE/SUITE 107 MECHANICSBURG PA 17055 BORROWERS (called "You", "Your") PAOLETTA, MICHAEL L SS# 190383430 1771 S MEDOW DR MECHANICSBURG PA 17055 2.000 % - 24.000 % LOAN NO: -713303-10-11565-7 In this Agreement, "you", "your" and "Borrower" mean the customer(s) who signs this Agreement. "We", "us", and "our" refer to Lender. This Agreement covers the terms and conditions of your Personal Credit Line Account. We want you to understand how your Personal Credit Line Account works. Read this carefully, ask us any questions, and if you agree to be bound by this Agreement, sign below. If more than one person signs, each will be responsible for repaying all sums advanced under this Agreement. Your Credit Line Account is a revolving line of credit extended to you and secured as described below. You can obtain funds from your Personal Credit Line Account (up to your credit limit) directly from us or by using the special checks we supply to you. You may pay your total unpaid balance at any time or in installments. REQUIRED INSURANCE. You must obtain insurance for term of loan covering security for this loan agreement as indicated by the word "YES" below, naming us as Loss Payee: Physical damage insurance on vehicle listed under "Security" above, if "Y" appears under "Insured." You may obtain any required insurance from anyone you choose, JOTICr- SFF THE Fn[ I OWING PAGFS FOR AnnrrinMAl. PROVISIONS ANO IMPORTANT INFORMATION RFGARnmr YOUR RIGHTS TO nISPUfE BILLING ERRORS. 03 IIUIIIIN1IIIII11111111111111111111111II1III11111IIII1IIII PA055361 -ol-Oo F NRE +P996FOAEIC97RLA9000PAOS63610**PAOLETTA " ORIGINAL A PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 2 of 4) Available Credit: You may obtain funds directly from us or through your special checks up to your available credit. Each check must be written for at least $100.00. Your available credit is your credit limit (shown on page one) less the total unpaid balance, including Finance Charges, of your Account. If you make loan payments by check, we will adjust your available credit seven days after we receive your check to allow for check clearing. If you request funds in an amount that would cause you to exceed your available credit, we are not obligated to honor your request. If we do lend you an amount over your available credit, you agree to pay us that excess amount, plus Finance Charges, immediately. Promise to Pay: You promise to pay Lender: (a) amounts borrowed under this Agreement; (b) Finance Charges, Administrative Charges (the late charge and bad check charge) and other charges provided in this Agreement; (c) credit insurance charges, if any; (d) collection costs permitted by applicable law, including reasonable attorneys' fees; and (e) amounts in excess of your credit limit that we may lend you, plus Finance Charges. Payments: You may repay your entire outstanding balance at any time without penalty. You may not use your special c ec s to pay any amounts due under this Agreement. Because the Finance Charge is computed each day, you will contact us regarding the exact payoff amount for the day you intend to make full payment. If you do not pay the entire unpaid balance on your Account at once, you agree to pay at least the minimum payment shown on your monthly statement. Payments will be applied as follows: First, to any accrued but unpaid Finance Charges; Second, to any unpaid Administrative Charges (the late charge and bad check charge); Third, to any unpaid credit insurance charges; and Fourth, to the outstanding balance of your Account. Any part of your monthly payment to be applied to amounts borrowed on your Account will be applied to the amounts borrowed under your Personal Credit Line Account in the order in which the amounts were borrowed. Any part of your monthly payment to be applied to Finance Charges will be applied in the same manner. Minimum Monthly Payment: The Minimum Monthly Payment for any billing cycle will be the greater of (1) the greater of $2.5 or Me ayment mount (as described below) plus any Administrative Charges and credit insurance charges, rounded to the nearest V; or (2) the Finance Charges due for the billing cycle plus any Administrative Charges and credit insurance charges; or (3) the amount of the Annual Fee assessed to your Account. In each instance the Minimum Monthly Payment will be adjusted to include any unpaid amounts due from previous billing cycles, The Payment Amount depends on the monthly periodic rate applicable to your Account, and is calculated as follows: Monthly Periodic Rate Payment Amount through 133% 1.43% of Account _Uance over 1.33% through 1.45% 1.55% of Account Balance over 1.45% through 1.57% 1.67% of Account Balance over 1.57% through 1.70% 1.80% of Account Balance over 1.70% through 1.83% 1.93% of Account Balance over 1.83% through 1.95% 2.00% of Account Balance over 1.95% 115% of Account Balance Finance Charges: This is the interest charged on the balance of your Account during each billing cycle. The Finance Charge is calculated from the date that each advance, check or charge is posted to your Account. The Finance Charge is computed by multiplying the average daily balance in your Account in each billing cycle times the monthly periodic rate stated on page one. The average daily balance is determined by totaling all daily unpaid balances in each billing cycle and dividing the total by the number of days in that cycle (but not less than thirty). A daily unpaid balance is the amount owed each day, excluding any unpaid Finance Charge, Administrative Charges, and credit insurance charges for prior billing cycles. Annual Fee: You agree to pay an Annual Fee as stated on page one for participation in this revolving credit plan. The nitin-uaT Fee is stated on page one and is due and payable on the date that your Account is established, and the subsequent Annual Fee stated on page one is due and payable on the same day of each subsequent year. You agree that this fee may be charged to your Account balance. Bad Check Charge: If you pay by a check which is returned for any reason, you agree to pay a bad check charge of $20. Late Charge: If you do not pay any required Minimum Monthly Payment within 15 days after it is due, you agree to pay a ate c arge of 10% of the Minimum Monthly Payment due or $20, whichever is greater (excluding any unpaid late charges and amounts due from prior billing cycles). NOTICE: SEETHE FOLLOWING PAGES FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS p? ?t?p 03-01-00 1111111?1101?1111111111111111111111N ?t1111111111111111 Milli III III III 111001111 PA056362 "P996FOAE1C97RLA900aPAOS5352ONKPAOLETTA • ORIGINAL 3 of 4) 1 PERSONAL` CREDIT LINE ACCOUNT AGREEMENT'(* r Other Charges: You agree to pay any amounts actually incurred by Lender for services rendered in connection with the ersona, re It Line Account.for fees paid to public officials in connection with perfecting, recording, releasing or ?• 1J•Y satisfying a security inte'rest'in the security. You agree that these fees may be charged to your Account a ante. Exc4 ange.o0uformatiod' Yuu understand that from time to time we may receive credit information concerning you l- rom_ot ers;.sllc as stores, other lendere, and credit reporting agencies. You authorize us to share any information, on a `"regulaiN?basis,-we obtain related to your Account, including but not limited to credit reports and insurance information, 7 ri-icith any of'dur affiliated corporations, subsidiaries or other third'.parties_ The uses of this information may include an "`inquiry to determine if_ you qualify for additional offers of erefdit. You also authorize us to share any information regarding your Account with any'of our affiliated corporations, subsidiaries or other third parties. You may prohibit the sharing of such information (except for the sharing of information about transactions or experiences between us and you) by sending a written request-which'contains your full name, Social Security Number and Address to us at P.O. Box 1547, Chesapeake, VA 23320. If you fail to'fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Crbdi `Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release.your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. ?- Termination and Changes in the Agreement: We can terminate your right to obtain additional advances or change the terms o this Agreement, including increasing the rate of-Finance Charge at any time. Prior written notice will be given to you when required by applicable law unless you consent to the change before that time. Changes may apply to both new and outstanding balances unless prohibited by applicable law. Default and Cancellation of Agreement: We have the right to require you to pay your entire balance plus all other accrue but unpaid charges Imm Late y an or to cancel your credit privileges under this Agreement because of: (a) failure to make any payments in full when due under this Agreement; (b) frequent overdrawing of your line of credit; _.(c) failure to supply us with any information requested; (d) supplying us with misleading, false, incomplete or incorrect information; [ `(e) breaking any of the promises, terms or conditions that are contained in this Agreement; l (f) 'the filing of a bankruptcy petition by or against you; I. ( (g) the death of any borrowec who signs this Agreement; or (h) the sale or transfer of any interest in the property Iamuring this agreement (this includes the creation of a subordinate lien). After default, you will pay our court costs, reasonable attorney fees (if attorney is not our salaried employee), and other collection coats related to the default, if not prohibited by applicable law. Any balance outstanding under this Agreement when the credit limit is terminated will continue to accrue interest at the contract rate until paid in full. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important imformation about your rights and Lender's responsibilities under the Fair Credit Billing Act. Notify Lender In Case of Error's or Questions About Your Bill If you think your bill is wrong, or if you need more information about'a transaction on your bill, write Lender on a separate sheet at the address listed on your bill after the words: "Send your billing error notice to: (Lender's, name and address)." Write to Lender as soon as possible. Lender must hear from you no later than 60 days after Lender sent you the first bill on which the error or problem appeared. You can telephone Lender, but doing,so will not preserve your rights. NOTICE SEE THE FOLLOWING PAGE FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS. .F31RE-00 gw1 'apll'a'IeI'I?III '¦rya?IlfE'1ryI' ¦®m agaa?Ilt'?IU.Iry.?I II' apE' ty? '?a'au'` PAUSS363 N? I YHI11114W1 ? IN6111 W ?tl W ?) IIPI ISO llld I? ?? I? IW I? ? NI ? 6? I? ?? ?) 41¦ A "P986FOAEIC97RLA9000PA0563630"'PAOLETTA ORIGINAL PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 4 of 4) In your letter, give Lender the following information: • Your name and account number. .t • The dollar amount of the suspected error. awa*<, • Describe the error and explain, if you can, why you believe there is an error. If you need more informs 'on; describe the item you are not sure about. Your Rights and Lender's Responsibilities After Lender Receives Your Written Notice Lender must acknowledge your letter within 30 days, unless Lender has corrected the error by then. Within 90 days, Lender must either correct the error or explain why Lender believes the bill was correct. After Lender receives your letter. Lender cannot try to collect any-amount you question, or report you as delinquent. Lender can continue to bill you for the amount you question, including finance charges, and Lender can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while Lender is investigating, but you are still obligated to pay the parts of your bill that are not in question. If Lender finds that Lender made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If Lender did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case,. Lender will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that Lender thinks you owe, Lender may report you as delinquent. However, if Lender's explanation does not satisfy you and you write to Lender within ten days telling Lender that you still refuse to pay, Lender must tell anyone Lender reports you to that you have a gtiestion about your bill. And, Lender must tell you the name of anyone Lender reported you to. Lender must tell anyone Lender reports you to that the matter has been settled between us when it finally is. If Lender doesn t follow these rules, Lender can't collect the first $50 of the questioned amount, even if your bill was correct Alternative Dispute Resolution and Other Riders: The teems of the Arbitration Agreement and any other Riders sign as part o t is oan iransactton are tncorpora into this Agreement by reference. Applicable Law: The terms and conditions of this Agreement will be governed by the provisions of the Pennsylvania Consumer tscount Company Act, Chapter 7, Sections 6201 through 6221, Purdon's Pennsylvania Statutes Annotated, particularly Section 6217.1. Before signing this Agreement, you have read and received this Agreement and the Federal Truth-In-Lending disclosures contained in it. You, the customer(s) signing below, agree to observe the terms and conditions of this Agreement. This Agreement is entered under the applicable provisions of Federal law and the Pennsylvania Consumer Discount Co an Act. rOc SEAL) ustomer tgnature Date: _jx? /Af?) Witness 03-01-00 RL F NRE Customer tgnature (SEAL) Data (SEAL) fIIIVIIII?NI?Il011VIlVI?VpBIpIIflVWVI?II?I11111V1?IIVlIgIIIII?IVIII?IIVQIIVIIVIIIVIIVn OP996FOAEIC97RLA9000PA056364OH PAOLETTA ORIGINAL PA056364 r -- ;'•? ARBITRATION RIDER (Page 1 of 2) This Arbitration Rider is signed as part of your Agreement with Lender and is made a part of that Agreement. By signing this Arbitration Rider, you agree that either Lender or you may request that any claim, dispute, or controversy (whether based. upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pro-exisring, present or future), including initial claims, counterclaims, and third party claims, arising from or relating to this. Agreement or the relationships which result from this Agreement, including the validity or enforceability. of this arbitration clause, any part thereof or the entire Agreement ("Claim"), shall be resolved, upon the election of you or us, by binding arbitration pursuant to this arbitration provision and the applicable rules or procedures of the arbitration administrator selected at the time the Claim is filed. The party initiating the arbitration proceeding shall have the right to select one of the following three arbitration administrators- the National Arbitration Forum ("NAF"), the American Arbitration Association ("AAA") or JAMSlEndispute ("JAMS"). The arbitrator shall be a lawyer with more than ten years experience or a retired or former judge. The arbitrator shall be independent of and unrelated to you or Lender. The rules and forms of the NAP, AAA and JAMS may be obtained by writing to or calling these organizations at the adresses and/or telephone numbers listed below. Our address for the Service of process under this provision is P.O. Box 1547, Chesapeake, VA 23320. Any participatory arbitration hearing that you attend will take place in the city nearest to your residence where-a,federal district court is located or at such other location as agreed by the parties. If Lender files a Claim, Lender shall pay all the filing costs. If you file a Claim, the filing costs shall be paid as follows: (a). Lender agrees to pay for the initial cost of the filing the Claim up to the maximurri amount $100:00:'(b) for the filing coats over $100.00, such additional cost shall be divided equally between us up to the amount charged' by the arbitration administrator for a Claim equal to your loan amount; and (c) all costs over the amount charged by the arbitration administrator for a Claim equal to your loan amount shall be paid by,-you.'•The cost of up to one full day of arbitration hearings will be shared equally between us. Fees for hearings that exceed-one day will be paid'by the requesting party. We shall each bear the expense of our respective attorneys fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, or the fees paid to the arbitration administrator, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary contained herein. If the arbitrator issues an award in our favor you will not be required to reimburse us for any fees we have previously paid to the arbitration administrator or for which we are responsible. This Arbitration Rider is made pursuant to,a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 - 16 (the "FAA"). The Arbitrator shall apply applicable substantive law consistent with the FAA, including laws concerning reception, rejection and consideration of evidence, and shall provide written reasoned findings of fact and conclusions of law. The Arbitrators award shall not be subject to appeal except as permitted by the FAA. The parties agree that the award shall be kept confidential. Judgement upon the award may be entered in any court having jurisdiction. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The Arbitrator shall be empowered to impose sanctions and to take such other actions as the Arbitrator deems necessary to the same extent as could be imposed by a judge pursuant to the Federal Rules of Civil Procedure. This Arbitration Rider shall survive repayment of your loan and/or termination of the Agreement. If any portion of this Arbitration Rider is deemed invalid or unenforceable under any law or statute consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Rider of the Agreement. In the event of a conflict or inconsistency between the rules and procedures of the arbitration administrator and this Arbitration Rider, this Arbitration Rider shall govern. No class actions or joiner or consolidation of any Claim with the claim of any other person are permitted in arbitration without the written consent of you and us. No provision of, nor the exercise of any rights under this Arbitration Rider shall limit the right of any party during the pendency of any Claim, to seek and use ancillary or preliminary remedies, judicial or otherwise, for the purposes of realizing upon, preserving, protecting or foreclosing upon any property involved in any Claim or subject to the loan documents. The use of the courts shall not constitute a waiver of the right of any party, including the plaintiff, to submit any Claim to arbitration nor render inapplicable the computsory*arbitration provisions contained in this Arbitration Rider. 11-30-99 ARBIT RIDER US024641 "P9a6F0AE1C97RLA9000PA056365D""PAOLETTA " ORIGINAL ARBITRATION RIDER (Page 2 of 2) !!l THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You may contact, obtain the arbitration rules of, or file a Claim with. NAF, AAA, or JAMS as follows: National Arbitration Forum P.O. Box 50191 Minneapolis, MN 55405 (800) 474-2371 Print Name: ,LC/f??? Print Name: American Arbitration Association 1150 Connecticut Ave, NW, 6th Floor Washington, DC 20036-4104 (800) 925-0155 www.arb-forum.org www.adr.org 0 0 voce ure r itratlon ules for Consumer Related Disputes (Claims under $10,000). Commercial rbitration Rules (all other claims), f Borrower: ? elIK;k -- Borrower: LEN R By: Date; 11-30-99 ARBIT RIDER I???I ItlIIIIIu?I??III?IYII??? ?IIIYII??B6I? •P986FOAEIC97RLA9000PA0563660"•PAOLETTA J.A.M.S.(Endispute 70011th. St., NW, Suite 450 Washington, DC 20001 (800) 352-5267 www.jamsadr.com lnancta ervlces Arbitration Rules and Procedures. 11011101111111 ORIGINAL US024642 LOAN CLOSING STATEMENT REVOLVING LOAN VOUCHER CREDITOR HOUSEHOLD FINANCE CONSUMER DISCOUNT COI ANYI I 25 GATEWAY DRIVE J GATEWAY SQUAREISUITE 107 I MECHANICSBURG PA 17055 BORROWERS PAOLETTA, MICHAEL L 1771 S MEOOW OR MECHANICSBURG PA 17055 LOAN NO: 713303-10-118857 Borrowers agree to and direct the disbursements and Advance indicated below. If any estimated amount shown below varies from the actual amount paid, Borrowers agree to the disbursement of the actual amount and a corresponding change to the Advance shown below. Borrowers agree that this Advance is made under Borrowers' Revolving Loan Agreement (account number shown above.) TO; HFC 71330300988212 ............. ........................... ...s 4027.98 CASH OR CHECK TO BORROWER........... ..........................................S 372.04 TOTAL ADVANCE(S) ............... ..........f 4400,00 BO7 W iiui??iiim??uu?iUIO11??II?INI?IIdI?BBIIIII?I?UIIII?ImI1?II??NIIN????nU?l? •P988FOAE1C97RLV90DOPA1379110RAPAOLETTA ORIGINAL PA137911 FEH'01 2002 09=47 FR MOLLICA AND MURRAY 4123817111 TO PG P.02i02 VERIFICATION Patricia Garcia, Recovery Specialist for HOUSEHOLD FINANCE CONSUM DnCOUNT .C01-IPANY, a Household International Company deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Patricia Garcia THIS Is AN ATTEMPT TO COLLECT A DENT AND ANY BRORMATION OBTAINED WILL eE USED FOR THAT PURPOSE. ** TOTAL PAGE.02 ** c3 c1 ? -n 0 al 7 (1 5> c t Ufn I Dv) SHERIFF'S RETURN - REGULAR CASE NO: 2002-01732 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS PAOLETTA MICHAEL L RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PAOLETTA MICHAEL L DEFENDANT , at 2035:00 HOURS, on the at 1771 SOUTH MEADOW DRIVE MECHANICSBURG, PA 17055 MICHAEL PAOLETTA the 9th day of April , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this /a L= day of 1i/L??`P a2uo?? A.D. n r thonotary So Answers: R. Thomas Kline 04/10/2002 MOLLICA & MURRAY By : Deputy Sherif HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY INDUSTRIES, INC. Plaintiff V. MICHAEL PAOLETTA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1732 Civil Term ANSWER Please find attached Demand for pretrial Discovery for Pretrial pursuant to Pennsylvania Rules of Civil Procedure 4003.1. Answers to Demand for Pretrial discovery and delivery of document[s] are required within Thirty [30] days upon receipt of this Demand at the location off Michael Lynn Paoletta, 1771 South Meadow Drive, Mechanicsburg, Pa. 17055 Date: April 29, 2002 Signed Without rejudice by Michael Lynn Paoletta HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff V. MICHAEL PAOLETTA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1732 Civil Term A N S W E R THE DEFENDANT, MICHAEL PAOLETTA, ACTING AS MY OWN ATTORNEY HEREBY ASWER THE PLAINTIFF'S ALLEGATINS. 1. Agreed 2. Denied. All capital letter name is a misnomer and is not recognized by myself. 3. It is admitted that on or about July 14,2000, MICHAEL L. PAOLETTA [hereinafter "Defendant] executed a note for a renewal of a purported loan-which loan was represented by a Bank officer to be a single loan transaction with a source of funding independent of the documents that I was being required to sign; it is affirmatively averred on information and belief that the representation by HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY [ Hereinafter "BANK"] was false and was a fraud on the Defendant in the following particulars where it is affirmatively averred on information and belief that: a. The Bank deposited the Note to a demand deposit account and issued a check against it with "check- book money", using the Note to increase the assets of the Bank by the use of methods which should equal Generally Accepted Accounting Procedures ["GAAP"]. This was the exchange of value for the loan. b. The Bank committed fraud on the Defendant by failing to disclose to the Defendant that "Bank" was monetizing the loan through the use of GAAP, in effect requiring the borrower to fund their own loan. C. The bank further committed fraud on the Defendant by failing to disclose to the Defendant that the security agreement [s] they were being required to sign were negotiable instruments which the Bank could then put into the stream of commerce and sell or trade for value, Thereby increasing the assets of the Bank by double the value of the loan, [sI, before any payments were made by the Defendant. d. The Bank further committed fraud on the Defendant by failing to disclose from the inception of their dealings with the Defendant that the Bank fully intended to double, triple and quadruple the Bank's profit on the transaction by requiring the Defendant to pay interest for the use of the Defendant's own valuable note and/or security agreement[s]; The Bank compounded the fraud by subsequently threatening legal action against Defendant for additional payments to Bank for money that the Bank created out of thin air from the use of Defendant's Notes and/or Security Agreement. The Bank paid nothing of its own money from investments, demand deposit account money or other customer's money. e. The Bank's having proceeded with the transaction in spite of its own knowledge that it was not funding the loan in question with a valuable consideration other than that belonging to the Defendant, constitutes an unauthorized alteration of the instrument of the iSee the BOOKLET issued by the Federal Reserve Bank of Chicago entitled: "Modern Money Mechanics; 1992 edition; pp.3 to 11 [Attached to this Answer and marked Exhibit 1,]"the actual process of money creation takes place primarily in banks. As noted earlier, these checkable liabilities of banks are money." The Paoletta Note(s]was a "checkable liability" of the Plaintiff's Bank from which it created the money to write the check for loan proceeds. Failure to disclose this to Defendant in the Note[s] and/or Security Agreement[s] was fraud in the inception. Negotiable to section Alteration. Instruments taken from the Defendant contrary §§ 3407 of the Pennsylvania Uniform code on 4. It is admitted that the Note[s] and contracts speak for themselves as to the their contents and it is affirmatively averred on information and belief that the Bank altered the contracts by adding their undisclosed purpose to furnish no new consideration for the loan[s] from funding sources other than the Defendants' [s] Note[s]; It is further affirmatively averred that all Affirmative Defenses interposed in this Answer are repeated verbatim and asserted to this averment. 5. It is admitted that the Note[s] and contract speck for themselves as to their contents and it is affirmatively averred on information and belief that the averment in Complaint Count 1 through 8 is unenforceable for the reason that on information and belief, the Bank altered the contracts by adding their undisclosed purpose to furnish no new consideration for the loan[s] from funding sources other than the Defendants' Note[s]; It is further affirmatively averred that all Affirmative Defenses interposed in this answer are repeated herein verbatim and asserted to this averment. The Plaintiff is in default. Please examine Exhibit 2,On November 30, 2001, Defendant mailed two Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt. Certified Mail 47000-1530-0001-0192-9653. In Exhibit 2, you will find a copy of the order that was mailed to two different locations, green cards and certified mail receipt. 6. Denied. 4. It is admitted that the Note[s] and contracts speak for themselves as to the their contents and it is affirmatively averred on information and belief that the Bank altered the contracts by adding their undisclosed purpose to furnish no new consideration for the loan[s] from funding sources other than the Defendants'[s] Note[s]; It is further affirmatively averred that all Affirmative Defenses interposed in this Answer are repeated verbatim and asserted to this averment. 7. Denied. Plaintiff is in default for not responding within thirty days under my Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt. It is admitted that the Note[s] and contracts speak for themselves as to their contents and it is affirmatively averred on information and belief that the collection action is not effective within the meaning and terms of 13 Pa.C.S. §9203[b] for the reason the Bank failed to make full disclosure of all the particulars of the transaction within their fiduciary duty to Defendant, did not give value for the Security Agreement instruments as such documents were bifurcated and executed separate and apart from the exchange of the Note[s]. The Bank did not give additional consideration of value to Defendant making the Security[s] or Note[s] unenforceable under Section [a] of 13 Pa. C.S.. §9203; It is further affirmatively averred that all Affirmative Defenses interposed in this answer are repeated herein verbatim and asserted to this averment. 8. It is admitted that the Note[s] and contract speck for themselves as to their contents and it is affirmatively averred on information and belief that the averment in Complaint Count 1 through 8 is unenforceable for the reason that on information and belief, the Bank altered the contracts by adding their undisclosed purpose to furnish no new consideration for the loan[s] from funding sources other than the Defendants' Note[s]; It is further affirmatively averred that all Affirmative Defenses interposed in this answer are repeated herein verbatim and asserted to this averment. WITH EXPLICIT RESERVATION OF ALL RIGHTS WITHOUT PREJUDICE. 13 P.a..C.S.§3501 [3], C.S. §3415 [b] /Michael PaO eta ? ,/ Modern AWorkbook on Bank Reserves and DEFENDANTS' AND CROSS PLAINTIFFS' EXHIBIT. { Federal Reserve Bank of Chicago Modern Money Mechanics The purpose of this booklet is to describe the basic process of money creation in a fractional reserve" bank- ingsystem. The approach taken illustrates the changes in bank balance sheets that occur when deposits in banks change as a result of monetary action by the Federal Reserve System - the central bank of the United States. The relationships shown are based on simplifying assumptions. For the sake of simplicity, the relationships are shown as if they were mechanical, but they are not, as is described later in the booklet. Thus, they should not be interpreted to imply a close and predictable relation- ship between a specific central bank transaction and the quantity of money. The introductory pages contain a briefgeneral description of the characteristics of money and how the U.S. money system works. The illustrations in the fol- lowing two sections describe two processes. first, how bank deposits expand or contract in response to changes in the amount of reserves supplied by the central bank; and second, how those reserves are affected by both Federal Reserve actions and otherfactors. Afinal sec- tion deals with some of the elements that modify, at least in the short run, the simple mechanical relationship between bank reserves and deposit money. Money is such a routine part of everyday living that its existence and acceptance ordinarily are taken for grant- ed. A user may sense that money must come into being either automatically as a result of economic activity or as an outgrowth of some government operation. But just how this happens all too often remains a mystery. What Is Money? If money is viewed simply as a tool used to facilitate transactions, only those media that are readily accepted in exchange for goods, services, and other assets need to be considered. Many things - from stones to baseball cards - have served this monetary function through the ages. Today, in the United states, money used in transactions is mainly of three kinds - currency (paper money and coins in the pockets and purses of the public); demand deposits (non-interest bearing checking accounts in banks); and other checkable deposits, such as negotiable order of withdrawal (NOW) accounts, at all depository institutions, including commercial and savings banks, savings and loan associations, and credit unions. Travelers checks also are included in the definition of transactions money. Since $1 in currency and $1 in checkable deposits are freely con- vertible into each other and both can be used directly for expenditures, they are money in equal degree. However, only the cash and balances held by the nonbank public are counted in the money supply. Deposits of the U.S. Trea- sury, depository institutions, foreign banks and official institutions, as well as vault cash in depository institutions are excluded. This transactions concept of money is the one desig- nated as M1 in the Federal Reserve's money stock statis- tics. Broader concepts of money (M2 and M3) include Ml as well as certain other financial assets (such as savings and time deposits at depository institutions and shares in money market mutual funds) which are relatively liquid but believed to represent principally investments to their holders rather than media of exchange. While funds can be shifted fairly easily between transaction balances and these other liquid assets, the money-creation process takes place principally through transaction accounts. In the remainder of this booklet, "money" means mi. The distribution between the currency and deposit components of money depends largely on the preferences of the public. When a depositor cashes a check or makes a cash withdrawal through an automatic teller machine, he or she reduces the amount of deposits and increases the amount of currency held by the public. Conversely, when people have more currency than is needed, some is re- turned to banks in exchange for deposits. While currency is used for a great variety of small transactions, most of the dollar amount of money pay- ments in our economy are made by check or by electronic 2 1 Modem Money Mechanics transfer between deposit accounts. Moreover, currency is a relatively small part of the money stock. About 69 percent, or $623 billion, of the $898 billion total money stock in December 1991, was in the form of transaction deposits, of which $290 billion were demand and $333 billion were other checkable deposits. What Makes Money Valuable? In the United States neither paper currency nor deposits have value as commodities. Intrinsically, a dollar bill is just a piece of paper, deposits merely book entries. Coins do have some intrinsic value as metal, but generally far less than their face value. What, then, makes these instruments - checks, paper money, and coins - acceptable at face value in payment of all debts and for other monetary uses? Mainly, it is the confidence people have that they will be able to exchange such money for other financial assets and for real goods and services whenever they choose to do so. Money, like anything else, derives its value from its scarcity in relation to its usefulness. Commodities or ser- vices are more or less valuable because there are more or less of them relative to the amounts people want Money's usefulness is its unique ability to command other goods and services and to permit a holder to be constantly ready to do so. How much money is demanded depends on several factors, such as the total volume of transactions in the economy at any given time, the payments habits of the society, the amount of money that individuals and businesses want to keep on hand to take care of unexpect- ed transactions, and the foregone earnings of holding financial assets in the form of money rather than some other asset. Control of the quantity of money is essential if its value is to be kept stable. Money's real value can be mea- sured only in terms of what it will buy. Therefore, its value varies inversely with the general level of prices. Assuming a constant rate of use, if the volume of money grows more rapidly than the rate at which the output of real goods and services increases, prices will rise. This will happen be- cause there will be more money than there will be goods and services to spend it on at prevailing prices. But if, on the other hand, growth in the supply of money does not keep pace with the economy's current production, then prices will fall, the nation's labor force, factories, and other production facilities will not be fully employed, or both. Just how large the stock of money needs to be in order to handle the transactions of the economy without exerting undue influence on the price level depends on how intensively money is being used. Every transaction deposit balance and every dollar bill is a part of some- body's spendable funds at any given time, ready to move to other owners as transactions take place. Some holders spend money quickly after they get it, making these funds available for other uses. Others, however, hold money for longer periods. Obviously, when some money remains idle, a larger total is needed to accomplish any given volume of transactions. Who Creates Money? Changes in the quantity of money may originate with actions of the Federal Reserve System (the central bank), depository institutions (principally commercial banks), or the public. The major control, however, rests with the central bank. The actual process of money creation takes place primarily in banks.' As noted earlier, checkable liabilities of banks are money. These liabilities are customers' ac- counts. They increase when customers deposit currency and checks and when the proceeds of loans made by the banks are credited to borrowers' accounts. In the absence of legal reserve requirements, banks can build up deposits by increasing loans and investments so long as they keep enough currency on hand to redeem whatever amounts the holders of deposits want to convert into currency. This unique attribute of the banking busi- ness was discovered many centuries ago. It started with goldsmiths. As early bankers, they initially provided safekeeping services, making a profit from vault storage fees for gold and coins deposited with them. People would redeem their "deposit receipts" whenever they needed gold or coins to purchase something, and physically take the gold or coins to the seller who, in turn, would deposit them for safekeeping, often with the same banker. Everyone soon found that it was a lot easier simply to use the deposit receipts directly as a means of payment These receipts, which became known as notes, were ac- ceptable as money since whoever held them could go to the banker and exchange them for metallic money. Then, bankers discovered that they could make loans merely by giving their promises to pay, or bank notes, to borrowers. In this way, banks began to create money. More notes could be issued than the gold and coin on hand because only a portion of the notes outstanding would be presented for payment at any one time. Enough metallic money had to be kept on hand, of course, to redeem what- ever volume of notes was presented for payment. Transaction deposits are the modern counterpart of bank notes. It was a small step from printing notes to mak- ing book entries crediting deposits of borrowers, which the borrowers in turn could "spend" by writing checks, thereby "printing" their own money. ' In order to describe the money-creation process as simply as possible, the term "bank" used in this booklet should be understood to encompass all depositoryinstitutions. Since the Depository Institutions Deregulation and Monetary Control Act of 1980, all depository institutions have been permit- ted to offer interest-bearing transaction accounts to certain customers. Transaction accounts (interest-bearing as well as demand deposits on which payment of interest is still legally prohibited) at all depository institutions are subject to the reserve requirements set by the Federal Reserve. Thus all such institutions, not just commercial banks, have the potential for creating money. Introduction 1 3 What Limits the Amount of Money Banks Can Create? If deposit money can be created so easily, what is to prevent banks from making too much - more than suffi- cient to keep the nation's productive resources fully em- ployed without price inflation? Iike its predecessor, the modern bank must keep available, to make payment on demand, a considerable amount of currency and funds on deposit with the central bank 'Me bank must be prepared to convert deposit money into currency for those deposi- tors who request currency. It must make remittance on checks written by depositors and presented for payment by other banks (settle adverse clearings). Finally, it must maintain legally required reserves, in the form of vault cash and/or balances at its Federal Reserve Bank, equal to a prescribed percentage of its deposits. The public's demand for currency varies greatly, but generally follows a seasonal pattern that is quite predict- able. The effects on bank funds of these variations in the amount of currency held by the public usually are offset by the central bank, which replaces the reserves absorbed by currency withdrawals from banks. (just how this is done will be explained later.) For all banks taken together, there is no net drain of funds through clearings. A check drawn on one bank normally will be deposited to the credit of another account, if not in the same bank, then in some other bank. These operating needs influence the minimum amount of reserves an individual bank will hold voluntarily. However, as long as this minimum amount is less than what is legally required, operating needs are of relatively minor importance as a restraint on aggregate deposit ex- pansion in the banking system. Such expansion cannot continue beyond the point where the amount of reserves that all banks have is just sufficient to satisfy legal require- ments under our "fractional reserve" system. For example, if reserves of 20 percent were required, deposits could expand only until they were five times as large as reserves. Reserves of $10 million could support deposits of $50 mil- lion. The lower the percentage requirement, the greater the deposit expansion that can be supported by each addi- tional reserve dollar. Thus, the legal reserve ratio together with the dollar amount of bank reserves are the factors that set the upper limit to money creation. What Are Bank Reserves? Currency held in bank vaults may be counted as legal reserves as well as deposits (reserve balances) at the Federal Reserve Banks. Both are equally acceptable in satisfaction of reserve requirements. A bank can always obtain reserve balances by sending currency to its Reserve Bank and can obtain currency by drawing on its reserve balance. Because either can be used to support a much larger volume of deposit liabilities of banks, currency in circulation and reserve balances together are often refer- red to as "high-powered money" or the "monetary base." Reserve balances and vault cash in banks, however, are not counted as part of the money stock held by the public. For individual banks, reserve accounts also serve as working balances 2 Banks may increase the balances in their reserve accounts by depositing checks and proceeds from electronic funds transfers as well as currency. Or they may draw down these balances by writing checks on them or by authorizing a debit to them in payment for currency, customers' checks, or other funds transfers. Although reserve accounts are used as working balances, each bank must maintain, on the average for the relevant reserve maintenance period, reserve balances at the Reserve Bank and vault cash which together are equal to its required reserves, as determined by the amount of its deposits in the reserve computation period. Where Do Bank Reserves Come From? Increases or decreases in bank reserves can result from a number of factors discussed later in this booklet. From the standpoint of money creation, however, the essential point is that the reserves of banks are, for the most part, liabilities of the Federal Reserve Banks, and net changes in them are largely determined by actions of the Federal Reserve System. Thus, the Federal Reserve, through its ability to vary both the total volume of reserves and the required ratio of reserves to deposit liabilities, influences banks' decisions with respect to their assets and deposits. One of the major responsibilities of the Federal Reserve System is to provide the total amount of reserves consistent with the monetary needs of the economy at reasonably stable prices. Such actions take into consider- ation, of course, any changes in the pace at which money is being used and changes in the public's demands for cash balances. 'Me reader should be mindful that deposits and reserves tend to expand simultaneously and that the Fed- eral Reserve's control often is exerted through the market- place as individual banks find it either cheaper or more expensive to obtain their required reserves, depending on the willingness of the Fed to support the current rate of credit and deposit expansion. While an individual bank can obtain reserves by bidding them away from other banks, this cannot be done by the banking system as a whole. Except for reserves borrowed temporarily from the Federal Reserve's discount window, as is shown later, the supply of reserves in the banking system is controlled by the Federal Reserve. Moreover, a given increase in bank reserves is not necessarily accompanied by an expansion in money equal to the theoretical potential based on the required ratio of reserves to deposits. What happens to the quantity of Tart of an individual bank's reserve account may represent its reserve balance used to meet its reserve requirements while another part may be its required clearing balance on which earnings credits are generated to pay for Federal Reserve Bank services. money will vary, depending upon the reactions of the banks and the public. A number of slippages may occur. What amount of reserves will be drained into the public's currency holdings? To what extent will the increase in total reserves remain unused as excess reserves? How much will be absorbed by deposits or other liabilities not defined as money but against which banks might also have to hold reserves? How sensitive are the banks to policy actions of the central bank? The significance of these questions will be discussed later in this booklet. The an- swers indicate why changes in the money supply may be different than expected or may respond to policy action only after considerable time has elapsed. In the succeeding pages, the effects of various trans- actions on the quantity of money are described and illus- trated. The basic working tool is the'T' account, which provides a simple means of tracing, step by step, the effects of these transactions on both the asset and liability sides of bank balance sheets. Changes in asset items are entered on the left half of the'T' and changes in liabilities on the right half. For any one transaction, of course, there must be at least two entries in order to maintain the equality of assets and liabilities. 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T'? °dFoL'aamc or° spot' moo "oa oa yv ° ?Q .n •3 ? d m .D m F ?3 E o w +•s o 3 m? a? 3 k° '? v S Z o p? 8° n y aQ b` x a C ° AC o a 1.4 v L3oE?9 a? ?atia???o °EE m??° ?meA n m M Copies of this workbook are available from: Public Information Center Federal Reserve Bank of Chicago P.O. Box 834 Chicago, IL 60690-0834 [3121322-5111 This publication originally was written by Dorothy M. Nichols in May 1961. The June 1992 revision was prepared by Anne Marie L. Gonczy REVISED May 1968 September 1971 June 1975 October 1982 June 1992 40M Printed in U.S.A. ® Printed on recycled paper FEDERAL RESERVE BANK OF CHICAGO NON- NE0O77ABLE N(MCF. fRom Michael Lynn Paolotta 1771 South Meadow Drive Mechanicsburg, Ps 17055 Certified Mail M )000 RE. 713303-10-116657-3 DATE' November 30.2001 Tor HOUSEHOLD BANK PAUL GUYER 941 SEAHAWK CIRCLE VIRGINIA BEACH VA. 23452 Is-30 0001 .vi9a- 96x3 NON-NEGOTIABLE, NON•TRANSF'ERA91.E Demand ai Cease and Desist Collection Activities Prior to Validation of Purported Debt RE: IWCHAELL. PAOLETTA/ Card number 713303-10-116657-3 Pursuant to the Fair DeN Collodion Ractioes Act, 15 U.S.C. 1601.1692 a. saq,. this constitutes timely written notice that 1 dispute the entire amount of the alleged loan and that I decline to pay the attached erroneous purported debt Notice which is unsigned and unattested and which I discharge and conool in its entirety, without dishowir, on the grounds of breach of oentrast, false representation, and fraud in the inducement. 15 U. S.C. 1692 (c) states theta "false, deceptive, and misleading repro=Whon, in comectim with the collection of any debt," includes the false representation of the chersotar or legal status of any debt and father makes a threat to take any adim that cannot legally be taken a dediptfve practice. Such Notice omits information, which should have been disclosed, such as vital atstiwts, disclosing the agency's jurisdictional and statutory stuhority. Said Notice folser eantsiro false, docepave and misleading representations, and allegations intended to missitiouslly pervert the tru0i for the purpose of inducing one, in reliance htpon arch, to pat with property belonging to than and to surrender certain substantive legal and statinory rights. To an upon this Nance would drttast one of hisIber property and their prerogative rights, reaWting in s legal injury. Pursuant to 15 U S C. M92(g)(4) Validation of Debts. if you have evidence to validate your claim that the attached presentment does not uwnstitme tFasduk" misrelaenasaation and that one owes this debt, this is a demand that, within thirty (30) days, you pmide such volidation and supporting mideeae to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been met and your claim is validated, you have no jurisdidfon to continue env collection activities 9. According to the bank's bookkeeping entries, if the bank paid its debt associated with granting leans, could it pay the debt the borrower owes the bank? 10. According to the bank's policy, did the Borrower provide the bank with an asset, and the bank returned the value of that back to the same Borrower calling it a loan? 11. According to the bank's policy, does the bank act like a moneychanger, receiving an asset from the Borrower and returning the value of the asset back to the same Borrower and charging as if there was a loan? 12. What are all of the bookkeeping entries related to and associated with the bank transactions for these accounts? 13. According to the written agreement, was the Borrower to loan anything to the bank? 14. According to the written agreement, was the Borrower to give the tank anything of value of which the bank liabilities increased by the amount of what the bank received? 15. According to voter understanding according to the written agreement, was there to be an exchange of equal value for equal value between the bank and the Borrower? 16. How can the bank's liabilities increase by the amount of the loan if they did not receive a deposit or a loan or an exchange from the Borrower? 17. If the bank is complying with the Federal Reserve Bank's policies and procedures when issuing credit and charging interest, is the Borrower's transaction account credited for the same amount borrowed, and is that the matching liability for the amount that is debited to the bank's asset account? (Federal Reserve Bank of Chicago, lvk?dom Money Mechanics, p.6, and Two Faces of Debt, pp. 17-19). 18, If "A deposit created through lending is a debt that has to be paid on the demand of the depositor, just the same as the dell arising from a customer's deposit of cheeks or currency in the bank." (Federal Reserve bank of Chicago, Two Faces of Debt, p.19), does that mean that the bank outs the Borrower for the deposits made in connection with loan transactions? 19. When granting kerns, if the bank's liabilities did not increase, would the bank be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modem Money Mechanics,p.6, and Two Faces of Debtppl7-19.) 20. If the bank does not repay "a deposit created through lending» would it be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modern Money Mechanics,p.6, and Two Faces of Debt,pp. 37-19) 21. When a loan is not repaid, is the one who funded the loan damaged? 22. When the bank does not repay upon demand the deposit made by the Borrower, toes it show that the poliev and intent of the bank is to deny equal protection of the law and credit to the &irrower? 23. When the bank does not reveal the substance of the fmin of the loan agreement to the Borrovvm, does it show that the policy and intent of the tank is to deny full disclosure of the terms of the agreement to the Burrower? COPY 24. Do the Generally Accepted Accounting Principals (GAAP), the Generally Accepted Accounting Swndatds(GAAS), the Audit Reports, the Auditor's Working Papers. the Call Reports, and the bank's financial statements (that are related to and associated with the loan transaction) reveal the substance of the loan agreement? 25. if the substance of the loan agreement does not match the written form of the agreement, does it segnifiesntly change the cost and the risk of the written agreement? 26 is full disclosure of material facts essential to a valid contract in order to have mutual agreement? 27. In your opinion, is it material or important to know which party is to fund the loan in order to know who is damaged if the loan is not repaid? 29. In your opinion, do you believe the Borrower intended to provide the consideration tc fund the loan? 29. If the bank did not risk any of its assets at the time regarding the written agreement, was this material fact ever disclosed to the Ba'rover? 3o. In war opinion, if "An unconscionable bargain or contract is one which no man ut his senses, not under delusion, would make, on the one hard, and which no fair and honest man would accept, on the other... [It isl "usually held to be void as against public policy." (Black's Law Dictionary, 6th Edition), would a lean agreement that takes the Borrower's assets as the funding for a loan back to the Borrower, and then requires that the Borrower to pay back that loan with interest to a third party, and then does not require the repayment of the Borrower's funds back to the Borrower, be an agreement that is unconscionable 7 31.. According to your understanding of the alleged agreement, if the Borrower was to provide the funds for the loans for the bank, would the alleged agreement, in your opinion, be unconscionable as defined in Black's Law Dictionary? 32. in your opinion, if a signature is "the act of putting one's name at the end of an instrument to attest to its validity" (Black's Law Dictionary, 6th Edition), then could that signature be valid if the instrument itself is an unconscionable bargain or contract? 33. Do you have personal knowledge that the bank provided full disclosure of all of the terns of the agreement" 34. D you have personal knowledge that the bank disclosed to the Borrower the Federal Reserve policies and Procedures and the Generally Accepted Accounting Principles (GAAP) requirements imposed upon all Federally-insured (FDIC) banks in Title 12 of the United States Code, section 1931 n(a), that probibit them from lending their own money from their own assets, or $om outer depositors? Was it disclosed where the money was coming from'? 35. Do you have personal knowledge that the bank disclosed that the contract the Borrower signed (the promissory note) was going to be converted into a `negotiable instrument' by the bank and become an asset on the bank's accounting books? Did the bank disclose this information to the Borrower and that the signature on that note made it'money', according to the Uniform Commercial Code (UCC), sections 1-201(24) and 3-1049 36. Do you have personal knowledge that the bank disclosed that the Borrower's contract or ;aPY promissory note (money) would be taken, recorded as an asset of the bank, without `valuable consideration' given to obtain the note? 37. Do you have personal knowledge that the bank gave the Borrower a deposit slip as a receipt for the money the Borrower gave than, just as a bank vwuld normally provide when soaking a deposit to a bank? 38. Since, pursuant to UCC 3-308, the burden of proof is on the party claiming under the signature, do you have personal knowledge of the validity of the signature if it is denied in the pleadings based on answers to above questions? 39. 1 Since, pursuant. to UCC 3-602(bx2), the obligation of a party to pay an instrument is NOT discharged if the person making the payment knows that the instrument is stolen, do you have personal knowledge that the instrument is or is NOT stolen? You should be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next conummication with me. Your failure to respond on-point within thirty (30) days to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and legal fees. 1. Michael Lynn Paoletta, am the Secured Party Creditor and any communications sent to debtor MLCHAEL L PAOLF,TfA without the express written consent of Secured Party Creditor, Michael Lynn Paoletta will bring criminal charges against all those involved unless c rnmunications involve answering an affidavit. NOTICE TO •ITIE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO ITIE AGENT IS NOTICE TO THE PRINCIPAL, Sincerely, CKPY • Complate Items 1, 2, and 3. Also comME? plete Item 4 If Restrk:htd Delivery Is desired. a Print your name and address on the reverse so that we can return the card to you, Attdch Cant to the back of the mallpleCe, R space pormka. ®Aaetww to: /fovf flea /'340'1 /C I?AvC ?'wyojZ z a 3/S PS F IOM5.ee.A4 m 1111111111111 Cal 11111111 Rem • 0that s we csl Print 4 H Fieatr Near" 8. Date of 004" • yc?y nan so that Attach this ca orontM*ott 70 $30 0001 0192 96 ?Awt i. "Ote Ac**%Md to f-._......... _ ..... rRxn Item 17 ? If l a YES, enter delivery address below, 0 N. 1 ?/??• rr f 56 p 2. Arttels t'tumbsr tccpy from aervke m' .o tr tv tr .a O FA 0 M O m Ln .v 0 0 0 r A. PAnt Clsa 1 & bw.?o-f'pe X CJ Agent D. le 0 Ad** If vES, o-om tern to ? vas address oelow, ? No 3. Ssrvlq Type O ? s Cl EVrMS f tae d moll w 0 Return Receiat for Merdtanala ka"t D C.D,D, 4. Rahkted thlivaty7 IExrre fa -' ?.- Cl Ya 0 Ex"u Mae 0 Rtaum RacW far Mer&andhe U.$. I'otildl tip , , CERTIFIED MAIL RECEIPT G..nl,•?o? UfwI'',, ,,., „ ...? r Poste" Csrtifled Far Frs f - (BndansrnantRSquRrtum RsRIOPtQ IL R todtlrXVwy Fn (EnOOrc« mntRWV? TOW Post"* a Fr $ stare, *;21*2 Of '.34 WillT c? P.e ))o ? &. -r;^ EX N IT" G O 757 PS Form 3811, July 19Bp Dantaetlo Return Ret»Ipt tosses oc•u,a?z HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA O NO. O1-1732 Civil Term MICHAEL PAOLETTA, DEMAND FOR PRETRIAL DISCOVERY Defendant ------------------------------------------------------------------- Please find attached Demand for pretrial Discovery for Pretrial pursuant to Pennsylvania Rules of Civil Procedure 4003.1. Answers to Demand for Pretrial discovery and delivery of document[s] are required within Thirty [30] days upon receipt of this Demand at the location off Michael Lynn Paoletta, 1771 South Meadow Drive, Mechanicsburg, Pa. 17055 Signed Wi Prejudice by Michael Lynn Paoletta D Date: April-2-9, 2002 Pretrial Discovery Pretrial Discovery is hereby made to the CATHY ANN CHROMULAK, attorney for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY to supply answers to the following questions and to furnish true and accurate copies of document[s] to the Defendant MICHAEL PAOLETTA. This information is required to assist in making a meaningful defense, since I do not understand the nature of the cuase of action of the complaint brought forth by the plantiff. OBJECTIONS Objections to all or any portion of an interrogatory shall be set forth with specific sufficieny to allow the Defendant propounding these interrogatories to understand the exact scope of and reason for the objection. Where an objection relates to only a portion of the information requested in an interrogatory, other information not within the scope of said objection shall be provided. Words and prhases used in these interrogatories that are not specifically described below shall have the meaning that is common and not necessarily that of legal terms; i.e., Person shall be construed to include a man or woman. and other word or terms used in these interrogatories that are not specicifically definned below shall have its ordinary and custoamry meaning and usage. INTERROGATORIES 1. Identify each and every person involved in any way in answering these interrogatories. 2. Identify the person in charge of the HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY AND ITS SUBSIDIARIES [HEREINAFTER KNOWN AS COMPANY]? 3. Identify the person from COMPANY who retained attorney? [CHROMULAK] 4. Provide the day/month/year that alleged borrower agreed and was approved for credit? 5. Did COMPANY provide full disclosure of the alleged credit? 6. Does COMPANY or any of its Subsidiary guarantee that there were no alterrations to any agreements? 7. Does COMPANY guarantee that there was no conversion of the alleged agreement after the alleged borrower signed t h e alleged agreement? Page 1 of 3 8. Did COMPANY require the alleged borrower to repay the one that provided the capital that funded the credit? 9. Did COMPANY gaurantee that the alleged borrower would not be providing any capital, funds, money or money equivalent, that COMPANY OR ANY OTHER FINANCIAL INSTITUTION WOULD USE TO FUND THE CHECK OR CIMILAR INSTRUMENT? 10. Did COMPANY reqire the alleged borrower to repay the alleged loan using the same species of money or credit that COMANY OR ANY OF ITS SUBSIDIARIES used to fund the alleged loan, credit line, check or similar instrument? 11. Did COMPANY advertise that COMPANY would extend credit to alleged borrower using COMPANY to fund the credit line or loan? 12. Was COMPANY required to use a check or similar instrument to purchase the alleged borrower's Promissory Note[s] and/or contract[s]? 13. Does COMPANY agree that the term "interest" is construed to mean the amount paid to attract deposit funds or a finance change for money or credit loaned to a borrower? 14. If the answer to "13" is in the negative, please explain how COMPANY construes the meaning of the term "interest"". 15. Does COMPANY charge interest on the credit line or loan agreements and if so, does the interest represent a fee for lending and/or extending the loan or credit line. 16. In order for COMPANY to loan or extend to a borrower, does someone have to deposit an asset prior to the loan or credit? 17. List every species of money that COMPANY records as an asset. 18. According to COMPANY what is credit? 19. Was it the intent of the alleged agreement for the alleged borrower to provide money or money equivalent that COMPANY would use to fund the credit line or loan? 20. Was it the intent of the alleged agreement for COMPANY to provide ITSELF [COMPANY] money, money equivalent, capital funds or thing of value to purchase the promissory note[S]AND OR SECURITY AGREEMANT[] or loan/credit line papers from alleged borrower? 21. Does MOHAWK FACTORING, INC. allow the alleged borrower to make payments on the alleged account to any party that did not provide the capital that funded the alleged credit line or loan? PAGE 2 OF 3 22. Does COMAPNY AND ITS SUBSIDIARIES follow Generally Accepted Accounting Principles as required by law? 23. Please identify each and every person whom you expect to call as a witness at trial in this matter, and for each person so identified, please state whether that witness will testify as a witness to the complaint or as an expert, or both. 24. For any experts you intend to call at trial, please state: a. The name and address of each such experts witness; b. The subject matter as to which each such expert witness is expected to testify; The qualifications of each such expert witness. 25. Set forth a summary of the grounds fro each opinion to which each expert is expected to testify, including any textual material on which the expert witness will rely. Identify all such texts, materials or publications, including the name, author, edition and page reference. REQUEST FOR REPRODUCTION OF DOCUMENTS AND INFORMATION TO PREPARE FOR SUBPOENAS Please furnish the following document: 1. A certified copy front and back of each and every page of the alleged agreement including, but not limited to the page allegedly signed by alleged borrower. 2. The name and address of COMPANY'S CPA auditor. 3. Copies of COMPANY'S CPA audit reports from the last 3 years. 4. What is the organizational flow chart for COMPANY and more specifically what bank has controlling stock of HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY? Do they follow GAAP principles? WITH EXPLICIT RESERVATION OF ALL RIGHTS WITHOUT PREJUDICE. 13 Pa. C.S. 1207, C.S.3501 [3], C.S. 3415 [b] Michael Lynn Paoletta PAGE 3 of 3 W& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, PLANTIFF. vs. MICAHEL L. PAOLETTA, Defendant. CIVIL DIVISION no. 02-1732 Civil term NON NEGOTIBLE CONSTRUCTIVE NOTICE AND DEFAULT AND DEMAND TO ANSWER PRETRAIL ACTIVITIES PRIOR T VALIDA TED DEBT DATE: July 1,/2902 Signed without prejudice by Michael 1. Paoletta T? Ce p- s -P P V\ P ?s,sT NON-NEGOTIBLE CONSTRUCTIVE NOTICE Date: July 1,2002 Certified Mail # 7000-1530-0001-0192-9547 To: Mollica & Murray Household Finance Consumer Mchelle D. Smith, ESQ. 450 Trimont Plaza 1305 Grandview Drive Pittsburgh, Pa. 15211 From Michael L. Paoletta 1771 South Meadow Drive Mechanicsburg, Pa. 17055 RE: Loan Dispute Dear officers and/or agents for Consumer Finance Consumer Discount Company It has come to the attention of the Borrowers, after consulting with a CPA and researching the United States Code, the corresponding Code of Federal Regulations, the Uniform Commercial Code, and certain Federal Reserve Bank Publications, that there is reason to believe that the Lander is not the Holder in Due Course of the Borrower's Promissory notes and/or may have breached the agreement concerning the above- referenced loans. Since the Borrowers paid money in the form of Promissory Notes to the Lender to perform according to a loan agreement, the Borrowers have requested Demand to Cease and Desist collection Activities Prior to Validation of Purported Debt on November 30, 2001 Certified Mail # 70001530 0001 0192 9653 and 7000 1530 0001 0192 9646 of which the Lender Defaulted on December 30, 2001, Certified Mail # 7000 1530 0001 0192 9554, that the Lender has performed according to the loan agreement and that the original lender used their own money to purchase the Borrower's promissory notes and did not accept the Borrower's promissory notes as money or like money to fund the check or similar imstrument that the Lender then lent to the Borrower's - which would have an economic effect similar to stealing counterfeiting and swindling - and that the Lender has followed the Federal Laws 12 USCA Sec. 1831n (a)(2)(A) and/or 12 CFR 741.6(b) regarding Generally Accepted Accounting Principles and Generally Accepted Auditing Standards concerning these Loans. The Borrower's are hereby requesting that an authorized officer or agent of the Lender sign and return the attached affidavit within ten (10) days of your receipt of this notice. Also attached is an affidavit signed by the Borrowers stating from the Borrower's personal knowledge the terms of the agreement. This is the Borrowers good faith attempt Certified Mail No.7000-1530-0001-0192-9554 Date: July 1, 2002 To Respondents, jointly and severally: Mollica & Murray. 1305 Grandview Ave. 450 Trimont Plaza Pittsburgh, Pa. 15211-1205 Patricia Garcia Paul Guyer Household Recovery Services 841 Seahawk circle Virginia Beach, Va. 23452 From Michael L. Paoletta 1771 South Meadow Drive Mechanicsburg, Pa. 17055 NOTICE OF DEFAULT This is a NOTICE OF DEFAULT upon the instrument titled DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALICATION OF PURPORTED DEBT presented to you on or about NOVEMBERM 30 2001, certified mail no. 7099 3400 0017 8607 0140. By the terms and conditions of the above stated documents, you were under obligation to timely and in good faith answer, object, rebut, refute, and or otherwise respond. Your failure to do so places you at DEFAULT. By your DEFAULT, you are deemed to be in bad faith, violation of Bond, ministerial duty to do that which is right, that you have lost or waived, yielded up any claim to bring any litigations. Of this presentment take due NOTICE and heed, and govern yourself accordingly. Sincerely, ?1 imp item 4 N Restricted Delivery is deeired. • Print your name and address on the remorse so that"can return the card to you. ¦ Attach thta card to the back of the mallplece or an th t H ...... _..? ufr ?}o t ?,. ti ?C 19 igvC ?wya2 (If J i*AIgAwk ?I?d r t/j 26f n i A ._... .......a ,morn/ '1AA A , I L- S OWNS* Rehm) Rsosipt r Complete ken item 4 if Restr ¦ Print your nsn 0 Attach this cg so that we ce III IIIIIIIIIIIIIIIIIi or on tttstron• 70p,?.,,y.t?30 DD01 0192 9b? ,. Artiois Addmood/Jb,?,,...._ ?r r If vas, en SZO 3. Swfts 71'I P ILL ° Osrt w wrn..sc FWurn Rsosipt M ru Poetwe s ?. Ir - r-I Candled Fee ?rI flasement elpt Fee r4 Requl" C3 p Reemaed Del Wery Fee M•? , n i (Fndonenwnt Rea,e.q - c? Total poetepe a F«e {_•? I', i i y Ln nt,o .? SL._S -- ?.( ? -?_ ?e ....._. ... _ -- --- Jrner, Apt lvo.; a po eor .. r' --------- Alla. M1 cres se.r., ii n iA Liar 7- -2 ,,c? G?Qy x NON- NEGOTIABLE NOTICE, FROM: Michael Lynn Paoletta 1771 South Meadow Drive Mechanicsburg, Pa. 17055 Certified Mail # )060 RE: 713303-10-116657-3 DATE,: November 30, 2001 To: HOUSEHOLD BANK PAUL GUYER 941 SEAHAWK CIRCLE VIRGINIA BEACH VA. 23452 1s-30 oo0 i - v>qa, ?4J-3 NON-NEGOTIABLE, NON-TRANSFERABLE Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt RE: MICHAEL. L. PAOLETFA/ Card number 713303-10-116657-3 Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1601.1692 et. wq,. this constitutes timely written notice that I dispute the entire amount of the alleged loan and that I decline to pay the attached erroneous purported debt Notice which is unsigned and unattested and which I discharge and cancel in its entirety, without dishonor, on the grounds of breach of contract, false representation, and fraud in the inducement. 15 U.S.C. 1692 (e) states that a "false, deceptive, and misleading representation, in cormection with the collection of any debt," includes the false representation of the character or legal status of any debt and further makes a threat to take any action that casmot legally be taken a practice. deceptive Such Notice omits information, which should have been disclosed, such as vital citations, disclosing the agency's jurisdictional and statutory authority. Said Notice further contains false, deceptive and misleading representations, and allegations intended to intentionally pervert the truth fix the purpose of inducing one, in reliance upon such, to part with property belonging to them and to surrender certain substantive legal and statutory rights. To act upon this Notice would digest one of hisiber property and their prerogative rights, resulting in a legal injury. Pursuant to 15 U.S.C. 1692(g)(4) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this debt, this is a demand that, within thirty (30) days, you provide such validation and supporting evidence to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been met and your claim is validated, you have no jtaisdiction to continue any collection activities. CIO? 9. According to the bank's bookkeeping entries, if the bank paid its debt associated with granting loans, could it pay the debt the borrower owes the bank? 10. According to the bank's policy, did the Borrower provide the bank with an asset, and the bank returned the value of that back to the same Borrower calling it a loan? 11. According to the bank's policy, does the bank act like a moneychanger, receiving an asset from the Borrower and returning the value of the asset back to the same Borrower and charging as if there was a loan? 12. What are all of the bookkeeping entries related to and associated with the bank transactions for these accounts? 13. According to the written agreement, was the Borrower to loan anything to the bank? 14. According to the written agreement, was the Borrower to give the bank anything of value of which the bank liabilities increased by the amount of what the bank received? 15. According to your understanding according to the written agreement, was there to be an exchange of equal value for equal value between the bank and the Borrower? 16. How can the bank's liabilities increase by the amount of the loan if they did not receive a deposit or a loan or an exchange from the Borrower? 17. If the bank is complying with the Federal Reserve Bank's policies and procedures when issuing credit and charging interest, is the Borrower's transaction account credited for the same amount borrowed, and is that the matching liability for the amount that is debited to the bank's asset account? (Federal Reserve Bank of Chicago, Modern Money Mechanics, p.6, and Two Faces of Debt, pp. 17-19). 18. If "A deposit created through lending is a debt that has to be paid on the demand of the depositor, just the same as the debt arising from a customer's deposit of checks or currency in the bank." (Federal Reserve bank of Chicago, Two Faces of Debt, p.19), does that mean that the bank owes the Borrower for the deposits made in connection with loan transactions? 19. When granting loans, if the bank's liabilities did not increase, would the bank be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modem Money Mechanics,p.6, and Two Faces ofDebtpp.17-19.) 20. If the bank does not repay "a deposit created through lending", would it be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modern Money Mechanics,p.6, and Two Faces of Debt,pp.17-19) 21. When a loan is not repaid, is the one who funded the loan damaged? 22. When the bank does not repay upon demand the deposit made by the Borrower, does it show that the policy and intent of the bank is to deny equal protection of the law and credit to the Borrower? 23. When the bank does not reveal the substance of the form of the loan agreement to the Borrower, does it show that the policy and intent of the bank is to deny full disclosure of the terms of the agreement to the Borrower? y A 51 i ? ? j 24. Do the Generally Accepted Accounting Principals (GAAP), the Generally Accepted Accounting Standards(GAAS), the Audit Reports, the Auditor's Working Papers, the Call Reports, and the bank's financial statements (that are related to and associated with the loan transaction) reveal the substance of the loan agreement? 25. If the substance of the loan agreement does not match the written form of the agreement, does it significantly change the cost and the risk of the written agreement? 26. Is full disclosure of material facts essential to a valid contract in order to have mutual agreement? 27. In your opinion, is it material or important to know which party is to fund the loan in order to know who is damaged if the loan is not repaid? 28. In your opinion, do you believe the Borrower intended to provide the consideration to fund the loan? 29. If the bank did not risk any of its assets at the time regarding the written agreement, was this material fact ever disclosed to the Borrower? 30. In your opinion, if "An unconscionable bargain or contract is one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other... [It is] "usually held to be void as against public policy." (Black's Law Dictionary, 6th Edition), would a loan agreement that takes the Borrower's assets as the funding for a loan back to the Borrower, and then requires that the Borrower to pay back that loan with interest to a third party, and then does not require the repayment of the Borrower's funds back to the Borrower, be an agreement that is unconscionable? 31. According to your understanding of the alleged agreement, if the Borrower was to provide the funds for the loans for the bank, would the alleged agreement, in your opinion, be unconscionable as defined in Black's Law Dictionary? 32. In your opinion, if a signature is "the act of putting one's name at the end of an instrument to attest to its validity" (Black's Law Dictionary, 6th Edition), then could that signature be valid if the instrument itself is an unconscionable bargain or contract? 33. Do you have personal knowledge that the bank provided full disclosure of all of the terms of the agreement? 34. D you have personal knowledge that the bank disclosed to the Borrower the Federal Reserve Policies and Procedures and the Generally Accepted Accounting Principles (GAAP) requirements imposed upon all Federally-insured (FDIC) banks in Title 12 of the United States Code, section 1831n(a), that prohibit them from lending their own money from their own assets, or from other depositors? Was it disclosed where the money was coning from? 35. Do you have personal knowledge that the bank disclosed that the contract the Borrower signed (the promissory note) was going to be converted into a `negotiable instrument' by the bank and become an asset on the bank's accounting books? Did the bank disclose this information to the Borrower and that the signature on that note made it `money% according to the Uniform Commercial Code (UCC), sections 1-201(24) and 3-1041 36. Do you have personal knowledge that the bank disclosed that the Borrower's contract or promissory note (money) would be taken, recorded as an asset of the bank, without `valuable consideration' given to obtain the note? 37. Do you have personal knowledge that the bank gave the Borrower a deposit slip as a receipt for the money the Borrower gave them, just as a bank would normally provide when making a deposit to a bank? 38. Since, pursuant to UCC 3-308, the burden of proof is on the party claiming under the signature, do you have personal knowledge of the validity of the signature if it is denied in the pleadings based on answers to above questions? 39. I Since, pursuant to UCC 3-602(bx2), the obligation of a party to pay an instrument is NOT discharged if the person making the payment knows that the instrument is stolen, do you have personal knowledge that the instrument is or is NOT stolen? You should be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to respond on-point within thirty (30) days to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and legal fees. I, Michael Lynn Paoletta, am the Secured Party Creditor and any communications sent to debtor MICHAEL L PAOLETTA without the express written consent of Secured Party Creditor, Michael Lynn Paoletta will bring criminal charges against all those involved unless communications involve answering an affidavit. NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Sincerely, G?P? 1 IN THE COURT OF COMMON PLEAS L DISTRICT, PA 2 BRANCH 3 9 Plaintiff Civil Action - Law 5 ?i VS. No 6 In Replevin 7 r 8 Defendants . . . . . . . . . . . . . . . . 9 w 10 11 Statement 12 Under Oath of: CPA 13 Taken by Defendants 19 Date April 5, 2002; 3:29 p.m. 15 Place Camp Hill, Pennsylvania 16 Reporter 17 Reporter - Notary Public 18 19 20 APPEARANCES: 21 22 For - Defendants 23 111 ?--` 24 l 25 • PY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 t 22 k? 23 f 24 25 I N D E X WITNESS CPA EXHIBITS 2 Examination 3 Exhibit Numbers Page 1 Complaint 9 2 Exhibits Attached to Complaint 9 3 Modern Money Mechanics 9 Publication 3 1 , CPA, called as a witness, 2 having been duly sworn, testified as follows: 3 EXAMINATION 4 BY MR.ft4N@jjP? 5 Q. Will you state your name for the record, please. 6 A. 7 Q. And your address? 8 A. Hatfield, Pennsylvania, 9 19440. 10 Q. What is your occupation? 11 A. Certified public accountant. 12 Q. And how long have you practiced that? 13 A. I've been a CPA since 1994. I've been in the 14 accounting industry since '92. 15 Q. And are you a member of any associations or 16 boards? 17 A. I am a member of the Pennsylvania Institute of 18 Certified Public Accountants and the American 19 Institute of Certified Public Accountants since 20 1994. 21 Q. And what is your present position? 22 A. I work for.myself as a certified public 23 accountant. 24 Q. And what experience have you had in this field 25 that would qualify you as an expert witness as a t r 4 1 CPA? 2 A. I spent six years in public accounting with two 3 firms auditing manufacturers, service companies, 4 nonprofits. I have spent four years in -- or, 5 excuse me, I've spent three years in working for 6 private companies from accounts payable all the 7 way up through controller of a 30-million-dollar 8 company having to review financial statements, 9 having to review loan agreements. And I've 10 spent the last two years working for myself 11 helping clients with estate planning, tax 12 planning, and financial consulting. 13 Q. In the course of that experience, have you 14 become familiar with loan transactions? 15 A. I have done continuing education courses in 16 banking and in the recordation of loans. I have 17 the audit guidelines for the financial and 18 banking industries. 19 Q. And you're familiar with those audit (ItO delines? 20 A. Yes. 21 Q. And if questions arose in the course of an audit 22 that might bring into play that document, you 23 would know where to look to answer those 24 questions? 25 A. I have the resources that would show tnc? what the 5 1 appropriate accounting would be under GAAP and 2 what the auditing standards would be for such a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transaction. Q. And if you were retained as part of a customer's effort to audit his account with a bank, do you have the experience and expertise to do that? A. Yes. Q. As part of this experience then, have you become familiar with what is called generally jccepted accounting principles? A. Yes. Q. And when you do an audit, can you readily ascertain whether those procedures have been followed? A. Yes. Q. And are there other standards that, as a CPA, you would look to in doing an audit? A. Generally accepted auditing standards, acronym GAAS. Q. And what's the distinction between the )cronym GAAS and the acronym GAAP? A. GAAP tells you how you're going to record something, GAAS tells you how you're going to audit something. Q. In connection with this case, the 6 1 case, have you had an opportunity to look at the 2 line of credit, promissory note, and the 3 security agreements that were executed as part 4, of this transaction between the 10 and 5 the 441M National Bank 6 A. Yes. 7 Q. Is this what you would call a typical loan 8 agreement? 9 A. Yes. 10 Q. And in that connection, a typical loan agreement 11 consists of two separate documents, a promissory 12 note and a payment schedule. Is that correct? 13 A. A typical secured loan arrangement would include 14 two instruments, yes. 15 Q. And are there two instruments in this 16 connection? 17 18 19 20 21 22 23 24 nt ', 2 5 A. Yes. Q. Do both of these documents have a face amount or a sum certain described on them? A. Yes. Q. There are two documents in this case. Actually, there are a series of -- a total of four with two separate face amounts, one for $5,000, one for $4100? A. Yes. 1 2 3 4 5 6 7 8 10 11 13 15 18 19 20 Q. Do the two documents, that is -- And we'll keel our discussion to two documents, understanding that there are actually two notes and two security agreements here. But there are two documents, both of which show the identical fac amounts pertaining to the loan agreement, one being a promissory note and the other a schedu] for repayment. Is that correct? A. _ Yes. Q. All right. Let's talk first about the promissory note. Would you describe how the promissory note is recorded on the bank books.> A. The bank must record an increase in its asset for the receipt of the property, that being the promissory note, and it also must record a liability for the receipt of that same propert) Q. And at this point if you were to go into WARN* National Bank and look at their books, that's what you would expect to find in connection with the accounting for this transaction? A. Given that'the bank is a member of either the FDIC or a member of the Federal Reserve System, they're required to follow GAAP, and that is tr entry that is required by GAAP, and that is whz 8 1 I would expect to find. 2 Q. And GAAP is the pseudonym we'll use for 3 generally accepted accounting principles? 4 A. Yes, G-A-A-P. 5 Q. Now, at the inception of this transaction, when 6 the Gochenaurs signed a promissory note, does 7 that promissory note have a value? 8 A. Yes, it has the face value. 9 Q. All right. Would the deposit of the note into 10 the ' account when the bank wrote the 11 check to give these individuals the face amount 12 of the agreement of the note, does that deposit 13 that the bank made come from the account with 14 the same individuals' names on it with the 15 promissory note in it? 16 A. Yes. They must deposit the promissory note into 17 a DDA, which stands for demand deposit account, 18 in the name of, in this case, the Gochenaurs. 19 Q. If the banker said that funds, matching funds, 20 came from some other source, could that be 21 correct in your view? 22 A. In my opinion, that would not -- the bank would 23 not be adhering to generally accept=ed accounting 24 principles, nor would they be adhering to 25 Federal Reserve policy and procedures, as 9 1 outlined in Modern Money Mechanics, a 2 publication I'm extremely familiar with. 3 MR. 1? I'd like to have marked Exhibit 4 1, which is the complaint in this case and the 5 promissory note, so I'll ask the reporter to 6 mark that. We can mark this 2 and then Modern 7 Money Mechanics Exhibit 3. 8 (Exhibit Numbers 1, 2, and 3 marked for 9 identification.) 10 BY MR. JJEW 11 Q. Now, Mr. 4111? I've had marked as Exhibit 3 12 the publication to which you referred, Modern 13 Money Mechanics. Specifically in that 14 publication, are you referring to any particular 15 or specific passage? 16 A. There are several passages throughout. I think 17 the most revealing is beginning on Page 6, bank 18 deposits, how they expand or contract, 19 specifically the expansion Stage 1, Item 3, 20 which gives us the actual accounting entry that 21 is required when someone comes in with a 22 promissory note and how the bank will. record 23 that. 24 There is a particular passage that begins 25 on Page 6, second column, second paragraph, 10 1 quote, What they do when they make loans is to 2 accept promissory notes in exchange for credits 3 to the borrower's transaction account, end 4 quote. 5 Q. Now, does that basically then state that, the 6 promissory note is an even trade for any credit 7 that would thereupon be deposited to the 8 transaction account of the Gochenaurs? 9 A. Can you repeat that? 10 MR. 1? Can you read it back. 11 (Previous question read back by the court 12 reporter.) 13 THE WITNESS: Yes. 14 BY MR. 91? 15 Q. So when the note is signed, the accounting entry 16 made by the bank on"that day credits the 17 Gochenaurs' account with the face amount of 18 whatever that note is? 19 A. Yes, it would increase their available balance 20 by the face amount of the note. 21 Q. And as far as the bank records are concerned, 22 what kind of an accounting entry does the bank 23 make to show the asset value of the note and the 24 obligation of the bank on that note? 25 A. Are you looking for a specific entry? 1 Q- Yes. 2 A. It would have to be a debit to some asset, most 3 likely a receivable account or some derivative 4 thereof, and a credit to a liability account, 5 most likely some demand deposit account. 6 Q. All right. 7 A. I can't speak to how the bank actually -- what 8 accounts it actually hits other than to say it 9 has to be an asset, and it has to be a 10 liability. I don't know their -- I'm not the 11 auditor of the bank, so I can't, without 12 question, say that this is the account they hit 13 here, and this is the account they hit there. 14 But generally speaking, under the authority of 15 GAAP, they have to record it as an increase in 16 an asset and an increase in a liability. And 17 that liability will be a DDA account. It will 18 be a demand deposit account, and it has to be in 19 the name of the 20 Q• Okay. Now, when the actually write 21 checks against that account, does that change 22 the value of the note on the books of the bank? 23 A. No, it doesn't change the value of the note. It 24 will change the available balance of their. 25 deposit, just as if it was a standard checking 1 account. The value of the note hasn't changed. 2 Q. Insofar as your understanding of the accounting 3 of the transaction, has anybody in behalf of th 4 J bank actually advanced any value other than tha a 5 as funded by the note itself? z 6 Y A. No. Let me clarify or perhaps clarify by 1 7 another passage on Page 6, again, of Modern 8 Money Mechanics, where it starts -- again, the 9 second paragraph starts, quote, Of course, they 10 do not really pay out loans from the money they 11 receive as deposits. If they did this, no 12 additional money would be created, end quote. 13 Q. So that the process of the note is actually 14 creating money? 15 A. The promissory note itself is money. The bank 16 is the only licensed institution in this county} 17 that is allowed to monetize that note into what 18 we consider currency, that being Federal Reserve 19 notes. They have the exclusive right to do 20 that. 21 22 23 24 25 Q. So putting it more simply, perhaps, the promissory note is the basis for the check that's issued by the bank to the Gochenaurs? A. Yes. Q. Are you then saying that the promissory note anc 1 13 the check are accounted for in the books of the 2 bank -- as these are accounted for on the books 3 of the bank offset each other? 4 A. Yes. 5 Q. So this exchange would be one of equal value? 6 A. Yes. 7 Q. And then let me ask you about the payment 8 schedule. These documents in Gxhib:i. L I. make 9 reference to a payment schedule which includes 10 interest so that the individual is paying more 11 than the face amount of the document over a 12 period of time. Is that correct? 13 A. Yes, they do. 14 Q. And how is that accounted for on the books of 15 the bank? 16 A. When the money is paid to the bank you would 17 have a decrease in a receivable, an increase in 18 the cash, and an increase in income. It does 19 not affect the original liability from the 20 deposit of the promissory note. 21 Q. The original liability of whom? 22 A. Of the bank because they accepted a promissory 23 note as a depository item. 24 Q. Is the document that we are referring to as the 25 payment schedule used to obtain the secured 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q- A. Q. A 14 interest in the item purchased with the check from the bank? Can you repeat that? Is the document we are referring to as the payment schedule used to obtain a secured interest in the item purchased with the check from the bank? Yes.- So the payment schedule is a lien instrument, as well. Is that right? Yes. And what is the value of the lien instrument? The face value of that payment schedule or the security instrument. In this case, we have one security instrument for $5,000, the other security agreement, face value, $4100. So that the value of the lien instrumenL is the face value plus the interest accumulated over the life of the instrument? Repeat that again. The face value, the value of the lien instrument -- Yes, yes, the value of the lien instrument is the face value plus the lifetime payment of interest of that note. 1 Q. Then who receives the value of the lien 2 instrument? 3 A. The bank. 4 Q. So if I understand this correctly, the 5 promissory note was used to fund the check 6 written to the individual for purchasing an 7 automobile or, in this case, I think a line of 8 credit on his business, not a pu.rch.i:;e money 9 security interest, but simply a security for a 10 line of credit? 11 A. Yes. 12 Q. So as you described it, the check and the 13 promissory note are an equal exchange? 14 A. Yes. 15 Q. And are you telling me then that th b e ank 16 secured a lien instrument on property without 17 exchanging value for the property lien? 18 A. Yes, according to the accounting entries and 19 under the Pennsylvania Commercial Cod e yes. 20 Q. Well how would you expect the bank's books to 21 account for the receipt by the bank of the 22 security agreement? 23 A. I don't believe the bank recorded the security 24 agreement. My opinion is they did not record 25 the security agreement on their books. 15 1 2 3 4 16 Q. On what basis do you offer that opinion? A. The security instrument is proffered as a lien instrument, not as a negotiabl' 5 6 7 8 9 Q, 10 11 12 13 14 15 A 16 Q, 17 18 19 20 21 22 23 24 25 A. Q• A. e instrument. And under UCC in Pennsylvania, only the promissory note has depository value. The payment- stream that is derived from the security instrument, the lien instrument, is additional monies the bark receives with giving no value Foi it. Mr. Wagner, as a CPA, if you were to be given the opportunity by the Court to examine the bank's accounting records, would you be able to ascertain whether or not the bank accounting records actually reflect a separate document such as the security agreement? Yes. And at this point, can you say from your knowledge, your training, your background, whether or not the bank, in fact, is accounting for a security agreement like this in Exhibit 1? I cannot say from my experience that the bank would be recording, in their general ledger, this security instrument. So are you telling us that the bank had nothing at risk in.this transaction? That's correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 4• And are you also saying that the bank is charging the face amount of the lien instrument plus interest and never had an investment or risk in the transaction? A. Generally accepted accounting pr.iiwiples bear that out by their entries, their required entries. Yes, that's what I'm saying. 4• -And if you were given an opportunity to look at the bank's records, you could ascertain whether or not they're following generally accepted accounting procedures? A. Yes. S2• In your opinion, does the promissory note meet the definition in the Uniform Commercial Code of Pennsylvania law for a promissory note? A. I believe that the agreements that are contained in Exhibit 1 that are the loan arrangements do qualify -- or are promissory notes as defined-in Title 13 of Pa. law. Q• So in your opinion, when the promissory note was deposited, it had a value equal to the face amount of the note, which is consistent with the UCC definition of a promissory note? A. Yes. 4• And in your opinion on the basis of generally 18 1 accepted accounting procedures and generally 2 accepted accounting standards, are you telling 3 us that specific performance that's required of 4 both parties in this agreement was breached? 5 A. Yes. The bank has failed to acknowledge the 6 exchange of value of the promissory note for the 7 check and subsequently initiated a lien 8 i-nstrument with a payment schedule with having 9 received no value. 10 Q. So the bank breached by its failure to 11 acknowledge the equal exchange of value between 12 the promissory note and the check, as well as in 13 its acquisition of the property value on the 14 automobile without exchanging value for that 15 interest? 16 A. Yes. 17 Q. And subsequent to the institution of this 18 particular lawsuit, the bank also seized the two 19 vehicles and has received those, so that would 20 be an additional value that would also be 21 without putting anything at risk? 22 A. Correct. 23 Q. In the UCC definition in Pennsylvania under 24 9102, it says that it's an instrument that does 25 not evidence an order to pay. 19 1 A. We're talking about the definition of -- 2 Q. Of a promissory note. 3 A. Promissory note. 4 Q. And it states at 9102, in the definition of a 5 promissory note, that it does not evidence an 6 order to pay. However, when they deposit that 7 promissory note in the account of the Gochenaurs 8 or if they write a check and hand thern the 9 proceeds of that check, that would be an order 10 to pay, wouldn't it? 11 A. No. 12 Q. In other words, if the bank wrote a check that 13 said -- 19 A. The check that the bank wrote would be an order 15 to pay, but the promissory note that the 16 Gochenaurs deposited was not an order to pay. 17 They simply withdrew their funds. 18 Q. Mr. Wagner, is it true then that the promissory 19 note reflected by Exhibit 1 is money? 20 A. According to Title 13 of Pennsylvania law, under 21 the definition of a promissory note, a 22 promissory note is a sum of money for deposit, 23 so yes. 24. Q. And is it also true, under the same definition, 25 that the bank does not have to acknowledge -- or 1 that the note 20. does not acknowledge that the bank 2 has received for deposit a sum of money o r 3 funds? 4 A. According to that definition under ''ritle 13, the 5 promissory no te is not allowed to contain that 6 language. It doesn't mean that it's not, it 7 just is not allowed to be in the language of the 8 agreement. 9 Q. Of the note? 10 A. Of the note. 11 MR. I have no further questions. 12 (Whereupon, the statement under oath conclud 13 at 4:04 p.m.) 14 15 16 17 18 19 20 21 22 23 24 25 1 COMMONWEALTH OF PENNSYLVANIA 2 COUNTY OF 3 4 I otary -_ WISM&MI, Reporter Publicfin?fo- for the ommonwealthd of Pennsylvania and County of certify that d e 5 the foregoing statement under oath was taken before me at the time and place hereinbefore set forth 6 and that-it is the testimony of 7 CPA © I further certify that said wi I i w:;;; was by me-duly swor 9 n to testify the whole and complete truth in said cause; that the testimony then given was reported by me t 10 s enographically and subsequently transcribed 11 under my direction and supervision; and that the foregoing is f a ull, true, and correct transcript of my original shorthand 12 notes. 21 13 I further certify that I am not counsel for or related to any of the parties to I.he 14 foregoing cause, or employed by them or their attorneys, and am not interested in Lhe subject 15 matter or outcome thereof. 16 Dated ylvani:1, this 18 17 day ofg-_Pe 2n0n0s2. 19 20 RNo ary Publi6pft NO1AMAL SEAL 21 2 2 Mp Cooxdasirx,' Exams May 3.20 04 (The foregoing certification of this 23 transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying 24 reporter.) 25 a? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, PLANTIFF, Vs. MICHAEL L. PAOLETTA, DEFENDANT. CERTIFICATE OF SERVICE I, MICHAEL 1. PAOLETTTA, REPRESENTAING MYSELF FOR THE PRESENT TIME HEREBY CERTIFY THAT A NON-NEGOTIBLE CONSTRUCTIVE NOTICE, A DEFAULT NOTICE AND A DEMAND TO ANSWER THE DEMAND TO ANSWER PRETRIAL DISCOVERY AND THE DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT WAS SERVED UPON THE FOLLOWING BY FACSIMILE NUMBER 412-381-7111 AND FIRST CLASS MAIL, POSTAGE PREPAID ON THIS 1 ST DAY OF JULY, 2002: MICHELLE D. SMITH _0001 450 TRIMONT PLAZA ? o ? p - 1305 GRANDVIEW AVENUE PITT GH, PENNSYLVANIA, 15211 MICHAEL L. PAOLETTA 019)--9 S47 {Yu-' C3 t+. C_ 1 1 - Ji?l HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY V. MICHAEL L. PAOLETTA IN RE: ARBITRATION PANEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1732 CIVIL TERM ORDER OF COURT AND NOW, November 12, 2002, the Court having been informed that Mark Schwartz, Esquire, is unavailable for the above-captioned arbitration hearing, John Abom, Esquire, is appointed in his stead. By the Court, - AM44/N Ge g H ff , P.J. John Slike, Esquire - Chairman Court Administrator cf.?g )1-13-OZ ?•,ti ; ? , n David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, 1160070 Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW Docket Number 02- 1732 Civil Term MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 Defendant APPEARANCE OF DEFENDANT'S COUNSEL COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 ALPHA LEGAL SERVICES P.C. DAVID S. BRADY, ATTORNEY PA. ID NO. 35928 APPEARANCE OF COUNSEL FOR DEFENDANT Please enter the Appearance of the undersigned Attorney for the Defendant in this matter and mail all Notices, Orders and Pleadings to the undersigned at the indicated address. Dated: 2 0 David S. Brady, PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 FAX: (717) 303-2082 CERTIFICATE OF SERVICE Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address indicated a copy of his Appearance in the above captioned matter by facsimilie to 412- 381-7111 and by mail by depositing same in a receptacle for the pick-up by the U.S. Postal Service, first class postage prepaid. Michelle D. Smith, Esquire Mollica & Murray 450 Trimont Plaza randview Avenue Pittsfiumlx. PA'0?11 David S. Brady -TI r'Tj =r_ fi CO _jFn f DEFENDANT MICHAEL PAOLETTA'S MOTION FOR LEAVE OF COURT TO WITHDRAW PRO SE ANSWER AND FILE THIS PRELIMINARY OBJECTION AS AN AMENDED PLEADING: PAGE 1 of 4 David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 HOUSEHOULD FINANCE : IN THE COURT OF COMMON PLEAS CONSUMER DISCOUNT : CUMBERLAND COUNTY COMPANY PENNSYLVANIA 2700 Sanders Road : CIVIL ACTION - LAW Prospect Heights, 1160070 Plaintiff Docket Number 02- 1732 Civil Term vs. MICHAEL L PAOLETTA 1771 South Meadow Drive MOTION FOR LEAVE TO Mechanicsburg, PA 17055 WITHDRAW DEFENDANT'S PRO LliE ANSWER AND FILING OF PRELIMINARY OBJECTION CONTAINED HEREIN AS AN AMENDED ]PLEADING Defendant COUNSEL OF RECORD: CATHY A. CHROMULAK, ESQ. PA II) NO. 42067 MICHELLE D. SMITH, ESQ. PA II) NO. 74800 MOLLICA & MURRAY Firm #952 ALPHA LEGAL SERVICES DEFENDANT MICHAEL PAOLETTA'S MOTION FOR LEAVE OF COURT TO WITHDRAW PRO SE ANSWER AND FILE THIS PRELIMINARY OBJECTION AS AN AMENDED PLEADING: PAGE 2 of 4 : DAVID S. BRADY, ATTORNEY PA. ID NO. 35928 MOTION FOR LEAVE TO WITHDRAW DEFENDANT'S PRO SE ANSWER AND FILING OF PRELIMINARY OBJECTION CONTAINED HEREIN AS AN AMENDED PLEADING UNDER PA. R.CIV.P. 1033 NOW COMES Defendant Michael L. Paoletta by and through his Attorney David S. Brady moving to amend' Defendant's pro se Answer, and to correct the names of a party, under the Leave of court, such that this Motion serve as Defendant's Preliminary Objection presented in response to the Plaintiff's Complaint: 1. The Plaintiff is not Household Finance Consumer Discount Company, it is Mollica & Murray2, who is a debt collector.3 2. The Defendant moves for leave of the Court to amend the answer of the Pro Se litigant, on the ground that this Mollica & Murray, is a debt collector, `who "regularly" engages in consumer-debt-collection activity, even when that activity 1 Pennsylvania Rules of Court, State, Rules of Civil Procedure, Rule 1033 Z Exhibit 1: Plaintiff Answered the Demand for Discovery on May 29, 2002 by filing a document objecting to seventeen questions, on each page of which Plaintiff stamped the legend in caps, "THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE". 3 Title 15 USCA section 1692(a)(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. DEFENDANT MICHAEL PAOLETTA'S MOTION FOR LEAVE OF COURT TO WITHDRAW PRO SE ANSWER AND FILE THIS PRELIMINARY OBJECTION AS AN AMENDED PLEADING: PAGE 3 of 4 consists of litigation '4 in complete contravention to the laws of this Commonwealths, and of this United States.6 3. The Plaintiff, Mollica & Murray is a Debt collector who is perpetrating a fraud upon this Court, and the rights of this Defendant and has no legal standing to commence the claim in this Court 8, and further Mollica & Murray has no standing to either consent or with-hold their consent to this motion to amend this Defendant's previously submitted pro se answer. 4. The Plaintiff, Mollica & Murray submitted documents to this Court that state plainly on their face, that it is a debt collector9. 5. The Plaintiff, Molica &Murray are moving a deceptive practice in violation of the laws of this Commonwealth' 0, and this United States. 11 4 HEINTZ v. JENKINS 000 U.S. U10291; JUSTICE BREYER delivered the opinion of the Court. The issue before us is whether the term "debt collector" in the Fair Debt Collection Practices Act, 91 Stat. 874, 15 U.S.C. 1692-16920 (1988 ed. and Supp. V), applies to a lawyer who "regularly," through litigation, tries to collect consumer debts. The Court of Appeals for the Seventh Circuit: held that it does. We agree with the Seventh Circuit and we affirm its judgment s Title 73 P.S. chapter 42, section 2207.03 "Debt Collector" (1) A person not a creditor conducting business within this Commonwealth, acting on behalf of a creditor, engaging or aiding directly or indirectly in collecting a debt owed or alleged to be owed a creditor or assignee of a creditor. 6 Pursuant to Title 15 USCA 1692(1): (b) Authorization of actions: Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. [Bold Emphasis added.] 7 Pursuant to Pa.R.C.P. 1028(a)(5): Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (5) [L]ack of capacity to sue, s Pursuant to Title 15 USCA 1692(i): (b) Authorization of actions, Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. 9 Exhibit 1: Plaintiff Answered the Demand for Discovery on May 29, 2002 by filing a document objecting to seventeen questions, on each page of which Plaintiff stamped the legend in caps, "THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATIO14 OBTAINED WILL BE USED FOR THAT PURPOSE". " Title 73 P.S. chapter 42, 2270.4. Unfair or deceptive acts or practices (a) By debt collectors.--It shall constitute an unfair or deceptive debt collection act or practice under this act if a debt collector violates any of the provisions of the Fair Debt Collection Practices Act (Public Law 95- 109, 15 U.S.C. § 1692 et seq.). 11 Title 16 CFR - CHAPTER I - PART 901, This part establishes procedures and criteria whereby States may apply to the Federal Trade Commission for exemption of a class of debt collection practices within the DEFENDANT MICHAEL PAOLETTA'S MOTION FOR LEAVE OF COURT TO WITHDRAW PRO SE ANSWER AND FILE THIS PRELIMINARY OBJECTION AS AN AMENDED PLEADING: PAGE 4 of 4 Wherefore, based on The Plaintiff, Molica &Murray lack of legal standing to pursue this cause of action under the laws of this Commonwealth, the Defendant respectfully moves this honorable Court: To allow the amendment of the Defendant's pro se Answer by Leave of Court and the adoption of this document as such Preliminary Objection in the interest of Justice. 2. Dismiss the Plaintiffs complaint with prejudice for its failure to state a proper claim upon which relief shall be granted under the laws of this Commonwealth.'Z 3. That the Defendant have and recover reasonable cost of this litigation, and 4. For such further relief that this honorable Court deems just and proper under the laws of this Commonwealth 13, and this United States. 14 Respect lly Submitte David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Dated: *Z- I r 1 C applying State from the provisions of the Fair Debt Collection Practices Act as provided in section 817 of the Act, 15 U.S.C. 1692o 12 Pursuant to Pa R.C.P. 1512 NonSuit: The court may enter a nonsuit against the plaintiff under the same circumstances, subject to review in the same manner and with the same effect as in actions at law. 13 Title 73 P.S. chapter 42, section 2270.5. Enforcement and penalties (a) Unfair trade practices.--If a debt collector or creditor engages in an unfair or deceptive debt collection ?tct or practice under this act, it shall constitute a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law 14 Title 15 USCA Fair Debt Collection Practices Act IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, VS. Plaintiff, MICHAEL L. PAOLETTA, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL DIVISION No. 02-1732 Civil Term TYPE OF PLEADING: Answers to Interrogatories TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO.. 42067 MICHELLE D. SMITH, ESQ. PA ID NO.. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 38:1-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 02-1732 Civil Term Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. ANSWERS TO INTERROGATORIES AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by its Attorneys, Mollica. & Murray, and responds as follows: 1. Michelle D. Smith, Esquire Patricia Garcia Mollica & Murray Household Recovery Services 1305 Grandview Avenue 841 Seahawk Circle 450 Trimont Plaza Virginia Beach, VA 23452 Pittsburgh, PA 15211 2. Objection. The Interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 3. Objection. The Interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 4. The date of the Loan Agreement in question is July 14, 2000. After reasonable inquiry, Plaintiff: is unable to determine the date Defendant was approved for credit.. 5. It is unclear to the Plaintiff urhat is being requested. However, to the best of Plaintiff's understanding of the question, the response is that the Loan Agreement states the terms and THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT I ON MOTION FOR LEAVE BY DEF. conditions of the loan. 6. Objection. The Interrogatory is unclear and cannot be answered as stated. 7. Plaintiff does not understand what the Defendant means by "conversion". However, the terms and conditions of the Loan Agreement were not changed after signing. 8. Objection. The Interrogatory is unclear and cannot be answered as stated. 9. Objection. The Interrogatory is not clear and cannot be answered as stated. 10. Objection. The Interrogatory is not clear and cannot be answered as stated. 11. Objection. The Interrogatory is not clear and cannot be answered as stated. 12. Objection. The Interrogatory is not clear and cannot be answered as stated. 13. Objection. It is not clear in what context the Defendant is using the term interest. If the Defendant is asking how interest is applied to the loan in question, it is explained in the section entitled "Finance Charges" in the Loan Agreement. 14. See answer to No. 13. 15. Objection. As it clearly states in the terms of the Loan Agreement, the Plaintiff does charge interest. The remainder of the Interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 16. Objection. The Interrogatory is not clear and cannot be answered as stated. 17. Objection. The Interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 18. Objection. The Interrogatory is overbroad, and the definition of credit depends on the context in which the word is being used. 19. Objection. The Interrogatory is unclear and cannot be answered as stated. 20. Objection. The Interrogatory is unclear and cannot be answered as stated. 21. Objection. The Interrogatories seek information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 22. Yes. 23. At this point in time, Plaintiff does not know who it will call as a witness. 24. Plaintiff does not anticipate having an expert testify at trial. If Plaintiff does use an expert witness at trial, the relevant information will be provided pursuant to the Pennsylvania Rules of Civil Procedure. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 25. See answer to No. 24. Respectfully submitted, MOLLICA & MURRAY By: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MAY 28 2002 14.46 FR HRSC 19MT GO 4WW4 I%.-.J rit I'WI..I-ibn rn ray inrnr?n 757 368 1383 'TO 914123817111 PT02i02 V??`RIFICAT.T? PATOCIA GARCIA, Iteeovezy SP 66" For HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, a Household Intcmtional Comlaany, deposes and says subject to the penalties of IS Pa.C.S: Section 4904 relating to uWworn falsification to authorities, that the facts set forth m the foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information and belief. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. e LLI PATRICIA GARCIA TOTAL PAGE.02 ** -, TnTn1 M^nc mn J.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. MICHAEL L. PAOLETTA, Defendant. CERTIFICATE OF SERVICE I, Michelle D. Smith, Esquire, counsel for Household Finance Consumer Discount Company hereby certify that a true and correct copy of Answers to Interrogatories was served upon the following by First Class Mail, postage prepaid on this 29th day of May, 2002: Michael Lynn Paolett:a 1771 South Meadow Drive Mechanicsburg, PA 17055 ?'. " /J hn /' (Q Michell-e D. Smith, Esquire THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address indicated a copy of Defendant's Motion for Leave to Withdraw Defendant's Pro Se Answer and Filing of Preliminary Objection contained therein as an Amended Pleading along with a Rule to Show Cause under the local Rule why the Motion should not be granted in the above captioned matter by facsimilie to 412- 381-7111 and by mail by depositing same in a receptacle for the pick- up by the U.S. Postal Service, first class postage prepaid. Michelle D. Smith, Esquire Mollica & Murray 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 John Slike, Esquire Chairman 2109 Market Street Ca H' , 17011 tQ- ?? 4 David S. Bra y Dated: F 0, G X . 2,5 ?? 0 (---, c, C,.. c. , 'il C i mid -,; Cfl Cr -? ON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 02-1732 Civil Term Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 TYPE OF PLEADING: Answer to Motion for Leave to Withdraw Defendant's Pro Se Answer, Or in the Alternative Preliminary Objections to Defendant's Preliminary Objections TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 02-1732 Civil Term Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. ANSWER TO MOTION FOR LEAVE TO WITHDRAW DEFENDANT'S PRO SE ANSWER, OR IN THE ALTERNATIVE PRELIMINARY OBJECTIONS TO DEFENDANT'S PRELIMINARY OBJECTIONS ANSWER TO MOTION AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by and through its attorneys, Mollica & Murray, and files the within Answer, or in the alternative Preliminary Objections: 1. Denied. This paragraph states legal conclusions to which no response is required. By way of further response, the verified averments of the Complaint reveal the identity of the Plaintiff, and there are no verified facts set forth in Defendant's Motion to the contrary. 2-3. Denied. This paragraph states legal conclusions to which no response is required. By way of further response, there are no verified facts set forth in Defendant's Motion to substantiate these averments. Further, Defendant previously filed an Answer in this matter on April 29, 2002, and he cannot now file Preliminary Objections or an amended Answer without leave of court or consent of Plaintiff. Allowing Defendant to file an Amended Answer would be improper in that he invokes non-existent rights without factual or legal basis, and that such filing would substantially prejudice the Plaintiff and impede the efficient administration of justice by further delaying the resolution of this matter. 4. Denied. This paragraph states legal conclusions to which no response is required. By way of further response, the documents "submitted" in this action speak for themselves and Defendant mischaracterizes their effect. 5. Denied. This paragraph states legal conclusions to which no response is required. By way of further response, there are no verified facts set forth in Defendant's Motion to substantiate these averments. WHEREFORE, Plaintiff requests that this Motion be dismissed with prejudice, and costs and reasonable attorneys fees should be granted to Plaintiff for the defense of Defendant's frivolous filing. PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS 6. Plaintiff files the following paragraphs to the extent that Defendant's document may be characterized as "Preliminary Objections", as he has requested. 7. The Defendant's Preliminary Objections should be overruled with prejudice pursuant to Pa.R.C.P. 1028(a)(2) as they fail to conform to law or rule of court and as they include scandalous and impertinent matter. Defendant previously filed an Answer in this matter on April 29, 2002, and he cannot now file Preliminary Objections. Further, allowing Defendant to file such pleading would be improper in that he invokes non-existent rights without factual or legal 2 basis, and that it would prejudice the Plaintiff and impede the efficient administration of justice by further delaying the resolution of this matter. 9. The averments of Defendant's filing are replete with impertinent and scandalous matter without factual or legal basis. Specifically, they contain unfounded allegations against a non-party, the undersigned law firm; fail to address in any way the merits of this action; and fail to state a comprehensible basis justifying relief for Defendant. WHEREFORE, the Preliminary Objections should be overruled, and costs and reasonable attorneys fees should be granted to Plaintiff for the defense of Defendant's frivolous filing. Respectfully submitted, MOLLICA & MURRAY By, f t / ' jvh, L, CATH ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. CIVIL DIVISION No. 02-1732 Civil Term ORDER OF COURT AND NOW, this day of , 2003, the Defendant's Motion for Leave to Withdraw Defendant's Pro Se Answer and File Preliminary Objections Contained Therein As An Amended Pleading is DENIED and Defendant shall pay Plaintiff attorney's fees and the costs of defending against this filing, in the amount of $ BY THE COURT: J. 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, NO: 02-1732 Civil Term Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. CERTIFICATE OF SERVICE I, Michelle D. Smith, Esquire, counsel for Household Finance Consumer Discount Company hereby certify that a true and correct copy of Answer to Motion for Leave to Withdraw Defendant's Pro Se Answer, or in the Alternative Preliminary Objections to Defendant's Preliminary Objections was served upon the following by First Class Mail, postage prepaid on this 7th day of March, 2003: DAVID S. BRADY, ESQUIRE 4 Central Boulevard Camp Hill, PA 17011 A, 4 41Ji & I Michelle D. Smith, Esquire `=' <-, RULE TO SHOW CAUSE WHY DEFENDANT'S MOTION FOR LEAVE OF COURT TO WITHDRAW PRO SE ANSWER AND FILE THE PRELIMINARY OBJECTION AS AN AMENDED PLEADING SHOULD NOT BE GRANTED: PAGE 2 of 2 ALPHA LEGAL SERVICES DAVID S. BRADY, ATTORNEY PA. ID NO. 35928 RULE TO SHOW CAUSE WHY MOTION FOR LEAVE TO WITHDRAW DEFENDANT'S PRO SE ANSWER AND FILING OF PRELIMINARY OBJECTION CONTAINED HEREIN AS AN AMENDED PLEADING UNDER PA. R.CIV.P. 1033 SHOULD NOT BE GRANTED AND NOW a Rule is issued upon Plaintiff herein under local Rule 206-3 to show cause why Defendant's Motion for Leave to Withdraw his pro se Answer in this matter and the Leave of Court granted for the filing of the Preliminary Objection contained in Defendant's Motion; and Pursuant to local Cumberland County Rule 208-1 , if Plaintiff chooses to oppose Defendant's Motion, it shall file an Answer to the Motion of Defendant within twenty days of service of this Order; ORDERED. Dated: 10 ' 24o5 Pleas Judge c ? t 0 .O : ; UW co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION No. 02-1732 Civil Term TYPE OF PLEADING: Answer to Motion for Leave to Withdraw Defendant's Pro Se Answer, or in the Alternative Preliminary Objections to Defendant's Preliminary Objections TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, Plaintiff, vs. MICHAEL L. PAOLETTA, Defendant. No. 02-1732 Civil Term ANSWER TO MOTION FOR LEAVE TO WITHDRAW DEFENDANT'S PRO SE ANSWER, OR IN THE ALTERNATIVE PRELIMINARY OBJECTIONS TO DEFENDANT'S PRELIMINARY OBJECTIONS ANSWER TO MOTION AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by and through its attorneys, Mollica & Murray, and files the within Answer, or in the alternative Preliminary Objections: Denied. This paragraph states legal conclusions to which no response is required. By way of further response, the verified averments of the Complaint reveal the identity of the Plaintiff, and there are no verified facts set forth in Defendant's Motion to the contrary. 2-3. Denied. This paragraph states legal conclusions to which no response is required. By way of further response, there are no verified facts set forth in Defendant's Motion to substantiate these averments. Further, Defendant previously filed an Answer in this matter on April 29, 2002, and he cannot now file Preliminary Objections or an amended Answer without leave of court or consent of Plaintiff. Allowing Defendant to file an Amended Answer would be improper in that he invokes non-existent rights without factual or legal basis, and that such filing would substantially prejudice the Plaintiff and impede the efficient administration of justice by further delaying the resolution of this matter. 4. Denied. This paragraph states legal conclusions to which no response is required. By way of further response, the documents "submitted" in this action speak for themselves and Defendant mischaracterizes their effect. 5. Denied. This paragraph states legal conclusions to which no response is required. By way of further response, there are no verified facts set forth in Defendant's Motion to substantiate these averments. WHEREFORE, Plaintiff requests that this Motion be dismissed with prejudice, and costs and reasonable attorneys fees should be granted to Plaintiff for the defense of Defendant's frivolous filing. PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS 6. Plaintiff files the following paragraphs to the extent that Defendant's document may be characterized as "Preliminary Objections", as he has requested. 7. The Defendant's Preliminary Objections should be overruled with prejudice pursuant to Pa.R.C.P. 1028(a)(2) as they fail to conform to law or rule of court and as they include scandalous and impertinent matter. 8. Defendant previously filed an Answer in this matter on April 29, 2002, and he cannot now file Preliminary Objections. Further, allowing Defendant to file such pleading would be improper in that he invokes non-existent rights without factual or legal 2 basis, and that it would prejudice the Plaintiff and impede the efficient administration of justice by further delaying the resolution of this matter. 9. The averments of Defendant's filing are replete with impertinent and scandalous matter without factual or legal basis. Specifically, they contain unfounded allegations against a non-party, the undersigned law firm; fail to address in any way the merits of this action; and fail to state a comprehensible basis justifying relief for Defendant. WHEREFORE, the Preliminary Objections should be overruled, and costs and reasonable attorneys fees should be granted to Plaintiff for the defense of Defendant's frivolous filing. Respectfully submitted, MOLLICA & MURRAY By. /Ill/ , CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. No. 02-1732 Civil Term ORDER OF COURT AND NOW, this day of _, 2003, the Defendant's Motion for Leave to Withdraw Defendant's Pro Se Answer and File Preliminary Objections Contained Therein As An Amended Pleading is DENIED and Defendant shall pay Plaintiff attorney's fees and the costs of defending against this filing, in the amount of $ BY THE COURT: J. 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, Plaintiff, NO: 02-1732 Civil Term vs. MICHAEL L. PAOLETTA, Defendant. CERTIFICATE OF SERVICE I, Michelle D. Smith, Esquire, counsel for Household Finance Consumer Discount Company hereby certify that a true and correct copy of Answer to Motion for Leave to Withdraw Defendant's Pro Se Answer, or in the Alternative Preliminary Objections to Defendant's Preliminary Objections was served upon the following by First Class Mail, postage prepaid on this 21st day of March, 2003: David S. Brady, Esquire 4 Central Boulevard Camp Hill, PA 17011 Michelle D. Smith, Esquire DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTIONS AS FILED: PAGE 1 of 6 David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, 1160070 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW : Docket Number 02- 1732 Civil Term vs. MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 PRELIMINARY OBJECTION BY DEFENDANT TO PLAINTIFF'S PRELIMINARY OBJECTION IN ANSWER TO DEFENDANT'S MOTION Defendant . COUNSEL OF RECORD: CATHY A. CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PAID NO. 74800 MOLLICA & MURRAY FOR PLAINTIFF Firm #952; ALPHA LEGAL SERVICES P.C. FOR DEFENDANT DAVID S. BRADY, ATTORNEY PA. ID NO. 35928 DEFENDANT MICHAEL PAOLETTA'S PRELIMINARY OBJECTION TO PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AS FILED: PAGE 2 of 5 PRELIMINARY OBJECTION TO MOLLICA & MURRAY'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTION TO COMPLAINT NOW COMES Defendant Michael L. Paoletta by and through his Attorney David S. Brady and files his Preliminary Objections to the Preliminary Objections placed in Mollica & Murray's Answer to Defendant's Motion to Amend and file Preliminary Objections set forth in the Motion, on the following grounds: 1. Mollica & Murray, [hereinafter referred to as "M&M"], the Debt Collector Attorneys, are prosecuting this case contrary to the Federal Fair Debt Collection Practices Act (15 USCA 1692 et seq. and the Pennsylvania Fair Credit Extension Uniformity Act being 73 P.S. 2270.4 et seq. ) 2. The Defendant moved to Amend his pro se Answer and filed his Motion to Amend and Preliminary Objections to the Complaint on March 5, 2003 [said Defendant's Motion and Preliminary Objection hereinafter referred to as "POI"]. 3. At paragraphs six through nine of the Mollica & Murray Answer to Defendant's Motion [ the M&M Answer is hereinafter referred to as "M&MPO"], M & M appended Preliminary Objections to the POI filed by Defendant. 4. The reference at paragraph seven of the "M&MPO" to Pa.R.Civ.P. 1028(a)(2) is not appropriate on the grounds that: (a) Defendant's pleading the POI is in conformance with the court rule for the reason that it seeks leave of court to amend the pro se Answer filed by Defendant when he was unrepresented by Counsel in this matter under Pa.R.Civ.P. 1033. (b) M&M fail to identify what they regard as "scandalous and impertinent matter". (c) M&M are not authorized by law to bring an action in court on the ground that they are acting as a "Debt Collector" as defined by Federal Fair Debt Collection Practices Act being 15 USCA 1692 et DEFENDANT MICHAEL PAOLETTA'S PRELIMINARY OBJECTION TO PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AS FILED: PAGE 3 of 5 segl and the Pennsylvania Fair Credit Extension Uniformity Act being 73 P.S. 2270.4 et seq. (d) It is therefore wrongful for M&M to pretend to the Court and to the Defendant that they are "authorized" to bring this action when it is a clear violation of Federal and State law for them to do so. M&M lack standing to bring the action. (e)These are not "scandalous and impertinent" contents of the pleading in question on the ground that these statements are clearly alleged and remain unrebutted and uncountered by M&M. 5. At paragraph Eight of the M&MPO, M&M: once again ignore the terms of Pa.R.Civ.P. 1033 permitting a Motion for Leave to Amend. (a) M&M fail to identify to the court what they regard as "non- existent rights". (b) The logical extension of what M&M suggests in its paragraph Eight of the M&MPO is that Defendant is impeding justice by insisting that M&M obey the statutes of the United States and the Commonwealth of Pennsylvania. (c) Defendant's response to this averment by M&M is that the law governs to preclude the action by M&M: in this court. 6. At paragraph Nine of the M&MPO, the general nature of the denials by M&M are subject to the terms of Pa.R.Civ.P. 1029(b) and must be taken as admissions that: (a) M&M is acting in this matter as a Debt Collector who is governed by the Federal Fair Debt Collection Practices Act being 15 USCA 1692 et seq and the Pennsylvania, Fair Credit Extension Uniformity Act being 73 P.S. 2270.4 et seq. (b) M&M is without legal standing to bring this action. 1. ' See Fair Debt Collection Practices Act 15 USCA 1692(i) (b) which states: "Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors." DEFENDANT MICHAEL PAOLETTA'S PRELIMINARY OBJECTION TO PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AS FILED: PAGE 4 of 5 Wherefore, based on Molica &Murray's lack of legal standing to prosecute this cause of action under the laws of the United States and of this Commonwealth, the Defendant respectfully moves this honorable Court to 1. Enter an Order making the Rule to Show Cause on Plaintiff Absolute so as to allow the amendment of the Defendant's pro se Answer by Leave of Court and the adoption of Defendant's Motion to Amend as such Preliminary Objection in the interest of Justice; and 2. Dismiss the Plaintiff's complaint with prejudice for its failure to state a proper claim upon which relief shall be granted under the laws of this Commonwealth.Z 3. That the Defendant be allowed to tax his reasonable costs of this litigation, and attorneys fees; and 4. For such further relief that this honorable Court deems just and proper under the laws of this Commonwealth3, and this United States.4 S David S. Brady, Attorney PA. ID # 35928 Attorney for Defendant Phone (717) 303-2080 4 Central Blvd Dated: 0 ? ,l 2-10 Camp Hill, PA 17011 2 Pursuant to Pa R.C.P. 1512 NonSuit: The court may enter a nonsuit against the plaintiff under the same circumstances, subject to review in the same manner and with the same effect as in actions at law. ' Title 73 P.S. chapter 42, section 2270.5. Enforcement and penalties (a) Unfair trade practices.--If a debt collector or creditor engages in an unfair or deceptive debt collection act or practice under this act, it shall constitute a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law ' Title 15 USCA Fair Debt Collection Practices Act DEFENDANT MICHAEL PAOLETTA'S PRELIMINARY OBJECTION TO PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AS FILED: PAGE 5 of 5 CERTIFICATE OF SERVI(:E Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address indicated a copy of Defendant's Preliminary Objection to Plaintiff's Preliminary Objection to Defendant's Preliminary Objection to the Complaint as filed in the above captioned matter by mail by depositing same in a receptacle for the pick-up by the U.S. Postal Service, first class postage prepaid. Michelle D. Smith, Esquire Mollica & Murray 450 T_rimont Plaza 5 Avenue ittsbur , PA 1 2 1 A David S. Brady, Attorney Dated: 0y 10-2 /0 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 6.1. - 17 3a: TYPE OF PLEADING: Complaint TYPE OF CASE: Civil Action Ct0- ?( " Plaintiff, vs. MICHAEL L. PAOLETTA, Defendant. FILED ON BEHALF OF: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAX, ESQ. PA ID NO. 42067 Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 MICHELLE 1). SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 t DEFENDANT'S EXHIBIT I THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TAU COPY O RECORD :}4 NO tA' Saab . , at d", , Pa. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, vs. Plaintiff, MICHAEL L. PAOLETTA, CIVIL DIVISION No. Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 - 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION nISCOUNT COMPANY, Plaintiff, No. vs. MICHAEL L. PAOLETTA, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by its Attorneys, Moll.ica & Murray, with its Civil Action Complaint, the following of: which is a statement thereof: 1. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania with its principal office situate at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff". 2. MICHAEL L. PAOLETTA is an adult individual residing at 1771 South Meadow Drive, Mechanicsburg, PA 17055. 3. On or about July 14, 2000, Defendant entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit All and incorporated herein. 4. Pursuant to the Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR 5. Defendant is in default under the terms and -conditions of the aforementioned Agreement for failing to make payments when due, with the last payment having been made on or al?Qut January 11, 2001. 6. Pursuant to the terms of the Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of Five Thousand Nine Hundred Forty Four and 69/100 ($5,944.69) Dollars as of February 2\ , 2002. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. \ 8. Pursuant to the Agreement, :Plaintiff is entitled to recover costs of collection and reasonable! attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Five Thousand Nine Hundred Forty Four and 69/100 ($5,944.69) Dollars, with interest thereon at the rate of 23.99% from February 27, 2002, plus court costs and attorneys' fees. Respectfully submitted, MOLLICA & MURRAY By: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR MOLLICA & MMAY ATTORNBXS AT LAW T,Llp 10X8 (412) 381-7000 450 TRIMONT PLAZA 1305 QRANDVIIEW AVIBME PITT9,IURON, pZjgNSXLVA1M1A 15211 MjC-KZj,U% D. 81417,'8 DIUCT DIAL (E1$) $90.7010 6ma111 aum?1140ma??"ui0Y.E0m Mmh 5, 2002 Mid act L. Paolefa 1771 South Meadow Drive Mechanicsburg, PA 17055 R:e: Aacmmt Numbm' 71334300-102486 Dear Mr. Paoletta: Household Finance Consumer Disauat Company has retained th owed it with regard to the above account. Please be advised of die proc cedi W may be filed against you thirty days from the date of this n resolved during this time. If you have any questions or wish to dim please contact Diane Ramski with our office at (412) 390-7029. Very truly yours, //VWtWVA MICHELLE D. SMITH finclosure THIS IS AN ATTWAFT To 00,1.ECT A D!/T AND ANY ¦ PORMATION OSTAINW WILL N USKI FOR THAT 1RACSIMUS (412) $81.1111 Ifrm to collect monies mlosad notice. Legal ice if Ibis msaer is »pt resolv*g ibis matter, DEFENDANT'S EXHIBIT 2 NOT= 19 COMM= MZMM TO: Milos L. Pgole,tta 1771 South Meadow Drive, MechaWesburg, PA 17055 IN ACCORDANCE WITH THE FAIR DEBT COLLECTI0 PRACTICES ACT, 15 U.S.C.S SECTION 16929 YOU ARE HEREBY NOTIFIED FOLLOWS. (1) AMOUNT OIL DEBT: $5,968.45 - I. (2) NAME OF CREDITOR: H0u"h0ld Fimanae Consu?er Dbcunt Company (3) UNLESS YOU, WITHIN THIRTY (30) DAYS AFTER OF THIS NOTICE, DISPUTE THE VALIDITY OF THIS DEBT. ANY PORTION THBREOF, THE DEBT WILL BE ASSUMED TO BE v BY THE DEBT COLLECTOR ATTORNEY. (4) IN THE EVENT THAT YOU NOTIFY THE DEBT COLL TOR ATTORNEY IN WRITING WITHIN THE THIRTY (30) DAY PERIOD T THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, THE DEBT CO R ATTORNEY WILL OBTAIN AND MAIL TO YOU A VMMCATION O THE DEBT OR A COPY OF THE JUDGMENT AGAINST YOU. (5) UPON YOUR WRITTEN REQUEST WITHIN THE PERIOD, THE DEBT COLLECTOR ATTORNEY WILL PROV NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF THE CURRENT CREDITOR. DATED: Meech S, 2002 YEAS iN AN ATT=FT TO OOUMT A OAT ANN ANY N PO11MATION asTA?c WILL N u= FOR THAT 111. DEFENDANT'S EXHIBIT 2 PAGE 2 IRTY (30) DAY YOU WITH THE rFERENT FROM NON- NEGOTIABLE NOTICE. FROM: Michael Lvnn Paoletta 1771 South Meadow Drive Mechanicsburg, Pa. 17055 Certified Mail # ) 000 - IS-30 000 / , 0 / / ,? , ?4 J+ RE: 713303-10-116657-3 DATE: November 30, 2001 To: HOUSEHOLD BANK PAUL GUYER 841 SEAHAWK CIRCLE VIRGINIA BEACH VA. 23452 NON-NEGOTIABLE:. NON-TRANSFERABLE Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt RE: MICHAEL L. PAOLETTA/ Card number 713303-10-1166.57-3 Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1601.1692 et. seq,. this constitutes timely written notice that i dispute the entire amount of the alleged loan and that I decline to pay the attached erroneous purported debt Notice which is unsigned and unattested and which 1 discharge and cancel in its entirety, without dishonor, on the grounds of breach of contract, false representation, and fraud in the inducement. 15 U.S.C. 1692 (e) states that a "false, deceptive, and miskading representation, in connection with the collection of any debt," includes the false representation of the character or legal status of any debt and further makes a threat to take any action that cannot Legally be taken a deceptive practice. Such Notice omits information, which should have been disclosed, such as vital citations, disclosing the agency's jurisdictional and statutory authority. Said Notice further contains false, deceptive and misleading representations, and allegations intended to intentionally pervert the truth for the purpose of inducing one, in reliance upon such, to part with property belonging to them and to surrender certain substantive legal and statutory rights. To act upon this Notice would divest one of his/her property and their prerogative rights, resulting in a legal injury. Pursuant to 15 U.S.C. 1692(gx4) Validation of Debts, of you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this debt, this is a demand that, within thirty (.30) days, you provide such validation and supporting e-Adence to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been met and your claim is validated, you have no jurisdiction to continue any collection activities. DEFENDANT'S EXHIBIT 3 9. According to the bank's bookkeeping entries, if the bank paid its debt associated with granting loans, could it pay the debt the borrower owes the bank? 10. According to the bank's policy, did the Borrower provide the bank with an asset, and the bank returned the value of that back to the same Borrower calling it a loan? 11. According to the bank's policy, does the bank act like a moneychanger, receiving an asset from the Borrower and returning the value of the asset back to the same Borrower and charging as if there was a loan? 12. What are all of the bookkeeping entries related to and associated with the bank transactions for these accounts? 13. According to the written agreement, was the Borrower to loan anything to the bank? 14. According to the written agreement, was the Borrower to give the bank anything of value of which the bank liabilities increased by the amount of what the bank received? 15. According to your understanding according to the written agreement, was there to be an exchange of equal value for equal value between the bank and the Borrower? 16. How can the bank's liabilities increase by the amount of the loan if they did not receive a deposit or a loan or an exchange from the Borrower? 17. If the bank is complying with the Federal Reserve Bank's policies and procedures when issuing credit and charging interest, is the Borrower's transaction account credited for the same amount borrowed, and is that the matching liability for the amount that is debited to the bank's asset account? (Federal Reserve Bank of Chicago, Modem Maley Mechanics, p.6, and Two Faces of Debt, pp. 17-19). 18. If "A deposit created through lending is a debt that has to be paid on the demand of the depositor, just the same as the debt arising from a customer's deposit of checks or currency in the bank." (Federal Reserve bank of Chicago, Two Faces of Debt, p.19), does that mean that the bank owes the Borrower for the deposits made in camection with loan transactions? 19. When granting loans, if the bank's liabilities did not increase, would the bank be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modern Money Mechanics,p.6, and Two Faces of Deb(pp.17-19.) 20. If the bank does not repay "a deposit created through lending", would it be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modem Money Mechanics,p.6, and Two Faces of Debt,pp.17-19) 21. When a loan is not repaid, is the one who funded the loan damaged? 22. When the bank does not repay upon demand the deposit made by the Borrower, does it show that the policy and intent of the bank is to deny equal protection of the law and credit to the Borrower? e 23. When the bank does not reveal the substance of the form of the loan agreement to the Borrower, does it show that the policy and intent of the bank is to deny full disclosure of the terns of the agreement to the Borrower? 19 ;y +i 24. Do the Generally Accepted Accounting Principals (GAAP), the Generally Accepted Accounting Standards(GAAS), the Audit Reports, the Auditor's Working Papers, the Call Reports, and the bank's financial statements (that are related to and associated with the loan transaction) reveal the substance of the loan agreement? 25. If the substance of the loan agreement does not match the written form of the agreement, does it significantly change the cost and the risk of the written agreement? 26. Is full disclosure of material facts essential to a valid contract in order to have mutual agreement? 27. In your opinion, is it material or important to know which party is to fund the loan in order to know who is damaged if the loan is not repaid? 28. In your opinion, do you believe the Borrower intended to provide the consideration to fund the loan? 29. If the bank did not risk any of its assets at the time regarding the written agreement, was this material fact ever disclosed to the Borrower? 30. In your opinion, if "An unconscionable bargain or contract is one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other... [It is] "usually held to be void as against public policy." (Black's Law Dictionary, 6th Edition), would a loan agreement that takes the Borrower's assets as the funding for a loan back to the Borrower, and then requires that the Borrower to pay back that loan with interest to a third party, and then does not require the repayment of the Borrower's funds back to the Borrower, be an agreement that is unconscionable? 31. According to your understanding of the alleged agreement, if the Borrower was to provide the funds for the loans for the bank, would the alleged agreement, in your opinion, be unconscionable as defined in Black's Law Dictionary? 32. In your opinion, if a signature is "the act of putting one's name at the end of an instrument to attest to its validity" (Black's Law Dictionary, 6th Edition), then could that signature be valid if the instrument itself is an unconscionable bargain or contract? 33. Do you have personal knowledge that the bank provided full disclosure of all of the terms of the agreement? 34. D you have personal knowledge that the bank disclosed to the Borrower the Federal Reserve Policies and Procedures and the Generally Accepted Accounting Principles (GAAP) requirements imposed upon all Federally-insured (FDIC) banks in Title 12 of the United States Code, section 1831n(a), that prohibit them from lending their own money from their own assets, or from other depositors? Was it disclosed where the money was coming from? 35. Do you have personal knowledge that the bank disclosed that the contract the Borrower signed (the promissory note) was going to be converted into a `negotiable instrument' by the bank and become an asset on the bank's accounting books? Did the bank disclose this information to the Borrower and that the signature on that note made it `money', according to the Uniform Commercial Code (UCC), sections 1-201(24) and 3-104? 36. Do you have personal knowledge that the bank disclosed that the Borrower's contract or .r' promissory note (money) would be taken, recorded as an asset of the bank, without `valuable consideration' given to obtain the note? 37. Do you have personal knowledge that the bank gave the Borrower a deposit slip as a receipt for the money the Borrower gave them, just as a bank would normally provide when making a deposit to a bank? 38. Since, pursuant to UCC 3-308, the burden of proof is on the party claiming under the signature, do you have personal knowledge of the validity of the signature if it is denied in the pleadings based on answers to above questions? 39. I Since, pursuant to UCC 3-602(bx2), the obligation of a party to pay an instrument is NOT discharged if the person making the payment knows that the instrument is stolen, do you have personal knowledge that the instrument is or is NOT stolen? You should be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to respond on-point within thirty (30) days to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and legal fees. I, Michael Lynn Paoletta, am the Secured Party Creditor and any communications sent to debtor MICHAEL L PAOLETTA without the express written consent of Secured Party Creditor, Michael Lynn Paoletta will bring criminal charges against all those involved unless communications involve answering an affidavit. NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Sincerely, G?Qy • Mete !tame 1. 2. SW 3. Also Flecr;wd * Pr If Pm iCted DsUwry is daWred. I' PMt S. Dols of Delvia R so Mat wtr can return the card to you. C. •?V I AtLNehCWCf to the beck of the mailple?, N apace perm+:s. x a App t . Adangaed o: O. Is O Addtewee ff YE 't *?^ ftm t? o yes { 0 t / n /C .donm tefow: O wo 84 0 O/Z l 3 Ser&@ Type a 3 VS o +mn.d nwr O c.a D. M«nn."ksr.' .Xft 2. 4. Reahicted os5wry? j d w. ; PS F CaTpleft ¦ NOT Pft 4 if Radar awrlyJ 8, Oft of 00mv your nen so that we car ¦ Attach this ca _ _ or on tha *T 713-PA-14313 00131 OZ92 96 e«.e I . Arft* A*Mmed ?e;? . _....., _ .. _ ibm tam t T O raes i , . Z-.. ff YES. erRer dW wry wk*%e blow: O No r a{.? t 3 Service TWO D MON O ?Q l r, ? ,, 'LC o R•ow.r.d lie O Rettim PAmopt ftr Merchwidi, O hw,r d AWI O C.O.D. 2. arud. Numbsr frr from ResMCW a*MW Wxft AW o We PS Form 3811. ,luy inn Domnik Pa lm ? ,asres.re.r?.a? m Ln .a it ti a- r-I 0 r-q Q C3 O O m tr1 Ln O O O rl- Retum Reoerpt Fee TAd Poeteae a ape r-, / ( ..D -, -- , 0- .--r r 71 C pl ? -fit fl f J -G ORDER GRANTING DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 1 of 2 David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, I160070 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW Docket Number 02- 1732 Civil Term VS. MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 Defendant ORDER GRANTING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE GRANTING LEAVE TO AMEND PROSE ANSWER AND ALLOWING DEFENDANT'S FILING OF PRELIMINARY OBJECTION COUNSEL OF RECORD: CATHY A. CHROMULAK, ESQ. PA II) NO. 42067 : MICHELLE D. SMITH, ESQ. PA II) NO. 74800 MOLLICA & MURRAY Firm #952 ALPHA LEGAL SERVICES DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTIONS AS FILED: PAGE 1 David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, 1160070 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW : Docket Number 02- 1732 Civil Term vs. MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 MOTION BY DEFENDANT : TO MAKE THE RULE TO SHOW CAUSE ISSUED TO PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTION TO COMPLAINT AS FILED Defendant COUNSEL I)F RECORD: CATHY A. CHROMULAK, ESQ. % PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PAID NO. 74800 MOLLICA & MURRAY FOR PLAINTIFF Firm #952 ALPHA LEGAL SERVICES P.C. FOR DEFENDANT DAVID'S. BRADY, ATTORNEY DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTIONS AS FILED: PAGF, 2 of 7 MOTION TO MAKE THE RULE TO SHOW CAUSE AGAINST PLAINTIFF ABSOLUTE NOW COMES Defendant Michael L. Paoletta by and through his Attorney David S. Brady and moves to make the Rule to Show Cause issued against the Plaintiff Absolute on the following grounds. The Defendant moved to Amend his pro se Answer and filed Preliminary Objections to the Complaint on March 5, 2003. 2. The Court signed a Rule to Show Cause upon Plaintiff to show cause why Defendant's Motion should not be granted for the filing of the Preliminary Objections contained in Defendant's Motion to Amend pro se Answer on March 10, 2003. 3. On March 21St Plaintiff filed an Answer to the Motion for Leave to withdraw Defendant's pro se Answer and file Preliminary Objections to the Complaint, as a purported.Answer to the Rule to Show Cause. 4. Plaintiff's Answer to Defendant's Motion also contained Preliminary Objections to the Defendant's Preliminary Objections to the Complaint. 5. Plaintiff's Answer to Defendant's Motion completely fails to provide any meritorious ground to show cause why the Defendant's Motion should not be granted. 6. Defendant now requests the Court to make the Rule to Show Cause against Plaintiff to be made absolute, thereby deeming Defendant's Motion to amend granted and accepting Defendant's Preliminary Objections as filed in the matter. 7. Upon entry of the requested Order herewith, a briefing schedule can be set and argument on Defendant's Preliminary Objections to the DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTIONS AS FILED: PAGE 3 of 7 Complaint and Plaintiff's Preliminary Objections to Defendant's Preliminary Objections can be held by the court. 8. The law firm prosecuting this proceeding as a Plaintiff Debt Collector, Mollica & Murray, has failed to rebut the allegation by Defendant that the law firm is in fact operating as a Debt collector and has further failed to rebut or deny that the Complaint itself filed in this matter states on the face of each page: "THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." [ See a copy of the Complaint in the action attached hereto and marked " Defendant's Exhibit 1".] 9. Mollica and Murray is therefore not authorized by law to commence proceedings to collect a debt alleged to be due from Defendant, under the terms and provisions of the Fair Debt Collection Practices Act 15 USCA 1692(i) (b) which states: "Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors." 10.Pursuant to paragraph nine above, Mollica and Murray has no standing before the court to file the suit or any answer to the Defendant's Preliminary Objections. 11. Further, Plaintiff s purported Answer to the Rule to Show Cause fails to adequately show cause why Defendant's Motion should not be granted for the further reason that Mollica & Murray has failed to set up any exception or exemption in their favor to the Fair Debt Collection Practices Act provisions as quoted above. 12. In its Answer to Defendant's Motion, Mollica & Murray rely upon general denials which by the terms of Pennsylvania R.Civ. P. 1029(b) "...shall have the effect of an admission." 13. In its Answer to Defendant's Motion to Amend, Mollica &Murray fails to acknowledge that Pennsylvania R.Civ. P. 1033 permits Amendment by leave of court, which is the subject of Defendant's Motion before the Court. 14. In its Answer to Defendant's Motion to Amend, Mollica and Murray claims Defendant cannot file Preliminary Objections, which DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTIONS AS FILED: PAGE 4 of 7 position fails to acknowledge that Pennsylvania R.Civ. P. 1028 states that "Preliminary Objections" may be filed to any pleading...". 15. Mollica & Murray, are subject to the terms and provisions of the Federal Fair Debt Collection Practices Act being 15 USCA 1692 et seq and the Pennsylvania Fair Credit Extension Uniformity Act being 73 P.S. 2270.4, which latter Act provides that violations by a Debt collector of the federal Act "... shall constitute an unfair or deceptive debt collection act or practice...." in Pennsylvania. [citing 73 P.S. 2270.4 et seq] . 16. Mollica & Murray is proceeding herein as a Debt Collector, as documented by the record herein including but not limited to a "Notice to Consumer Debtor" dated March 5, 2002 addressed to Defendant in which Mollica & Murray recites the phrase at paragraph 4 thereof, "... THE DEBT COLLECTOR ATTORNEY..." which document acknowledges on its face that Mollica & Murray is acting as a "Debt Collector Attorney". 17. The March 5 "Notice" referred to above, also carries the legend relating that it is an attempt to collect a debt and states that Mollica & Murray would send to Defendant a verification of the debt "or a copy of the judgment against you." [ See the Copy of the subject Notice with a cover letter from Monica & Murray attached and marked "Defendant's Exhibit 2"•] 18. Defendant had already informed HFC that the alleged debt was disputed by a Notice dated November 30, 2001. The legend identifying Mollica and Murray as a "Debi. Collector", appeared on the face of Mollica and Murray's correspondence to Defendant." [ See the Copy of the subject Notice dated November 30, 2001 addressed to HFC from Defendant attached and marked "Defendant's :Exhibit 3" along with a copy of the certified mail return receipt showing service was made upon HFC.] 19. This Motion to make the Rule Absolute is further based upon Defendant's Preliminary Objections to the Answer and Preliminary DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTIONS AS FILED: PAGE 5 of 6 Objections to Motion filed by Mollica & Murray, and the Defendant's Brief in Support of this Motion to make the Rule Absolute. Wherefore, based on Molica &Murray's lack of legal standing to prosecute this cause of action under the laws of the United States and of this Commonwealth, the Defendant respectfully moves this honorable Court to 1. Enter an Order making the Rule to Show Cause on Plaintiff Absolute so as to allow the amendment of the Defendant's pro se Answer by Leave of Court and the adoption of Defendant's Motion to Amend as such Preliminary Objection in the interest of .Justice; and 2. Dismiss the Plaintiffs complaint with prejudice for its failure to state a proper claim upon which relief shall. be granted under the laws of this Commonwealth.' 3. That the Defendant be allowed to tax his reasonable costs of this litigation, and attorneys fees; and 4. For such further relief that this honorable Court deems just and proper under the laws of this Commonwealth2, and this United States.3 Respectful Subnu to t' Dated_ i Q Z Q David S. Brady, Attorney PA. ID # 35928 Attorney for Defendant Phone (717) 303-2080 4 Central Blvd Camp Hill, PA 17011 ' Pursuant to Pa R.C.P. 1512 NonSuit: The court may enter a nonsuit against the plaintiff under the same circumstances, subject to review in the same manner and with the same effect as in actions at law. z Title 73 P.S. chapter 42, section 2270.5. Enforcement and penalties (a) Unfair trade practices.--If a debt collector or creditor engages in an unfair or deceptive debt collection act or practice under this act, it shall constitute a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law ' Title 15 USCA Fair Debt Collection Practices Act DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTIONS AS FILED: PAGE 6 of 6 CERTIFICATE OF SERVICE Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address indicated a copy of Defendant's Motion to Make the Rule to Show Cause upon Plaintiff Absolute holding Defendant's Preliminary Objections as filed to the Complaint as is proper under Pa.R.Civ.P. 1033 in the above captioned matter by mail by depositing same in a receptacle for the pick-up by the U.S. Postal Service, first class postage prepaid. Michelle D. Smith, Esquire Mollica & Murray 450 Trimont Plaza lran ven P ttsb rgh PA 152 David S. Brady c?_1.1?1Q3 r lC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, / No. OA - 17 34-?, Plaintiff, TYPE OF PLEADING: VS. Complaint. MICHAEL L. PAOLETTA, Defendant. TYPE OF CASE: Civil Action FILED ON BEHALF OF: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952'. 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 I DEFENDANT'S EX -HBIT 1 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ME COSY FROM RECORD 'U4 C(K .:# cad", /- ?a? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, vs. Plaintiff, MICHAEL L. PAOLETTA, CIVIL DIVISION No. Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 - 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER nISCOUNT COMPANY, CIVIL DIVISION No. Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by its Attorneys, Mollica & Murray, with its Civil Action Complaint, the following of which is a statement thereof: 1. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania with its principal office situate at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff". 2. MICHAEL L. PAOLETTA is an adult individual residing at 1771 South Meadow Drive, Mechanicsburg, PA 17055. 3. On or about July 14, 2000, Defendant entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit All and incorporated herein. 4. Pursuant to the Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR 5. Defendant is in default under the terms and -conditions of the aforementioned Agreement for failing to make payments when due, with the last payment having been made on or abut January 11, 2001. 6. Pursuant to the terms of the Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum, of Five Thousand Nine Hundred Forty Four and 69/100 ($5,944.69) Dollars as of February 2\ , 2002. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Five Thousand Nine Hundred Forty Four and 69/100 ($5,944.69) Dollars, with interest thereon at the rate of 23.99% from February 27, 2002, plus court costs and attorneys' fees. Respectfully submitted, MOLLICA & MURRAY By: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR MOLLICA & MURRAY A.r.roRNEYS AT LAW TILSVROME (411) 381-7000 450 TRIMOVIT PLAZA 1305 aRAKDV1jaW AYSNVB FMSSUROKI TE1414SYLVAN1A 15211 MICHSLLE D• BMITH DMZCT DIAL. (411) 390.7010 e,?oall? mrdattlr0'?a111?tmurrtg.COte M=h 5, 2002 Michael L. Paoletta 1771 South Meadow Ddve Modumic burg, PA 17055 me: Aawnt Number 71M4300-10Z4-86 Dear Mr. Paoletta. Household Finance Couumer Disc= Company has reed owed it with rgWd to the above account. please be advised of the procad1W may be Bled against you thirty days from the date of this 11 resolved during this time. if you have any quesdow or wish to dim please comet Diane Ramsld with our off= at (412) 390-7029. 'Very truly yours, 1'WGI W1162 MICHELLE D. SMITH, Fncloeure TEAS W AN ATTfM" TO C UACT A BUT AM ANT WPORMATION OBTAINED WILL N UND FOR THAT R 1'4CSIMMU (412) SSI.7111 i arm to collect lions Wored nodce. Leal do if this matter is not I Molvb* this matter, DEFENDANT'S EXHIBIT 2 TO: Michael L, PaoIM 1771 South M adm Drive Mechawesbur&, PA 17055 IN A,CCOIt.DANCL WITH THE FAIR DEBT COLLECTIO PRACTICES ACT, 13 U.S.C.S SECTION 1692& YOU ARE HEREBY NOTE FOLLOWS' (1) AMOUNT OF DWr-. $5,968.45 I. (2) NAME OF CREDITOR: H..sehoid Finn we DiscW Company UNLESS YOu, WI'rmv 'I'=Ty (30) DAYS AFTER OF THIS NOTICE, DISPUTE THE VALIDITY OF THIS DEBT, ANY PORTION THEREOF, THE DEBT WILL BE ASSUMED TO BE V BY THE DEBT COLL.BMOR ATTORNEY. (4) IN THE EVENT THE YOU NOTIFY ) DAY o p IN WRITING ?? THE DEBT CO ANY PORTION THEREOF, IS DISPUTED, WILL OBTAIN AND MAIL TO YOU A VERIFICATION COPY OF THE JUDGMENT AGAINST YOU. (5) UPON YOUR WRITTEN REQUEST WITHIN THE PERIOD, THE DEBT COLLECTOR ATTORNEY WILL PRO NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF THR CURRENT CREDITOR. DATHD: Pdmr h S, 2002 THIS IN AN ATTNMFT To OQUA GT A OAT AND ANY NPORMATION DEFENDANT'S OWAPM TH"FuNme WILL M UM PCM EXHIBIT 2 PAGE 2 CTOR ATTORNEY T THE DEBT, OR CTOR ATTORNEY THE DEBT OR A RTY (30) DAY YOU WITH THE MMENT FROM NON- NEGOTIABLE NOTICE. FROM: Michael Lynn Pooletta 1771 South Meadow Drive Mechanicsburg, Pa. 17055 Certified Mail # )060 - 15-30 000 / , 0 / 1 ? ?4 RE: 713303-10-116657-3 DATE: November 30, 2001 'ro: HOUSEHOLD BANK PAUL GUYER 841 SEAHAWK CIRCLE VIRGINIA BEACH VA. 23452 NON-NEGOTIABLE„ NON-TRANSFERABLE Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt RE: MICHAEL L. PAOLETTA/ Card number 713303-10-116657-3 Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1601.1692 et. wq,_ this constitutes timely written notice that I dispute the entire amount of the alleged loan and that I decline to pay the attached erroneous purported debt Notice which is unsigned and unattested and which I discharge and cancel in its entirety, without dishonor, ort the grounds of breach of contract, false representation, and fraud in the inducement. 1513.S.C. 1692 (e) states that a "false, deceptive, and misleading representation, in connection with the collection of any debt," includes the false representation of the character or legal status of any debt and further makes a threat to take any action that cannot legally be taken a deceptive practice. Such Notice omits information, which should have been disclosed, such as vital citations, disclosing the agency's jurisdictional and statutory authority. Said Notice further contains false, deceptive and misleading representations, and allegations intended to intentionally pervert the truth fix the purpose of inducing one, in reliance upon such, to part with property belonging to them and to surrender certain substantive legal and statutory rights. To act upon this Notice would divest one of his/her property and their prerogative rights, resulting in a legal injury. Pursuant to 15 U S.C. 1692(gx4) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fratdulent misrepresentation and that one owes this debt, this is a demand that, within thirty (30) days, you provide such validation and supporting evidence to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been met and your claim is validated, you have no jurisdiction to continue any collection activities. Ado? DEFENDANT'S EXHIBIT 3 9. According to the bank's bookkeeping entries, if the batik paid its debt associated with granting loans, could it pay the debt the borrower owes the bank? 10. According to the bank's policy, did the Borrower provide the bank with an asset, and the bank returned the value of that back to the same Borrower calling it a loan? 11. According to the bank's policy, does the bank act like it moneychanger, receiving an asset from the Borrower and returning the value of the asset back to the same Borrower and charging as if there was a loan? 12. What are all of the bookkeeping entries related to and associated with the bank transactions for these accounts? 13. According to the written agreement, was the Borrower to loan anything to the bank? 14. According to the written agreement, was the Borrower to give the bank anything of value of which the bank liabilities increased by the amount of what the bank received? 15. According to your understanding according to the written agreement, was there to be an exchange of equal value for equal value between the bank and the Borrower? 16. How can the bank's liabilities increase by the amount c f the loan if they did not receive a deposit or a loan or an exchange from the Borrower? 17. If the bank is complying with the Federal Reserve Bank's policies and procedures when issuing credit and charging interest, is the Borrower's transaction account credited for the same amount borrowed, and is that the matching liability for the amount that is debited to the bank's asset account? (Federal Reserve Bank of Chicago, Modem Money Mechanics, p.6, and Two Faces of Debt, pp. 17-19). 18. If "A deposit created through lending is a debt that has to be paid on the demand of the depositor, just the same as the debt arising from a customer's deposit of checks or currency in the bank." (Federal Reserve bank of Chicago, Two Faces of Debt, p.19), does that mean that the bank owes the Borrower for the deposits made in connection with loan transactions? 19. When granting loans, if the bank's liabilities did not increase, would the bank be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modem Money Mechanics,p.6, and Two Faces of Debtpp.17-19.) 20. If the bank does not repay "a deposit created through lending", would it be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modem Money Mechanics,p.6, and Two Faces of Debt,pp.17-19) 21. When a loan is not repaid, is the one who funded the loan damaged? 22. When the bank does not repay upon demand the deposit made by the Borrower, does it show that the policy and intent of the bank is to deny equal protection of the law and credit to the Borrower? 3 23. When the bank does not reveal the substance of the form of the loan agreement tothe Borrower, does it show that the policy and intent of the bank is to deny full disclosure of the terns of the agreement to the Borrower? 19 24_ Do the Generally Accepted Accounting Principals (GAAP), the Generally Accepted Accounting Standards(GAAS), the Audit Reports, the Auditor's Working Papers, the Call Reports, and the bank's financial statements (that are related to and associated with the loan transaction) reveal the substance of the loan agreement? 25. If the substance of the loan agreement does not match the written form of the agreement, does it significantly change the cost and the risk of the written agreement? 26. Is full disclosure of material facts essential to a valid contract in order to have mutual agreement? 27. In your opinion, is it material or important to know which party is to fund the loan in order to know who is damaged if the loan is not repaid? 28. In your opinion, do you believe the Borrower intended to provide the consideration to fund the loan? 29. If the bank did not risk any of its assets at the time regarding the written agreement, was this material fact ever disclosed to the Borrower? 30. In your opinion, if "An unconscionable bargain or contract is one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other... [It is] "usually held to be void as against public policy." (Black's Law Dictionary, 6th Edition), would a loan agreement that takes the Borrower's assets as the funding for a loan back to the Borrower, and then requires that the Borrower to pay back that loan with interest to a third party, and then does not require the repayment of the Borrower's funds back to the Borrower, be an agreement that is unconscionable? 31. According to your understanding of the alleged agreement, if the Borrower was to provide the funds for the loans for the bank, would the alleged agreement, in your opinion, be unconscionable as defined in Black's Law Dictionar),? 32. In your opinion, if a signature's "the act of putting one's name at the end of an instrument to attest to its validity" (Black's Law Dictionary, 6th Edition), then could that signature be valid if the instrument itself is an unconscionable bargain or contract? 33. Do you have personal knowledge that the bank provided full disclosure of all of the terms of the agreement? 34. D you have personal knowledge that the bank disclosed to the Borrower the Federal Reserve Policies and Procedures and the Generally Accepted Accounting Principles (GAAP) requirements imposed upon all Federally-insured (FDIC) banks in Title 12 of the United States Code, section 1831n(a), that prohibit them from lending their own money from their own assets, or from other depositors? Was it disclosed where the money was corning from? 35. Do you have personal knowledge that the bank disclosed that the contract the Borrower signed (the promissory note) was going to be converted into a `negotiable instrument' by the bank and become an asset on the bank's accounting books? Did the bank disclose this information to the Borrower and that the signature an that note made it `money', according to the Uniform Commercial Code (UCC), sections 1-201(24) and 3-104' 36. Do you have personal knowledge that the bank disclosed that the Borrower's contract or _f- .1= promissory note (money) would be taken, recorded as an asset of the bank, without `valuable consideration' given to obtain the note? 37. Do you have personal knowledge that the bank gave the Borrower a deposit slip as a receipt for the money the Borrower gave them, just as a bank would normally provide when making a deposit to a bank? 38. Since, pursuant to UCC 3-308, the burden of proof is on the party claiming under the signature, do you have personal knowledge of the validity of the signature if it is denied in the pleadings based on answers to above questions? 39. I Since, pursuant to UCC 3-602(bx2), the obligation of a party to pay an instrument is NOT discharged if the person making the payment knows that the instrument is stolen, do you have personal knowledge that the instrument is or is NOT stolen? You should be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to respond on-point within thirty (30) days to satisfy this request within the requirements of the Fair Debt Collection Practices Act: will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and legal fees. I, Michael Lynn Paoletta, am the Secured Party Creditor and any communications sent to debtor MICHAEL L PAOLETTA without the express written consent of Secured Party Creditor, Michael Lynn Paoletta will bring criminal charges against all those involved unless communications involve answering an affidavit. NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Sincerely, con>plete Refna 7 2. and 3. Alan complete ftem 4 if PMMOted pMiy«y Is desired. 8 Print your wwo can return taddrem on he card to yo reverse ao tha 11 AtIfth V id to the back of th. mtlpi. or an trWro+M K -- - .. ?o?vJ'? 1!I'ta t ? ??? ?C R.4 v C 'y P2 (If -pro NAwk 61'e`i Uj2??nia XPAc?r v?• ?21m7 O PAWM P'WNpt for Iy O C.O.D. 2. '' nemneted Osfiwry? feel PS F MEN Eno f ?PMte }tan 1 itwn 4 if Restr • Print Your nan yee?Q? S. Dale of OsNMny so that ws ca! 0 Attach this q Or on tM iron 7001 30 1. MkN AddisMW fo;?• - _ ? " 13001 0192 9b Aa?+t' D Addreaeee l . , _ .. _ _ . .r - taom hem 17 Ci we K YES, enter dowry acift" below: O No Q ? s : ? fiy 45.6 . ti •? k A • } ? rrj a? 3 Urvioe Type C7 GrtifNd AAaN C] Exp?w hall /n _? ? 0 P4O?d O P*wn A i t ` / ece pt for i?Aer - / E7 k%uma awe 0 C.O.D. i 4 Rest 2. Artl t ---- er -ppy 6+or?r r cted DNiwryr IFxea FO-- O Vie P3 Form 3811. July 1 mg Ow"ft ro2ses•oo.r?toea2 I m tT' ru Posuve s ?. tr • rq CwW;d Fee C3 Men Realm Rsoe" Fw 93 pestrtdd DsNwry Fes p•? f ,:~ C3 TAW a P. O un t . o c C3 Nr,, per., ?fli n i 3S; ti C) I r 1 T (mot DEFENDANT MICHAEL PAOLETTA'S MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE ACCEPTING DEFENDANT'S PRELIMINARY OBJECTIONS AS FILED: PAGE 1 of 6 David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, 1160070 Plaintiff Term vs. MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : PENNSYLVANIA CIVIL ACTION - LAW : Docket Number 02- 1732 Civil : PRELIMINARY OBJECTION BY DEFENDANT TO PLAINTIFF'S : PRELIMINARY OBJECTION IN ANSWER TO DEFENDANT'S MOTION COUNSEL OF RECORD: CATHY A. CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PAID NO. 74800 MOLLICA & MURRAY FOR PLAINTIFF Firm #952 ALPHA LEGAL SERVICES P.C. FOR DEFENDANT DAVID S. BRADY, ATTORNEY PA. ID NO. 35928 DEFENDANT MICHAEL PAOLETTA'S PRELIMINARY OBJECTION TO PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AS FILED: PAGE 2 of 5 %.v1vir1,A1A T NOW COMES Defendant Michael L..Paoletta by and through his Attorney David S. Brady and files his Preliminary Objections to the Preliminary Objections placed in Mollica & Murray's Answer to Defendant's Motion to Amend and file Preliminary Objections set forth in the Motion, on the following grounds: 1. Mollica & Murray, [hereinafter referred to as "M&M"], the Debt Collector Attorneys, are prosecuting this case contrary to the Federal Fair Debt Collection Practices Act (15 USCA 1692 et seq. and the Pennsylvania Fair Credit Extension Uniformity Act being 73 P.S. 2270.4 et seq. ) 2. The Defendant moved to Amend his pro se Answer and filed his Motion to Amend and Preliminary Objections to the Complaint on March 5, 2003 [said Defendant's Motion and Preliminary Objection hereinafter referred to as "PO 1 "]. 3. At paragraphs six through nine of the Mollica & Murray Answer to Defendant's Motion [ the M&M Answer is hereinafter referred to as "M&MPO"], M & M appended Preliminary Objections to the POI filed by Defendant. 4. The reference at paragraph seven of the "M.&MPO" to Pa.R.Civ.P. 1028(a)(2) is not appropriate on the grounds that: (a) Defendant's pleading the POI is in conformance with the court rule for the reason that it seeks leave of court to amend the pro se Answer filed by Defendant when he was unrepresented by Counsel in this matter under Pa.R.Civ.P. 1033. (b) M&M fail to identify what they regard as "scandalous and impertinent matter". (c) M&M are not authorized by law to bring an action in court on the ground that they are acting as a "Debt Collector" as defined by Federal Fair Debt Collection Practices Act being 15 USCA 1692 et DEFENDANT MICHAEL PAOLETTA'S PRELIMINARY OBJECTION TO PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AS FILED: PAGE 3 of 5 seq' and the Pennsylvania Fair Credit Extension Uniformity Act being 73 P.S. 2270.4 et seq. (d) It is therefore wrongful for M&M to pretend to the Court and to the Defendant that they are "authorized" to bring this action when it is a clear violation of Federal and State law for them to do so. M&M lack standing to bring the action. (e)These are not "scandalous and impertinent" contents of the pleading in question on the ground that these statements are clearly alleged and remain unrebutted and uncountered by M&M. 5. At paragraph Eight of the M&MPO, M&M once again ignore the terms of Pa.R.Civ.P. 1033 permitting a Motion for Leave to Amend. (a) M&M fail to identify to the court what they regard as "non- existent rights". (b) The logical extension of what M&M suggests in its paragraph Eight of the M&MPO is that Defendant: is impeding justice by insisting that M&M obey the statutes of the United States and the Commonwealth of Pennsylvania. (c) Defendant's response to this averment by M&M is that the law governs to preclude the action by M&M in this court. 6. At paragraph Nine of the M&MPO, the general nature of the denials by M&M are subject to the terms of Pa.R.Civ.P. 1029(b) and must be taken as admissions that: (a) M&M is acting in this matter as a Debt Collector who is governed by the Federal Fair Debt Collection Practices Act being 15 USCA 1692 et seq and the Pennsylvania Fair Credit Extension Uniformity Act being 73 P.S. 2270.4 et seq. (b) M&M is without legal standing to bring this action. 1. ` See Fair Debt Collection Practices Act 15 USCA 1692(i) (b) which states: "Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors." DEFENDANT MICHAEL PAOLETTA'S PRELIMINARY OBJECTION TO PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AS FILED: PAGE 4 of 5 Wherefore, based on Molica &Murray's lack of legal standing to prosecute this cause of action under the laws of the United States and of this Commonwealth, the Defendant respectfully moves this honorable Court to 1. Enter an Order making the Rule to Show Cause on Plaintiff Absolute so as to allow the amendment of the Defend'ant's pro se Answer by Leave of Court and the adoption of Defendant's Motion to Amend as such Preliminary Objection in the interest of Justice; and 2. Dismiss the Plaintiffs complaint with prejudice for its failure to state a proper claim upon which relief shall be granted under the laws of this Commonwealth.2 3. That the Defendant be allowed to tax his reasonable costs of this litigation, and attorneys fees; and 4. For such further relief that this honorable Court deems just and proper - .-Yn9p-the, laws of this Commonwealth3, and this United States.4 Su David S. Brady, Attorney PA. ID # 35928 C Attorney for Defendant Phone (717) 303-2080 4 Central Blvd Camp Hill, PA 17011 Dated:. C 1- / 0 2 1 0 2 Pursuant to Pa R.C.P. 1512 NonSuit: The court may enter a nonsuit against the plaintiff under the same circumstances, subject to review in the same manner and with the same effect as in actions at law. 3 Title 73 P.S. chapter 42, section 2270.5. Enforcement and penalties (a), Unfair trade practices.--If a debt collector or creditor engages in an unfair or deceptive debt collection act or practice under this act, it shall constitute a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law 4 Title 15 USCA Fair Debt Collection Practices Act DEFENDANT MICHAEL PAOLETTA'S PRELIMINARY OBJECTION TO PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AS FILED: PAGE 5 of 5 CERTIFICATE OF SERVICE Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address indicated a copy of Defendant's Preliminary Objection to Plaintiff's Preliminary Objection to Defendant's Preliminary Objection to the Complaint as filed in the above captioned matter by mail by depositing same in a receptacle for the pick-up by the U.S. Postal Service, first class postage prepaid. Michelle D. Smith, Esquire Mollica & Murray 450 Trimont Plaza 1305 Grvew Avenue itts ur h, PA I52M David S. Brady, Dated: ?? Q 2 61LV,j/3 /C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. MICHAEL L. PAOLETTA, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 CIVIL DIVISION No. OA - 1#73;, TYPE OF PLEADING- Complaint TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 I DEFENDANT'S EXHIBIT 1 THIS IS AN ATTEMPT TO COLLECT M E PY" FROM RECORD A DEBT AND ANY INFORMATION S 1""Wy whwwfy I two G set my bxw OBTAINED WILL BE USED FOR Said C at ?"' ft. THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief' requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FEND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 - 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. CIV_ IL DIVISION No. MICHAEL L. PAOLETTA, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by its Attorneys, Mollica & Murray, with its Civil Action Complaint, the following of which is a statement thereof : 1. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania with its principal office situate at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff". 2. MICHAEL L. PAOLETTA is an adult individual residing at 1771 South Meadow Drive, Mechanicsburg, PA 17055. 3. On or about July 14, 2000, Defendant entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Agreement with Defendant, Plaintiff advanced funds to the Defendant. rA S IS AN ATTEMPT TO COLLECT DEB T AND ANY INFORMATION S. Defendant is in default under the terms and -conditions of the aforementioned Agreement for failin Payments when due` with the last 9 to make payment having been made on or abut January 11, 2001. 6. Pursuant to the terms of the Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of Five Thousand Nine Hundred Forty Four and 69/100 ($5,944.69) Dollars as of February 2\ , 2002. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8• Pursuant to the Agreement, :Plaintiff is entitled to recover costs of collection and reasonable! attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Five Thousand Nine Hundred Forty Four and 69/100 ($5,944.69) Dollars, with interest thereon at the rate of 23.99% from February 27, 2002, plus court costs and attorneys' fees. Respectfully submitted, MOLLICA & MURRAy By' CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 THlS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION MOLLI A & M RAY ATTORNEYS AT LAW 450 TRIMONT PLAZA 1505 ORANDVIEW AVENUE prffSgUROK, pBNNSXLVANIA 15211 TIMSP OM (412) SSI-7000 M1CH LLR D. sMM DIRECT DIAL (ots) x90.7010 F,oDNI? ..wit"moineannwray-Cos March 5, 2002 VIA 0MIMCATE QF Michael L. Peoletta 1771 South Meadow Drive Mechanicsburg, PA 17055 Re: Account Number 7133-0300-1024-86 Dear Mr. Paoleo. Household Finance Consumer Discunt Company has retained d owed it with regard to the above account. Please be advised of the proceedings may be filed against you thirty days from the date of this t resolved during this time. If you have any questions or wish to discu Please coutaot Diane Rmllski with our office at (412) 390-7020. Very truly yours, I)V6440VA MICHELLE D. SMITH! Enclosure TNIG Is AN A'tTEMrT To COLLECT A OnT &NO ANY INFONNIATION OBTAINED WILL N usao FOR TMAT lougem, IIACSIMILR (412) $91.7111 firm to collect monies )closed notice. Legal Ice if this matter is not resolving this matter, DEFENDANT'S EXHIBIT 2 TO: Michael L, PAOletta 1771 South Mbadow Drive Mechemicsbur&, PA 17055 IN ACCORDANCE WITH THE FAIR DEBT COLLECTIl 15 U,S.C.S SECTION 1692& YOU ARE HEREBY NOTIFIED (1) AMOUNT OF DEBT: $5,968.45 (2) NAME OF CREDITOR: Kousehold Fimtm FOLLOWS: ACT, Dbmt Company (3) UNLESS YOU, wrmiN THIRTY (30) DAYS AFTER OF THIS NOTICE, DISPUTE THE VALIDITY OF THIS DEBT, ANY PORTION THBREOF, THE DEBT WILL BE ASSUMED TO BE V BY THE DEBT COLLECTOR ATTORNEY. (4) IN THE EVENT THAT YOU NOTIFY TIME DEBT CC IN WRITING WITHIN THE THIRTY (30) DAY PERIOD ANY PORTION THEREOF, IS DISPUTED, THE DEBT CO WILL OBTAIN AND MAIL TO YOU A VERIFICATION COPY OF THE JUDGMENT AGAINST YOU. (5) UPON YOUR WRITTEN REQUEST WITHIN THE PERIOD, THE DEBT COLLECTOR ATTORNEY WILL PRI NAME AND ADDRESS OF THE ORIGINAL CREDITOR, THE CURRENT CREDITOR. DATED: March s, 2002 THIS IS AN ATTWFT TO COMACT A DST AND ANY INFORMATION I THAT MAINQO WALL N UN D POR .¦. DEFENDANT9S EXHIBIT 2 PAGE 2 IF CTOR ATTORNEY ,T THE DEBT, OR CTOR ATTORNEY THE DEBT OR A [RTY (30) DAY YOU WITH THE lWNT FROM NON- NEGOTIABLE NOTICE. FROM: Michael Lynn Paoletta 1771 South Meadow Drive Mechanicsburg, Pa. 17055 Certified Mail # )060 RE: 713303-10-116657-3 DATE: November 30, 2001 1b: HOUSEHOLD BANK PAUL GUYER 841 SEAHAWK CIRCLE VIRGINIA BEACH VA. 23452 15-30 Govt,f ,v/Y, ?4,j ? NON-NEGOTIABLE, NON-TRANSFERABLE Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt RE: MICHAEL. L. PAOLETTA/ Card number 713303-10-1 W67-3 Pursuant to the Fair Debt Collodion Practices Act, 15 U.S.C. 1601.1692 et. wq,_ this constitutes timely written notice that I dispute the entire amount of the alleged loan and that I decline to pay the attached erroneous purported debt Notice which is unsigned and unattested and which I discharge and cancel in its entirety, without dishonor, on the grounds of breach of contract, false representation, and fraud in the inducement. 1513.S.C. 1692 (e) states that a "false, deceptive, and misleading representation, in connection with the collection of anv debt," includes the false representation of the character or legal status of any debt and feather makes a threat to take any action that cannot legally be taken a deceptive practice. Such Notice omits information, which should have been disclosed, such as vital citations, disclosing the agency's jurisdictional and statutory authority. Said Notice fin1 her contains false, deceptive and misleading representations, and allegations intended to intentionally pervert the truth for the purpose of inducing one, in reliance upon such, to part with property belonging to them and to surrender certain substantive legal and statutory rights. To act upon this Notice would divest one of his/her property and their prerogative rights resulting m a legal injury. Pursuant to 15 U. S.C. 1692(g)(4) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this debt, this is a demand that, within thirty (30) days, you provide such validation and supporting evidence to substantiate your claim. Until the requirements of the Fair Dam Collection Practices Act have been met and your claim is validated, you have no jurisdicdon to continue any collection activities. DEF'ENDANT'S EXHIBIT 3 9. According to the bank's bookkeeping entries, if the bank paid its debt associated with granting loans, could it pay the debt the borrower owes the bank? 10. According to the bank's policy, did the Borrower pro vide the bank with an asset, and the bank returned the value of that back to the same Borrower calling it a loan? 11. According to the bank's policy, does the bank act like a moneychanger, receiving an asset from the Borrower and returning the value of the asset back to the same Borrower and charging as if there was a loan? 12. What are all of the bookkeeping entries related to and associated with the bank transactions for these accounts? 13. According to the written agreement, was the Borrower to loan anything to the bank? 14. According to the written agreement, was the Borrower to give the bank anything of value of which the bank liabilities increased by the amount of Ahat the bank received? 15. According to your understanding according to the written agreement, was there to be an exchange of equal value for equal value between the bank and the Borrower? 16. How can the bank's liabilities increase by the amount -of the loan if they did not receive a deposit or a loan or an exchange from the Borrower? 17. If the bank is complying with the Federal Reserve Bank's policies and procedures when issuing credit and charging interest, is the Borrower's transaction account credited for the same amount borrowed, and is that the matching liability for the amount that is debited to the bank's asset account? (Federal Reserve Bank of Chicago, Modern Money Mechanics, p.6, and Two Faces of Debt, pp. 17-19). 18. If "A deposit created through lending is a debt that has to be paid on the demand of the depositor, just the same as the debt arising from a customer's deposit of checks or currency in the bank." (Federal Reserve bank of Chicago, Two Faces of Debt, p.19), does that mean that the bank owes the Borrower for the deposits made in connection with loan transactions? 19. When granting loans, if the bank's liabilities did not increase, would the bank be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modern Money Mechanics,p.6, and Two Faces of Debtpp. 17-19.) 20. If the bank does not repay "a deposit created through lending", would it be in violation of the Federal Reserve Bank's policies and procedures? (Federal Reserve Bank of Chicago, Modem Money Mechanics,p.6, and Two Faces of Debt,pp.17-19) 21. When a loan is not repaid, is the one who funded the login damaged? 22. When the bank does not repay upon demand the deposit made by the Borrower, does it show that the policy and intent of the bank is to deny equal protection of the law and credit to the Borrower? r; 23. When the bank does not reveal the substance of the form of the loan agreement to the Borrower, does it show that the policy and intent of the bank is to deny full disclosure of the terms of the agreement to the Borrower? f e 24. Do the Generally Accepted Accounting Principals (GAAP), the Generally Accepted Accounting Standards(GAAS), the Audit Reports, the Auditor's Working Papers, the Call Reports, and the bank's financial statements (that are related to and associated with the loan transaction) reveal the substance of the loan agreement? 25. If the substance of the loan agreement does not match the written form of the agreement, does it significantly change the cost and the risk of the written agreement? 26. Is full disclosure of material facts essential to a valid contract in order to have mutual agreement? 27. In your opinion, is it material or important to know which party is to fund the loan in order to know who is damaged if the loan is not repaid? 28. In your opinion, do you believe the Borrower intended to provide the consideration to fund the loan? 29. If the bank did not risk any of its assets at the time regarding the written agreement, was this material fact ever disclosed to the Borrower? 30. In your opinion, if "An unconscionable bargain or contract is one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other... [It is] Arsually held to be void as against public policy." (Black's Law Dictionary, 6th Edition), would a loan agreement that takes the Borrower's assets as the funding for a loan back to the Borrower, and then requires that the Borrower to pay back that loan with interest to a third party, and then does not :require the repayment of the Borrower's funds back to the Borrower, be an agreement that is unconscionable? 31. According to your understanding of the alleged agreement, if the Borrawer was to provide the funds for the loans for the bank, would the alleged agreement, in your opinion, be unconscionable as defined in Black's Law Dictionary? 32. In your opinion, if a signature is "the act of putting one's name at the egad of an instrument to attest to its validity" (Black's Law Dictionary, 6th Edition), then could that signature be valid if the instrument itself is an unconscionable bargain or contract? 33. Do you have personal knowledge that the bank provided full disclosure of all of the terms of the agreement? 34. D you have personal knowledge that the bank disclosed to the Borrower the Federal Reserve Policies and Procedures and the Generally Accepted Accounting Principles (GAAP) requirements imposed upon all Federally-insured (FDIC) banks in Title 12 of the United States Code, section 1831n(a), that prohibit them from lending their own money from their own assets, or from other depositors? Was it disclosed where the money was coming from? 35. Do you have personal knowledge that the bank disclosed that the contract the Borrower signed (the promissory note) was going to be converted into a `negotiable instrument' by the bank and become an asset on the bank's accounting books? Did the bank disclose this information to the Borrower and that the signature on that note made it `money', according to the Uniform Commercial Code (UCC), sections 1-201.(24) and 3-1041 36. Do you have personal knowledge that the bank disclosed that the Borrower's contract or ?•MF~• F?? Promissory note (money) would be taken, recorded as an asset of the bank, without `valuable consideration' given to obtain the note? 37. Do you have personal knowledge that the bank gave the Borrower a deposit slip as a receipt for the money the Borrower gave them, just as a bank would normally provide when making a deposit to a bank? 38. Since, pursuant to UCC 3-308, the burden of proof is on the party claiming under the signature, do you have personal knowledge of the validity of the signature if it is denied in the pleadings based on answers to above questions? 39. I Since, pursuant to UCC 3-602(b)(2), the obligation of a party to pay an instrument is NOT discharged if the person making the payment knows that the instrument is stolen, do you have personal knowledge that the instrument is or is NOT stolen? You should be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law_ You may wish to consult with a competent legal advisor before your next communication with me. Your failure to respond on-point within thirty (30) days to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and legal fees. I, Mchael Lynn Paoletta, am the Secured Party Creditor and any communications sent to debtor MICHAEL L PAOLETTA without the express written consent of Secured Party Creditor, Michael Lynn Paoletta will bring criminal charges against all those involved unless communications involve answering an affidavit. NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Sincerely, 0 ttcomplete Itattts 1, 2, and 3. oleo comply ¦ Print yours on the ?em I that we can return the card to M. X a card to the back of the maijoiaow Or an ? rs - - - PS Form 38! !, .lu+y Ing DOMepk fttum psostpt 15.2 3 Swios Type o uj2??n?? ,?Pf?C? !fi¢• ° CwUred A40 f C7 awstaw E"pn" MW a 3Y`l arY? Dirk ° "ReftptforM, „ 0 Complete . ` Print your nan B. Deft of t?eitnwq so that we Ce ¦ attach this ca III or on thetroff 70 Q1l-?1,?t,3p t. Amide AddMIOjed 130131 0192 916 O WOM lam 1? 0 Y4* If YES, enter ?f? ? , ? • . r 0"0" below: Onto tb S ?G? 3. Servbi type 13 cww ma Ct 0 ipte.? ?`^' i - ,-, . _ Fi•Wrn for Uwr4b".&._ - x. Arade ftolba fCW horn service = 0 red awl O C.o.c?. r?d taelhreryg t>? rw+1 n CERTIFIED MAII RECEIPT M V7?14`fN?i ". . -a L , it ru f steg. a tr- . M y k /a ra ? PAquirs4i Hestrfdad C3 - . , co) iLK C3 Taw Post"* s F"' $ m ??1 v -4 r o f Poo/90 ( U, C3 Chi"iwe r-._ / r 7 -7--- A - -T- 1 ?b r;? f" .ra, 'C` ?:? _ _ `,,? . - ? _ ?? __ -.? ? - - - - - i ' ?? ?? ?.1 ? _ ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 02-1732 Civil Term Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 TYPE OF PLEADING: Answer of Household Finance Consumer Discount Company ("Household") to "Preliminary Objections to Mollica & Murray's Preliminary Objections to Defendant's Preliminary Objection to Complaint" TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. MICHAEL L. PAOLETTA, Defendant. CIVIL DIVISION No. 02-1732 Civil Term ANSWER OF HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY ("HOUSEHOLD") TO "PRELIMINARY OBJECTIONS TO MOLLICA & MURRAY'S PRELIMINARY OBJECTIONS TO DEFENDANT'S PRELIMINARY OBJECTION TO COMPLAINT" And Now, Household Finance Consumer Discount Company, through its attorneys Mollica & Murray, files the following Answer: Denied. This paragraph states legal conclusions to which no response is required. 2. Admitted and Denied. It is admitted that defendant moved to amend his pro se answer and filed a motion and proposed preliminary objections. It is denied that he properly filed preliminary objections since he had no legal right to do so absent leave of court or Household's consent. As to the exact date that these filings were made, the docket speaks for itself, and Household believes such filing was made in February, 2003. 3. Admitted. 4. Admitted and denied. This paragraph states legal conclusions to which no response is required. (a) It is admitted that defendant's original answer was filed when defendant was unrepresented by counsel, which was defendant's choice. It is denied that the defendant's subsequent filing of preliminary objections was, therefore, proper, as defendant never obtained leave of court to amend, and such amendment would be improper as it would prejudice Household by forcing it to defend against allegations that are without legal or factual basis. (b) It is denied that the Preliminary Objections filed by Household failed to identify what they regard as scandalous and impertinent matter. That filing speaks for itself. Household's preliminary objections make clear that defendant's filing was wrongful because it accused a non-party (Household's law firm) of wrongdoing without any legal or factual basis, and because it sought to dismiss this action without any legal basis (e.g., solely because Household's attorneys may be "debt collectors" under the Fair Debt Collection Practices Act ("FDCPA")). (c) Denied. This paragraph states legal conclusions to which no response is required. To the extent a response is required, whether Mollica & Murray is a "debt collector" under the FDCPA or the Pennsylvania Fair Credit Extension Uniformity Act is immaterial since even if it were, this action nevertheless is proper. The FDCPA does not preclude Mollica & Murray from bringing this action on behalf of Household, even if Mollica & Murray is a "debt collector" as defined by the FDCPA. Moreover, under the Pennsylvania Act, a "Debt collector," the Act plainly states, includes "[a]n attorney, whenever such attorney attempts to collect a debt, ... except in connection with the filing or the service of pleadings or discovery or the prosecution of a lawsuit to reduce 2 a debt tojudgment." 73 P.S. §2270.3 (definition of "Debt collector")(emphasis added). Therefore, under the Pennsylvania Act, Mollica & Murray is not even a "debt collector" where, as here, it is litigating to reduce a debt to judgment. (d) Denied. This paragraph states legal conclusions to which no response is required. (e) Denied. This paragraph states legal conclusions to which no response is required. By way of further response, Household has continuously "rebutted" and "countered" the arguments raised by defendant as being without any basis in law or in fact. Household's other filings in this action speak for themselves. 5. Denied. This paragraph states legal conclusions to which no response is required. (a) Denied. Household's filing speaks for itself. In addition, Household clearly identified in its paragraphs 2-3 of its "Answer to Motion for Leave to Withdraw Defendant's Pro Se Answer, Or in the Alternative Preliminary Objections to Defendant's Preliminary Objections" that the "rights" invoked by defendant in the corresponding numbered paragraphs of his "Motion for Leave to Withdraw Defendant's Pre Se Answer and Filing of Preliminary Objections Contained Herein as an Amended Pleading" were, in fact, non-existent. Among other things, defendant claimed that this litigation was in contravention of the laws of the United States and of Pennsylvania because Mollica & Murray supposedly is a "debt collector" as defined by federal and state law; in addition, it alleged that Mollica & Murray supposedly are perpetrating a fraud and have no "standing" to withhold consent to defendant to amend. 3 (b) Denied. This paragraph states legal conclusions to which no response is required. By way of further response, defendant is impeding the orderly administration of justice by inventing non-existent "rights" contrary to settled law. (c) Denied. This paragraph states legal conclusions to which no response is required. 6. Denied. This paragraph states legal conclusions to which no response is required. (a) Denied. This paragraph states legal conclusions to which no response is required. (b) Denied. This paragraph states legal conclusions to which no response is required. WHEREFORE, defendant's Preliminary Objections to Plaintiff's Preliminary Objection in Answer to defendant's Motion should be overruled, and costs and reasonable attorney's fees should be granted to Plaintiff for the defense of defendant's frivolous pleading. Respectfully submitted, MOLLICA & MURRAY By. Y CAT ROMESQ. ANN XCI- PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 02-1732 Civil Term Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. ORDER OF COURT AND NOW, this day of , 2003, Defendant's Preliminary Objections to Plaintiff's Preliminary Objection in Answer to Defendant's Motion is hereby overruled. Defendant's motion to amend (by filing preliminary objections) is denied. Defendant shall pay Plaintiff attorney's fees and costs of defending against this filing in the sum of $ BY THE COURT: J. CERTIFICATE OF SERVICE I, Michelle D. Smith, Esquire, counsel for Household Finance Consumer Discount Company hereby certify that a true and correct copy of Answer of Household Finance Consumer Discount Company ("Household") to "Preliminary Objections to Mollica & Murray's Preliminary Objections to Defendant's Preliminary Objection to Complaint" was served upon the following by First Class Mail, postage prepaid on this 21 st day of April, 2003: David S. Brady, Esquire 4 Central Boulevard Camp Hill, PA 17011 IJ I bil t--- Michelle D. Smith, Esquire ?? } ? ,. ,? ? t; ? _ '?'- f ?.. .. ?1`r - _.-. --j '' :J ?,'? C__ ?' : t J ?-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, CIVIL DIVISION No. 02-1732 Civil Term TYPE OF PLEADING: VS. MICHAEL L. PAOLETTA, Defendant. Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1771 South Meadow Drive Mechanicsburg, PA 17055 Answer of Household Finance Consumer Discount Company ("Household") to "Motion to Make the Rule to Show Cause Against Plaintiff Absolute" TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVH, DIVISION DISCOUNT COMPANY, No. 02-1732 Civil Term Plaintiff, VS. MICHAEL L. PAOLETTA, Defendant. ANSWER OF HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY ("HOUSEHOLD") TO "MOTION TO MAKE THE RULE TO SHOW CAUSE AGAINST PLAINTIFF ABSOLUTE" And Now, Household Finance Consumer Discount Company, through its attorneys Mollica & Murray, files the following Answer: 1. Admitted and Denied. It is admitted that defendant moved to amend his pro se answer and filed a motion and proposed preliminary objections. It is denied that he properly filed preliminary objections since he had no legal right to do so absent leave of court or Household's consent. As to the exact date that these filings were made, the docket speaks for itself, and Household believes such filing was made in February, 2003. 2. Admitted. 3. Admitted and denied. Plaintiff's filing, which is incorrectly named by defendant, was on March 24, 2003. That filing and docket in this matter speak for themselves. 4. Admitted. 5. Denied. That filing speaks for itself. On the contrary, defendant has filed numerous documents with this Court in an attempt to amend his Answer 1 (by filing preliminary objections which, if granted, would have the effect of dismissing this action) but in none of them has he provided any legal authority for holding that this action was wrongful merely because Plaintiff's lawyers may be "debt collectors" as defined by federal law. 6. Denied. This precatory paragraph requires no response. 7. Denied. This precatory paragraph requires no response. By way of further response, establishing a briefing schedule and further delaying resolution of this matter would impede the efficient administration of justice since defendant is unable to provide any legal or factual basis for the relief his preliminary objections would seek. 8. Denied. The Plaintiff's "Answer to Motion for Leave to Withdraw Defendant's Pro Se Answer, Or in the Alternative Preliminary Objections to Defendant's Preliminary Objections" speaks for itself. Moreover, it makes no difference whether Mollica & Murray are "debt collectors". This action is proper in any event. In addition, the averment that Mollica & Murray are "debt collectors" under Federal or state law constitutes a legal conclusion to which no response was required. Further, defendant posited that Mollica & Murray were "debt collectors" without verification, in violation of Pa.R.C.P. 1024. Therefore, Household had no duty to deny this averment, and it was denied automatically. Pa.R.C.P. 1029(d). 9. Denied. The averments of this paragraph state legal conclusions to which no response is required. To the extent a response is required, Defendant cites the Fair Debt Collection Practices Act ("FDCPA") out of context. In 15 U.S.C. § 16921, entitled "Legal actions by debt collectors", the FDCPA mandates that legal actions brought by 2 "[aJny debt collector" (emphasis added) must be brought in the judicial district where real property securing the obligation is located, where the consumer resides, or where the consumer signed the contract. Thus, this section unquestionably recognizes that debt collectors may bring legal actions. Section 1692i then adds that "[n]othing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors." 15 U.S.C. § 1692i(b). Obviously this last sentence was intended to make clear that Section 16921 does not authorize debt collectors to bring an otherwise improper legal action. But defendant cites this sentence out of context to maintain that the FDCPA precludes actions by debt collectors, without bothering to explain that the remainder of that very section shows the diametric opposite. In any event, Mollica & Murray did not bring this action; it was brought by Mollica & Murray on behalf of Household, the creditor and real party in interest. 10. Denied. The averments of Paragraph 9 of this Answer are incorporated by reference. In addition, Plainti s attorneys are not pursuing this action, Plainy is. Plaintiff is the real party in interest and has standing to pursue this action. In contrast, the doctrine of "standing" has no application to Plaintiffs attorneys. 11. Denied. The averments of Paragraph 9 of this Answer, and Plaintiff s Brief filed with this Answer, are incorporated by reference. 12. Denied. The averments of this Paragraph state legal conclusions to which no response is required. In addition, the Plaintiffs "Answer to Motion for Leave to Withdraw Defendant's Pro Se Answer, Or in the Alternative Preliminary Objections to Defendant's Preliminary Objections" speaks for itself. 3 13. Denied. Plaintiff's "Answer to Motion for Leave to Withdraw Defendant's Pro Se Answer, Or in the Alternative Preliminary Objections to Defendant's Preliminary Objections" speaks for itself. Plaintiff never denied that amendments are proper with leave of court. 14. Denied. The averments of this Paragraph state legal conclusions to which no response is required. Since defendant filed an Answer almost one full year ago, Defendant has no right to file preliminary objections without leave of court as permitted by Pa.R.C.P. 1033. 15. Denied. The averments of this paragraph state legal conclusions to which no response is required. By way of further response, the averments of Plaintiff's Brief accompanying this Motion are incorporated by reference. 16. Denied. The averments of this paragraph state legal conclusions to which no response is required. The March 5, 2002 filings by Plaintiff in this Court speak for themselves. Further, even if Mollica & Murray is a "debt collector" as defined by federal law, this makes no difference. Further, Mollica & Murray is not acting as a "debt collector" under Pennsylvania law. By way of further response, the averments of Plaintiff's Brief accompanying this Motion are incorporated by reference. 17. Denied. The March 5 notice does not state this, and its terms speak for themselves. 18. Denied. The November 30, 2001 document speaks for itself. In addition, the stamp on the March 5, 2002 letter from Mollica & Murray speaks for itself, and the characterization that this means Mollica & Murray acted as a "debt collector" is a legal conclusion to which no response is required. 4 19. Denied. This explanatory paragraph requires no response. WHEREFORE, defendant's Motion to Make Rule to Show Cause on Plaintiff Absolute Accepting Defendant's Preliminary Objection to Complaint as Filed should be denied, and costs and reasonable attorney's fees should be granted to Plaintiff for the defense of defendant's frivolous pleading. Respectfully submitted, MOLLICA & MURRAY By: JP ' / CAT ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. MICHAEL L. PAOLETTA, Defendant. CIVIL DIVISION No. 02-1732 Civil Term ORDER OF COURT AND NOW, this day of , 2003, Defendant's Motion to Make Rule to Show Cause on Plaintiff Absolute Accepting Defendant's Preliminary Objection to Complaint as Filed is hereby DENIED. Defendant shall pay Plaintiff attorney's fees and costs of defending against this filing in the sum of BY THE COURT: J. CERTIFICATE OF SERVICE I, Michelle D. Smith, Esquire, counsel for Household Finance Consumer Discount Company hereby certify that a true and correct copy of Answer of Household Finance Consumer Discount Company ("Household") to "Motion to Make the Rule to Show Cause Against Plaintiff Absolute" was served upon the following by First Class Mail, postage prepaid on this 21 st day of April, 2003: David S. Brady, Esquire 4 Central Boulevard Camp Hill, PA 17011 Michelle D. Smith, Esquire (_7 - . ?_ w::.. i -: C.!. f i': ? , - --> i ? - _ ?_ z- - ?,?" _ T? __ _ .. ., ?4_?l t' 4• ? i' ??{ . _ . _t DEFENDANT MICHAEL PAOLETTA'S AFFIDAVIT IN SUPPORT OF DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 1 of 4 David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, 1160070 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW Docket Number 02- 1732 Civil Term vs. MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 DEFENDANT'S AFFIDAVIT VERIFYING THE CONTENTS OF HIS MOTION TO MAKE SHOW CAUSE RULE ABSOLUTE GRANTING LEAVE TO AMEND PRO SE ANSWER AND FILING OF PRELIMINARY OBJECTION CONTAINED THEREIN Defendant COUNSEL OF RECORD: CATHY A. CHROMULAK, ESQ. PA ID NO. 42067 DEFENDANT MICHAEL PAOLETTA'S AFFIDAVIT IN SUPPORT OF DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 2 of 4 MICHELLE D. SMITH, ESQ. PAID NO. 74800 MOLLICA & MURRAY Firm #952 ALPHA LEGAL SERVICES DAVID S. BRADY, ATTORNEY PA. ID NO. 35928 DEFENDANT'S AFFIDAVIT IN SUPPORT OF HIS MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT NOW COMES Defendant Michael L. Paoletta and deposes and says as follows: 1. He is an adult individual of sound mind and competent to testify in this matter. 2. He has reviewed the contents of the Motion to Make the Rule Absolute issued by the Court on Plaintiff, accepting Defendant's Preliminary Objections to the Complaint as filed including the Exhibits to the Motion and Brief filed ; and DEFENDANT MICHAEL PAOLETTA'S AFFIDAVIT IN SUPPORT OF DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 3 of 4 3. He has reviewed each of the pleadings, Exhibits and Briefs filed in his behalf by his Counsel in this matter including the original Motion to Amend his pro se Answer; and 4. He certifies that the matters referred to in such pleadings insofar as he has personal knowledge of Notices, averments of fact, Exhibits and pronouncements of Mollica & Murray and as to averments of factual occurrences, the same are true and correct to the best of his knowledge, information and belief; and 5. He certifies that he gave Notice to Household Finance Company that the alleged debt referred to in the Complaint herein is disputed and demanded of them to validate the debt within the meaning of the Fair Debt Collection Practices Act on November 30, 2001 by certified mail no. 7099 3400 0017 8607 0140; and 6. Household Finance Corporation failed to answer, object, rebut, refute or otherwise respond to such demand. Further your deponent s 'th not. Michael L. Paoletta, deponent Dated: S " 0 DEFENDANT MICHAEL PAOLETTA'S AFFIDAVIT IN SUPPORT OF DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 4 of 4 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OFOU rn b-tOa nd SS 1 On this, the 1 day of 200f, before me, a Notary Public, the undersigned officer, personally appeared Michael L. Paoletta known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged under oath that he executed the same for the purposes therein contained . IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,6 NOTARIAL SEAL BARBARA STUMP, Notary Public Notary Public Camp Hill Boro, Cumberland County My Commission E commission Expires Nov. 12, 2006 CERTIFICATE OF SERVICE Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address indicated a copy of Defendant's Affidavit in Support of his Motion to Make the Rule to Show Cause upon Plaintiff Absolute, holding Defendant's Preliminary Objections as filed to the Complaint as is proper under Pa.R.Civ.P. 1033 and/or dismissing the Complaint in the above captioned matter by mail by depositing same in a receptacle for the pick-up by the U.S. Postal Service, first class postage prepaid. Michelle D. Smith, Esquire Mollica & Murray 450 Trimont Plaza P 3dvie ve e PA 5211 0 , David S. Brady 'Dated: Math 1, 2003 ?? {_ .? ??^-?-- ? ? t f"T E ?`' t - S' ...... ; ('. t?:. ?) C? __ ?' r}_'_ i DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY i BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 1 of 16 David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 (717) 303-2080 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, 1160070 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW : Docket Number 02- 1732 Civil Term vs. MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 DEFENDANT'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF ON MOTION TO MAKE SHOW CAUSE RULE ABSOLUTE GRANTING LEAVE TO AMEND PRO SE ANSWER AND FILING OF PRELIMINARY OBJECTION CONTAINED THEREIN Defendant COUNSEL OF RECORD: : CATHY A. CHROMULAK, ESQ. DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 2 of 16 PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PAID NO. 74800 MOLLICA & MURRAY Firm #952 ALPHA LEGAL SERVICES DAVID S. BRADY, ATTORNEY PA. ID NO. 35928 DEFENDANT'S REPLY BRIEF IN SUPPORT OF HIS MOTION TO MAKE RULE TO SHOW CAUSE ON PLAINTIFF ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT NOW COMES Defendant Michael L. Paoletta by and through his Attorney David S. Brady and files his Reply Brief to Mollica & Murray's Brief in Opposition to Defendant's Motion to Make the Rule to Show Cause issued by the Court on Plaintiff, Absolute, accepting Defendant's Preliminary Objections to the Complaint as filed and to either Order proceedings on Defendant's Preliminary Objections or to Grant the Preliminary Objections and Dsimiss the Complaint and says as follows: FACTS: DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 3 of 16 1. The Defendant moved to Amend his pro se Answer, combining the Motion with his proposed Preliminary Objections to the Complaint in this case on March 5, 2003. 2. The Court issued a Rule to Show Cause upon Plaintiff to show cause why Defendant's Motion should not be granted for the filing of the Preliminary Objections contained in Defendant's Motion to Amend pro se Answer on March 10, 2003. 3. On March 21St Plaintiff filed an Answer to the Motion for Leave to withdraw Defendant's pro se Answer and file Preliminary Objections to the Complaint, as a purported Answer to the Rule to Show Cause. 4. Plaintiff's Answer to Defendant's Motion also contained Preliminary Objections to the Defendant's Preliminary Objections to the Complaint. 5. On April 2, 2003, Defendant moved to make the Rule to Show Cause on Plaintiff Absolute on the ground that the Answer filed by DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 4 of 16 Mollica & Murray, the Debt Collector Attorney, failed to meet its burden to show cause why Defendant's Motion to Amend should not be granted by the court. 6. Also on April 2, contemporaneous with the filing of his Brief by Defendant, Defendant filed with the court Preliminary Objections to the Preliminary Objections of M&M to Defendant's Motion for Leave to Amend his pro se Answer. 7. On April 21, 2003 M&M filed a Brief in Opposition to Defendant's Motion to Make the Rule Absolute, an Answer to Defendant's Preliminary Objections to M&M's Preliminary Objections to Defendant's Preliminary Objections to Complaint; and an Answer of Household Finance Company [hereinafter "HFC"] to Make the Rule to Show Cause against Plaintiff Absolute. 8. This Reply Brief is submitted to substantiate the errors in reasoning and interpretation made by M&.M in its Brief and Answers regarding the Federal Debt Collection Practices Act and the Pennsylvania statute on the subject of debt collection DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 5 of 16 ISSUE: Whether the Mollica & Murray law firm, acting as a self identified "Attorney Debt Collector" is barred from maintaining an action to collect a debt under the Federal Fair Debt Collection Practices Act Title 15 USCA 1692 et seq. Defendant Answers yes, M&M is so barred. ARGUMENT: All previous pleadings are incorporated herein as if filed with this Brief. Mollica & Murray have proclaimed themselves to Defendant as a Debt Collector: Mollica & Murray is a law firm regularly engaged in the business of debt collection and is therefore a debt collector as defined within both federal and state law. Exhibits filed by Defendant in this matter include M & M's own documents which clearly show that Mollica & Murray is an "Attorney Debt Collector". When acting as the debt collector within the meaning and terms of the FDCPA the Mollica & Murray law firm is a third party corporation in the business of DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 6 of 16 debt collection. They have declared themselves as debt collectors. As such they act in this case as if they are the creditor which they are not. It matters not that Mollica & Murray has duly licensed attorneys as employees. The attorneys filing documents in this case for the corporate law firm are not exempted from the Federal Fair Debt Collection Practices Act. Employees of Mollica & Murray are merely agents of the fictitious professional corporation, which is a corporation in the business of debt collection. Mollica & Murray through its employees Michelle Smith and Cathy Ann Chromulak are attempting to create a non-existent exemption to federal and state legislation . The United States Congress in its infinite wisdom sought to correct the misapprehension of lawyers acting as Debt Collectors as defined within the law, by eliminating the language in the Fair Debt Collection Practices Act which formerly exempted attorneys. The Pennsylvania legislature has followed the lead of the United States Congress by incorporating the Fair Debt Collection Practices Act into the Pennsylvania statutes as well as specifically identifying an attorney regularly engaged in the practice of debt collection as a debt collector subject to the Act as defined DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 7 of 16 Mollica & Murray does not deny their firm is a debt collector within the meaning of the State -and Federal Act although they do claim. they are exempted from the State Act. The reference in the State Act referring to Attorneys, exempt's only employees of the Creditor itself and not attorneys acting for a third party Debt Collector such as the law firm Mollica & Murray. Mollica & Murray would have this honorable Court believe that Household Finance Company is the true plaintiff, but prior established case law, Federal and State statute, and correspondence clearly identify Mollica & Murray to be the debt collector which law firm as such, lacks a capacity to bring this instant action. Furthermore, Mollica & Murray has failed to present a valid final adjudication from any of this Commonwealth's administrative agencies as is required for this Honorable Court to rule in its established judicial review capacity. Additionally, Mollica & Murray continues to seek the Court to admonish Defendant and his Counsel for a zealous and valid defense. Mollica & Murray continues to waste this honorable Court's precious time and resources with a completely fabricated, frivolous and invalid claim of exemption from the State and Federal Acts. DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 8 of 16 Mollica & Murray knew or should have known the firm is the Debt Collector pursuant to 15 USC 1692(a) when it initiated this instant action. Mollica & Murray knows or should have known it lacked the capacity to sue Defendant Michael Paoletta within this honorable Court. As evidenced by exhibits filed with Defendants Motion and Brief, Mollica & Murray admitted it is the debt collector. It is therefore a third party, lacking the capacity to sue Paoletta. Mollica & Murray is a Debt Collector and a law firm licensed in this Commonwealth of Pennsylvania'. Mollica & Murray seeks to dodge its own pleadings stating it is acting as a debt collector: M&M has failed to admit or deny the contents of a Notice sent to Defendant stating that it was acting as an "Attorney Debt Collector". Yet now in its Brief to the Court has claimed that Defendant's allegations were not verified and that therefore , its Notice to Defenant which identified itself as a "Debt Collector Attorney" in a Notice sent to Defendant dated March 5, 2002, that it still "may not" be a Debt Collector. That is a frivolous argument. The Complaint itself and other ' Reference Pennsylvania Rules of Professional Conduct; Preamble: A Lawyer's Responsibilities; "A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others." [extracted in pertinent part, emphasis added] DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 9 of 16 pleadings filed in this matter by M&M carry the legend right on the face of each page, "THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." Also M&M sent Defendant a Notice which was attached to Defendant's Motion as Exhibit 2, dated March 5, 2002. The cover letter carries the same legend as the face of the complaint relating to the status of M&M as Debt Collectors. Page 2 of that Exhibit 2 actually refers to M&M as "THE DEBT COLLECTOR ATTORNEY "2 Defendant had already notified Household Finance Company [hereinafter referred to as "HFC"] in November 2001 that the debt in question was disputed. A Copy of that Notice was delivered by Defendant to HFC and was attached to the Defendant's Brief on the Motion as Exhibit 3. Thereafter neither HFC nor M&M has supplied the verification required. Obviously, there was no judgment against Defendant in favor of HFC and there were no answers to the questions posed by Defendant in the Exhibit 3 Notice. 2 " IN THE EVENT THAT YOU NOTIFY THE DEBT COLLECTOR. ATTORNEY IN WRITING WITHIN THE THIRTY (30) DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, is DISPUTED, THE DEBT COLLECTOR ATTORNEY WILL OBTAIN AND MAIL TO YOU A VERIFICATION OF THE DEBT OR A COPY OF THE JUDGMENT AGAINST YOU." [Quoting the March 5, 2002 communication to Defendant by M&M.] DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 10 of 16 In the case of Heintz v. Jenkins C.A.7 (I11.) ( 1995) 115 S.Ct. 14897 514 U.S.'2911 131 L.Ed.2d 395 in an opinion delivered by Justice Breyer expressly stated: There are two rather strong reasons for believing that the Act applies to the litigating activities of lawyers. First, the Act defines the "debt collector[s]" to whom it applies as including those who "regularly collec[t] or attemp[t] to collect, directly or indirectly, [consumer] debts owed or due or asserted to be owed or due another." Section(s) 1692a(6). In ordinary English, a lawyer who regularly tries to obtain payment of consumer debts through legal proceedings is a lawyer who regularly "attempts" to "collect" those consumer debts. See, e.g., Black's Law Dictionary 263 (6th ed. 1990) ("To collect a debt or claim is to obtain payment or liquidation of it, either by personal solicitation or legal proceedings"). Second, in 1977, Congress enacted an earlier version of this statute, which contained an express exemption for lawyers. That exemption said that the term "debt collector" did not include "any attorney-at-law collecting a debt as an attorney on behalf of and in the name of a client." Pub. L. 95-109, Section(s) 803(6)(F), 91 Stat. 874, 875. In 1986, however, Congress repealed this exemption in its entirety, Pub. L. 99- 3611 100 Stat. 768, without creating a narrower, litigation-related, exemption to fill the void. Without more, then, one would think that Congress intended that lawyers be subject to the Act whenever they meet the general "debt collector" definition. For these reasons, we agree with the Seventh Circuit that the Act applies to attorneys who "regularly" engage in consumer-debt-collection activity, even when that activity consists of litigation. Its judgment is therefore Affirmed. DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 11 of 16 So the United States Supreme court enunciates the rule that law firms are regarded as "debt collectors" when they meet the definitions set forth in the Act. The Supreme Court further, rejected the language cited by M&M in its Brief to an Advisory Opinion of the Federal Trade Commission, claiming an exemption for attorneys. As to that FTC opinion, Justice Breyer stated explicitly that: We cannot give conclusive weight to this statement. The Commentary of which this statement is a part says that it "is not binding on the Commission or the public." Id., at 50101. More importantly, we find nothing either in the Act or elsewhere indicating that Congress intended to authorize the FTC to create this exception from the Act's coverage-an exception that, for the reasons we have set forth above, falls outside the range of reasonable interpretations of the Act's express language. See, e.g., Brown v. Gardner, 513 U. S. (1994) (slip op., at 6-8); see also Fox v. Citicorp Credit Servs., Inc., 15 F. 3d 1507, 1513 (CA9 1994) (FTC staffs statement conflicts with Act's plain language and is therefore not entitled to deference); Scott v. Jones, 964 F. 2d 3147 317 (CA41992) (same). The First Requirement of the Pennsylvania Debt Collection Law at 73 P.S. 2270.4 (a) is that "...IT SHALL CONSTITUTE AN UNFAIR OR DECEPTIVE DEBT COLLECTION ACT OR PRACTICE IF A DEBT COLLECTOR VIOLATES ANY OF THE PROVISIONS OF THE FEDERAL DEBT COLLECTION PRACTICES ACT AT 15 U.S.C. 1692 et seq ." DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 12 of 16 Turning to the Pennsylvania Act, Mollica & Murray claim that there is an exemption for lawyers. But the language found at 73 P.S. 2270.3 (3) is pointed to allow general counsel for a creditor, as an employee of the creditor itself an exemption for the "...prosecution of a lawsuit to reduce a debt to judgment." This is so because allowing the corporate law firm to bring actions and direct their employee attorneys in the process interposes the law firm as a third party debt collector Mollica & Murray are not in privity with Defendant Michael Paoletta. Mollica & Murray are not the Creditor and thus exempted from the term "debt collector" under the Pennsylvania Act. This is exactly the problem which various State Bar Associations have litigated where the corporate debt collector hired and directed lawyers to file pleadings in the case. For example in the case of State ex rel. State Bar of Wis. v. Bonded 154 NW 2d 250, 256 the court stated: The fact that the defendants in some instances employ a regularly licensed attorney to prepare necessary legal papers and conduct the trial of a suit does not make their conduct legal. One cannot do through an employee or an agent that which he cannot do by himself. If the attorney is in fact the agent or employee of the lay agency, his acts are the acts of his principal or master. When an attorney represents an individual or DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 13 of 16 corporation, he acts as a servant or agent. Since he acts for others in a representative capacity, doing those things which are customarily done by an attorney, he practices law within the meaning of Section 6--0--24. The same conduct on the part of laymen would likewise be the practice of law, and since said layman would be unlicensed, such practice would be illegal. Here, the corporate law firm, Mollica & Murray is the debt collector and as such, once it moves as a debt collector, it is not authorized to commence legal actions. The corporation itself is not licensed to practice law but is attempting to practice law as a debt collector. It is virtually identical to the debt collector discussed in the Wisconsin case cited. It hires individual attorneys such as Michelle Smith and Cathy Ann Chromulak and pays them as employees. The individual attorneys send out Notices to the Defendant which include direct statements that they are "debt collectors". Their loyalties run to their employer, the law firm, not to Household Finance Corporation and their salaries are presumably paid by Mollica & Murray, not by Household Finance corporation. Household Finance Corporation no doubt has its own corporate attorneys, yet it sees fit not to proceed through their own corporate lawyers to commence lawsuits for collection. In many cases, such arrangements are assignments of a debt or a portion of the proceeds at the very least. The court in DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 14 of 16 the case of State ex rel State Bar of Wis. v. Bonded 154 NW 2d 250, 256 went on to say: When one who is not the actual client, but on the strength of an assignment for collection purports to act as such, advises the true creditor of the necessity for suit and also directs an attorney in the initiation, conduct, and termination of a lawsuit he is practicing law. He is offering in the market the services of an attorney to the creditor and he is furnishing legal services when he is not authorized by law to do so. Mollica and Murray are not attorneys exempted under the Pennsylvania Act. Wherefore, based on the law and cases so cited, and the circumstances of the record before the court, and the Exhibits attached to the Motion and Preliminary Objection of Defendant, Defendant prays this Honorable court will make the Rule to Show Cause issued upon the Plaintiff, Molica &Murray Absolute and the Defendant respectfully moves this honorable Court: 1. To allow the amendment of the Defendant's pro se Answer by Leave of Court and the adoption of the Preliminary Objection contained therein by Defendant, as such Preliminary Objection in the interest of Justice; and DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 15 of 16 2. Allow argument to proceed on Defendant's Preliminary Objection or grant it based upon the governing law; and/or 3. Dismiss the Plaintiff's complaint with prejudice for its failure to state a proper claim upon which relief shall be granted under the laws of this Commonwealth; and 4. That the Defendant have and recover reasonable costs and attorney's fees for defense of this litigation, and 5. For such further relief that this honorable Court deems just and proper under the laws of this CommonwealtW, and this United States.4 espect?llly ubml e Dated: David S. Brady, Attorney David S. Brady, Attorney PA. ID # 35928 4 Central Blvd Camp Hill, PA 17011 Phone (717) 303-2080 CERTIFICATE OF SERVICE Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address ' Title 73 P.S. chapter 42, section 2270.5. Enforcement and penalties (a) Unfair trade practices.--If a debt collector or creditor engages in an unfair or deceptive debt collection act or practice under this act, it shall constitute a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law 4 Title 15 USCA Fair Debt Collection Practices Act DEFENDANT MICHAEL PAOLETTA'S REPLY BRIEF TO MOLLICA & MURRAY BRIEF OPPOSING DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND GRANT HIS PRELIMINARY OBJECTION TO THE COMPLAINT: PAGE 16 of 16 indicated a copy of Defendant's Reply Brief in Support of his Motion to Make the Rule to Show Cause upon Plaintiff Absolute, holding Defendant's Preliminary Objections as filed to the Complaint as is proper under Pa.R.Civ.P. 1033 and/or dismissing the Complaint in the above captioned matter by mail by depositing same in a receptacle for the pick-up by the U.S. Postal Service, first class postage prepaid. Michelle D. Smith, Esquire Mollica & Murray 450 Trimont Plaza .venue Al David S. Brady L- Date :May 1, 2003 ' C `@ C; V i ? 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. MICHAEL L. PAOLETTA. Defendant. CIVIL DIVISION No. 02-1732-CIVIL TYPE OF PLEADING: Praecipe for Entry and Withdrawal of Appearances TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MAUREEN A. DOWD, ESQ. PA ID NO. 90549 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4'' Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 02-1732-CIVIL Plaintiff, VS. MICHAEL L. PAOLETTA. Defendant. PRAECIPE FOR ENTRY AND WITHDRAWAL OF APPEARANCES TO PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY. C&-94 C V0 4- CATHY AN CHR.OMULAK, ESQ. MAUREEN A. DOWD, ESQUIRE SCOTT E. CRAWFORD, ESQUIRE CHROMULAK & ASSOCIATES 375 Southpointe Boulevard 4'h Floor Canonsburg, PA 153,17 (724) 916-2400 Please withdraw the appearance of Mollica & Murray as counsel for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY. SG°1tl ?Z). CAA CATHY ANN CHROMULAK, ESQ. MAUREEN A. DOWD, ESQUIRE SCOTT E. CRAWFORD, ESQUIRE MOLLICA & MURRAY 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 (412) 390-7000 CERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance served upon the following by First Class Mail, postage prepaid on this 9th day of February, 2004: David S. Brady, Esquire Attorney for Defendant 4 Central Blvd Camp Hill,PA 17011 S c4a'UT aD4 Scott E. Crawford, Esq. n N =- Q r n r: rn ca fii:!3 ? v cf? }; O O r ?? - 1 -L T co r -< cn Alpha Legal Services, P. C. David S. Brady, Attorney PA. ID # 35928 440 W. 28`h Division Highway Lititz, PA 17543 (717) 627-4252 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, 11 60070 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW Docket Number 02- 1732 Civil Term vs. MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 Defendant PRAECIPE TO CHANGE ADDRESS OF ATTORNEY FOR DEFENDANT COUNSEL OF RECORD: CHROMULAK & ASSOCIATES SCOTT E. CRAWFORD FOR PLAINTIFF ALPHA LEGAL SERVICES P.C. DAVID S. BRADY, ATTORNEY PA. ID NO. 35928 FOR DEFENDANT PRAECIPE TO CHANGE ATTORNEY'S ADDRESS OF RECORD NOW COMES Alpha Legal Services, P.C. by Attorney David S. Brady and files this Praecipe as his Notice that all Notices and documents are to be served at his below indicated address. Alp)ia Legal Services, AC. David S. Brady, Attorney PA. ID # 35928 440 W. 28" Division High Lititz, PA 17543 (717) 627-4252 FAX: (717) 627-4262 Dated: ? U j 2 CERTIFICATE OF SERVICE Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address indicated a copy of his Praecipe to Change Attorney for Defendant's address of record in the above captioned matter by mail by depositing same in a receptacle for the pick-up by the U.S. Postal Service, first class postage prepaid. Scott E. Crawford, Esquire omulak & Associates L.L.C. tri 375 outhpo?int?e Boulevard, 0' Floor ( nn chnrb_ PennsNLvania 15317 David S. Brady Dated: l 2 DEFENDANT MICHAEL PAOLETTA'S NOTICE TO PRODUCE ORIGINALS PER R.CIV.P. 205.3(b) PAGE 1 of 2 David S. Brady, Attorney PA. ID # 35928 440 W. 28`h Division Highway Lititz, PA 17543 (717) 627-4252 HOUSEHOULD FINANCE CONSUMER DISCOUNT COMPANY 2700 Sanders Road Prospect Heights, 1160070 Plaintiff vs. MICHAEL L PAOLETTA 1771 South Meadow Drive Mechanicsburg, PA 17055 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW Docket Number 02- 1732 Civil Term DEFENDANT'S NOTICE TO PLAINTIFF UNDER PA.R.C.P. 205.3(b) TO PRODUCE ORIGINALS OF DOCUMENTS NOTICE TO PLAINTIFF: NOW COMES Defendant Michael L. Paoletta gives Notice to Plaintiff to produce the originals of the loan documents which are! the subject of this action within 14 days of this Notice pursuant to the terms of Pennsylvania Rule of Civil Procedure 205.3(b). DEFENDANT MICHAEL PAOLETTA'S NOTICE TO PRODUCE ORIGINALS PER R.CIV.P. 205.3(b) PAGE 2 of 2 lly Submitted, David S. Brady, Attorney PA. ID # 35928 Attorney for Defe an 440 W. 28t1 Division Highway Lititz, PA 17543 Phone: (717) 627-4252 Dated: ?d CERTIFICATE OF SERVICE Now Comes Attorney David S. Brady and certifies that on the above referenced date he did serve the persons listed below at the address indicated a copy of Defendant's Notice to Produce Originals pursuant to Pennsylvania Rule of Civil Procedure 205.3(b) in the above captioned matter by faxing a copy of same to 412 381-7111 and by mail by depositing same in a receptacle for the pick-up by the U.S. Postal Service, first class postage prepaid. Scott E. Crawford, Esquire Mollica & Chromulak 450 Trimont Plaza 13 randview Avenue Pi tsb r2h PA 15ZIA Dated: ?? 2 4 vid S. Brady, Attorney ... ? ni --C W "? Renee K. Simpson Deputy Prothonotary Curtis R. Long prothonotary of the V-rotbouotarp . office (Lumbedaub couutp John E. Slike Solicitor CIVIL TERM OF TERMINATION OF COURT CASES ORDER ER 2007 AFTER MAILING NO ABOV OF Tx DAY OF NOVEMB G NO RESPONSE T AN AND CE WITH PA NOW THIS 5 RECENIN NDICE IN ACCORD INTENTION TO I TERMINA WITH PRE CASE IS HEREBY R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY Carlisle, Pennsylvania 17013 • (-717),240-6195 • Fax (717) 240-6573 r.nrthouse Square