22 NOVEMBER 2014, Vol.1, No.80 > FIGHT BACK AGAINST PCSWA CORRUPTION & DECEIT!
The POCAHONTAS CRIER
‘When the Righteous succeed the people rejoice,
But when the bad govern, men groan!’ – Proverbs 29:2
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FIGHT BACK AGAINST PCSWA CORRUPTION & DECEIT!
If there has ever been a more corrupt quasi-government agency than the Pocahontas County Solid Waste Authority (PCSWA) – then Speak Up and tell us what it is – compared to the deceit & corruption that has taken place within the PCSWA since its inception! And like most other things taking place within this county, only a handful of persons have had the courage of conviction to have stood up against the PCSWA in an effort to bring SOCIAL JUSTICE to Pocahontas County! FOR ALL THOSE that have had a recent letter sent to them threatening them with a ‘collections-court-action’ unless you submit to the BLACKMAIL of the PCSWA – then the following sample letter is for you to use to answer the corrupt attorney that is in cahoots with Ed Riley & Jim Burks and the other scalawags on the PCSWA! Just click & copy into Microsoft Word & fill in the places in RED with your name, address & date, etc., and the letter will do the rest!
To: Law Offices of David A. Sims
P.O. Box 5349
Vienna, West Virginia 26103
Re: Pocahontas County Solid Waste Authority v. Sheets, et al.
Civil Action No. 07-C-30
TO WHOM IT MAY CONCERN:
Kindly take note that pursuant to the federal Fair Debt Collections Practices Act, (FDCPA), 15 U.S.C. § 1601, et seq., and its corresponding West Virginia Consumer Credit & Protections Act, § 46A-6-101, et seq., that I am timely filing proper notice to you that I dispute ALL, or any unverified part or portion, of the alleged debt in your letter claiming to be ‘an attempt to collect a debt’, dated 11 November 2014, and received on or about 21 November 2014. As a direct and proximate result, I am demanding a verified accounting from you within the next thirty (30) days, pursuant to the requirements of the Fair Debt Collections Practices Act, (FDCPA), 15 U.S.C. § 1601, et seq., and its corresponding West Virginia Consumer Credit & Protections Act, § 46A-6-101, et seq., for the following documentation & verification…
1. A dated & verified copy of any & all mutual agreements or signed contracts for any and all services provided by your client between your client and the lawful occupants of said premises;
2. All verifiable documentation that your client has proper jurisdiction to demand any kind of payment for services never rendered nor used;
3. A verifiable accounting of all times the lawful occupants of said premises actually used the services of your client compared to their respective state statutory compliance in an otherwise lawful manner in lieu of local services not provided by your client;
4. All dated and verified copies of any documents proving that both you or your client has the approval of the Office of the Attorney General of West Virginia to enforce any legal action or activities against the lawful occupants of said premises;
5. All dated and verified copies of all public notices that your client has provided the required statutory exemptions for those that recycle, compost, use the ‘free day’, or dispose of solid waste in an otherwise lawful manner;
6. All dated and verified copies of all public notices that your client has provided the required statutory exemptions and/or reductions afforded to persons of low-income and on a fixed-income;
7. All dated and verified copies of any documents alleging or proving that the lawful occupants of said premises did not in any way improperly dispose of any solid waste;
8. All dated and verified copies of any documents proving either you or your client has the statutory jurisdiction and authority to engage in any kind of collections activities;
9. All dated and verified copies of any documents showing that your client contacted the state Department of Environmental Protection (WVDEP) in any sort of complaint that the lawful occupants of said premises were in some manner not in compliance with the laws of West Virginia in the proper disposal of solid waste;
10.All dated and verified copies of any documents showing that the state Department of Environmental Protection (WVDEP) ever prosecuted or found the lawful occupants of said premises guilty of violating any of the laws of West Virginia in the proper disposal of solid waste;
11. All dated and verified copies of any documents showing that the state Department of Environmental Protection (WVDEP), upon a conviction of the lawful occupants of said premises, turned a collections matter over to the state Public Service Commission (PSC) for collection of any fees, statutory fines or pre or post-judgment interest;
12. All dated and verified copies of any documents showing that either you or your client ever engaged in the required statutory administrative process against the lawful occupants of said premises prior to entering a collections action in the Eleventh Circuit Court of West Virginia;
13. All dated and verified copies of any documents showing the statutory jurisdiction and authority for your client to determine and/or set forth a ‘fixed-flat-assessment-fee’, per-household, regardless of usage, while permitting commercial enterprises to dispose of solid waste via usage, weight & volume;
14. All dated and verified copies of any documents showing the statutory jurisdiction and authority that your client is allowed to establish an alleged ‘fixed-flat-assessment-fee’, per-household, regardless of usage, while all other regional and county solid waste authorities within West Virginia establish a statutory fee via usage, weight & volume;
15. All dated and verified copies of any documents showing the statutory jurisdiction and authority for either you or your client to determine any pre or post-judgment interest as claimed in your letter alleging an attempt to collect a debt;
16. All dated and verified copies of any documents showing the statutory compliance of your client to establish a comprehensive recycling program whereby the lawful occupants of said premises can sell their recyclable items locally instead of having to do so in an adjacent county;
17. Knowing that the statutory laws exempts persons of low-income and on a fixed-income, kindly provide all dated and verified copies of the criteria used by your client to exempt and/or reduce all fees charged by your client to accommodate all persons of low-income and fixed-income; and,
18. All dated and verified copies of any documents showing the application process used by your client to satisfy the statutory laws that exempt persons of low-income and on a fixed-income accordingly.
THIS LETTER IS AN ATTEMPT TO VERIFY AN ALLEGED DEBT AND ESTABLISH THAT NO DEBT EXISTS BETWEEN YOUR CLIENT AND THE LAWFUL OCCUPANTS AND EQUITY-OWNERS OF SAID PREMISES SINCE YOUR CLIENT RENDERS NO SERVICES THAT THE LAWFUL OCCUPANTS AND EQUITY-OWNERS OF SAID PREMISES REQUIRE LOCALLY, SINCE AS A LAWFUL ALTERNATIVE THEY GET PAID FOR ALL RECYCLABLES IN AN ADJACENT COUNTY PURSUANT TO THE FAILURE OF THIS COUNTY TO HAVE ANY SORT OF EFFICIENT COMPREHENSIVE RECYLING OR SOURCE SEPARATION PROGRAM.
Occupant and/or Owner
As some of you may already know, a pro-longed lawsuit lasting in excess of SEVEN (7) YEARS concluded within the Eleventh Circuit Court & the West Virginia Supreme Court within the last year and now the PCSWA ‘thinks’ it has a ‘free-hand’ to really ride rough-shod over the folks of this county – BUT WE HAVE NEWS FOR THEM – THIS IS ONLY THE BEGINNING OF THE FIGHT TO RESTORE SOCIAL JUSTICE TO THIS COUNTY!
Negotiations have already begun for a CLASS-ACTION LAWSUIT into the tens-of-millions-of-dollars with several law firms that handle these kinds of large-lawsuits and before the smoke clears after this ‘CIVIL WAR’ we may all live to see the likes of Riley, Burks & their co-conspirators groveling in the dust by having to pay-back ALL THAT THEY HAVE STOLEN from the people of this county! Rather than put all of our eggs in one basket – there’s folks interviewing different law firms & attorneys capable of such large ‘CIVIL SUITS’ since once a lawsuit of this type begins – it’s non-stop until a Victory occurs for the mutual benefit of all concerned! IT’S LONG OVERDUE IN THIS COUNTY…& then some!
In the last SEVEN (7) YEARS we have seen the likes of former Judge Pomponio totally FAIL in his duties to conduct a ‘fair & honest’ trial, let alone permit witnesses & evidence to be put into the court record. The case lasted seven-years because Pomponio allowed the PCSWA a lapse of four-years – and instead of dismissing as the rules require – Pomponio allowed it to continue without the required admissible evidence! So instead of an honest-trial, Pomponio simply ignored all requests for the bringing forth of admissible evidence, witnesses, cross-examination, and such that one would or should expect from a ‘Trial Court’!
And as a direct & proximate result, the West Virginia Supreme Court took the ‘blind-eye’ approach and simply also refused to consider any admissible evidence or any of the merits of the cases before them under the pretext that since the Eleventh Circuit Court made no rulings during the past seven-years that the Supreme Court could not ‘second-guess’ or make any rulings either! And this has all occurred even though the attorney for the PCSWA has never had any lawful authority to represent the PCSWA without meeting specific conditions – which the law firm has been negligent – and in spite of the fact that the PCSWA utterly ignored & FAILED to conduct it’s affairs within the ADMINISTRATIVE COURT PROCESS that is required for quasi-government agencies!
SO NOW FOLKS – THIS WHOLE MATTER IS RIPE TO MOVE BEFORE THE UNITED STATES DISTRICT COURT SINCE IT’S NOW BECOME A MATTER OF THE VIOLATION OF THE CIVIL RIGHTS OF EVERY PROPERTY OWNER WITHIN POCAHONTAS COUNTY + THE EXTORTION OF EVERYONE ON THE PCSWA & THEIR ATTORNEY AGAINST
‘WE THE PEOPLE’!
But not to worry! Class Action lawsuits are paid for by the government to SERVE JUSTICE – thus our attorneys will be paid for by the government pursuant to the number of folks illegally sued by the PCSWA + the aggregate amount!
It won’t cost any of us a single dime!
THE PCSWA WILL INDEED REAP
WHAT IT HAS SOWN
… & then some!
The Pocahontas Crier is an independent, free, non-subscription, Internet News Service providing in depth reporting on important issues directly affecting the Citizens
of Pocahontas County, West Virginia, and meant for entertainment in the true ‘muckraking’ & ‘iconoclast’ tradition of questioning authority, challenging corruption, exposing impropriety and the appearance of impropriety, and offering Common Sense Alternatives for
THE GREATER COMMON GOOD BEFORE SELF…
or any Special Interests!
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