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
[New Email address: pocahontascrier88@gmail.com]
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!
NAME
ADDRESS
PHONE
Date:
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…
KINDLY PROVIDE:
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.
Respectfully yours,
_______________________
NAME
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!
We fight for Social
Justice on all fronts and are an integral part of The
Crier Coalition of Internet News Services comprised of The Pocahontas Commentator, The Pocahontas Crier,
Signal Fires of WV, &
Rolling Thunder in association with
Echoes from
the Holl’r.
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