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COMMONWEALTH v. TUCKER (06/12/58)

June 12, 1958

COMMONWEALTH
v.
TUCKER, APPELLANT.



Appeal, No. 41, April T., 1958, from judgment of Court of Quarter Sessions of Lawrence County, Sept. T., 1957, No. 110, in case of Commonwealth of Pennsylvania v. Edward E. Tucker. Judgment affirmed.

COUNSEL

John D. Ray, with him George O. Sewall, and Cauley & Birsic, for appellant.

Frank P. Lawley, Jr., Deputy Attorney General, with him Thomas D. McBride, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Gunther

[ 187 Pa. Super. Page 62]

OPINION BY GUNTHER, J.

Edward E. Tucker, conducted a collection business in the City of New Castle registered under the name of Ideal Credit Adjusters. The Fictitious Names Docket states that defendant is the only person interested in the business.

Defendant was found guilty on a charge of violating the Act of June 24, 1939, P.L. 872, section 895, subsection g, which is as follows:

"It is unlawful for a collection agency to coerce or intimidate any debtor by delivering or mailing any paper or document simulating, or intending to simulate, a summons, warrant, writ, or court process as a means for the collection of a claim, or to threaten legal proceedings against any debtor; but nothing contained herein shall prohibit a collection agency from informing a debtor that if a claim is not paid, it will be referred

[ 187 Pa. Super. Page 63]

    to an attorney or attorneys at law for such action as he or they may deem necessary, without naming a specific attorney or attorneys; and nothing herein contained shall be construed to prohibit a magistrate from sending out notices to debtors before the institution of suit."

This appeal is from judgment and sentence imposed by the court. At the trial defendant demurred to the evidence and subsequently filed motions for a new trial and in arrest of judgment. Both motions were refused.

The evidence reveals that the case arose out of the following facts.

In 1954 John and Helen Polding purchased furniture on credit from Bolotin Furniture Store.On or about July 20, 1955, the Poldings received a letter from Ideal Credit Adjusters advising them that their account with the Bolotin Furniture Store had been placed with its firm for collection, and that unless the Poldings stopped at the office within five days it would be necessary to bring suit before a justice of the peace.

Sometime after this notice was received a levy was made on the furniture belonging to the Poldings. Thereupon, they agreed with the defendant, Tucker, to pay a stipulated sum each month on the balance due.

Mrs. Polding obtained a divorce from John Polding and married Charles McConnell. The McConnells moved to Akron, Ohio, taking with them the furniture purchased from Bolotin's Store.

On December 14, 1956, the defendant prepared an information against Mr. and Mrs. Polding charging them with unlawfully and feloniously taking, stealing and carrying away against the wishes of the Bolotin ...


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