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HomeMy WebLinkAbout00-04831POWER OF ATTORNEY Lisa S. Kove, the "principal," of 181 Cedar Lane, Uaxlisie el, herewi[n appoints Laurie Ulrich. of 181 Cedar Lane, Carlisle, PA, as their attorney in fact, to act in the place and stead and with the same authority as Principal would have to do the following acts: To conduct any and all business regarding my deposit accounts, loans, safe deposit box, or other banking business in regard to the NFCU, WPAFB, and her own account for the management of my money. Bank, of NFCU in Washington DC, WPAFB in Dayton OH, and her back in Carlisle PA. This power shall specifically include, but is not limited to the right to deposit, withdraw, sign checks or drafts, make stop payment orders, and to conduct any banking transactions necessary or possible in regard to my banking relationship with the NFCU, WPAFB, and her own account for the management of my money. Bank. To execute a deed or other instrument of conveyance conveying my interest in the following real property: for the procurement of both land, engineering, licenses, and construction in the Southern CA area To represent me before the Internal Revenue Service in regard to the following taxable years and returns: Forms: Form 1040 Years: 1997 and 1998 only To act for me in the regard to the following: to guide the real estate agent Jona Briggs on negotiations and to work with my accountant Mike Dix in developing my tax returns. This power of attorney shall be in effect from April 10, 1998 to December 19 unless ?re?voo)ked sooner. - f'71l/?Y sa S STATE OF Pennsylvania COUNTY OF USA Lisa S. Rove personally appeared before me and acknowledged the execution of this power of attorney for the purposes set forth therein. Dated: VO Notaryb?-- Notarial Seal PLAINTIFFS - {inch L A9oore, Notar/ PutrPc EXHIBIT Hamanen Twp., Cumberland County 1v Commission Expires May 13, 1999 6.ti?ra.M?i. Prn:lsyh!anla Association of Nctar!as '\ MLJ LL Lo LS1 Y e-J Z00 "d HMZ9828:191 ODHIQ NHS CI 0dl £?:80 I( I) I0 ,10- ION NOV. -01' O1(THU) 08:43 A 17 SAN DIEGO TEL:8585222330 P. 001 i LNIILIN.'T Ht.'i¢ t `Y? r ! i F C. nd cf` 5h' q; a ?+'ii it Ei ' •,,, I rv' ; n' [fir HARRIS SAVINGS BANK Harris Savings Operntiuns Center G35 North 12th Street Lemoyne, Pennsylvania 17043 717/731-1440 October 14, 1999 Lisa Sue Kove 4553 35`h Street San Diego, CA 92116 Dear Ms. Kove: This letter is in response to your letter from October 4, 1999. Our research has discovered that you were added to a checking account with Laureen M. Ulrich on July 8, 1998. There is no notation that Laureen was your Power of Attorney and we do not have a copy of a Power of Attorney for you. Enclosed an account history for this account from July 8, 1998 until the account was closed. In your letter you stated that there was a $75,000 check that was deposited into this account. We see no evidence of this. If you or Attorney Rowe have any further questions, please contact me at 117-909-2770. Sincerely, ??,Q, Mary Dishong Assistant Vice President Security/Loss Management Officer Harris Savings Bank cc: Attorney Jim Rowe Account Number 3200004583 Name ULRICH, LAUREENhI SSk 110-56-7843 Date of Binh 09/28/64 Name SOVE, LISA S SS' 08340-9337 DateofBinh 12-27-59 Name v SSk Date of Birth Street Address 181 CEDAR LA.NE Home Phone 717-697-7225 City/SruelZip CARLISLE PA 17013 Drivers Lic No. Number of Signatures Required I Select Owners hip: Individual D Joint-Husband/Wife cmt-Other than HusbandfWife []Sole Proprietorship Opening Date 07/06/98 Opening Amount S 0 Maturity Date Rate % Minimum Bal. S _ Original Term I/We, who have signed below, hereby apply for an account in Harris Savings Bank, Harrisburg, PA, and agree to abide by and be subject to the Bank's rules and regulations which are further documented in the 'St brochures tilled Disclosures Affecringyour Deposit Accounis and the Rules of Deposit Accounts, which have been provided to me/us. Other applicable banking laws, recognized banking practices and customs, t governmental and clearinghouse regulations will also apply to this account. It is agreed that if this account should become dormant (an account shall be considered dormant when no deposit or withdrawal has occurred for a period of 2 years), it shall be subject, at the Institution's discretion , to a maintenance fee hereto adopted by the Institution. New smaller revised fees shall become effective upon posting of such notice in the office of the institution for a reasonable time or upon notification of the account holder(s) to the last known address. Such fees may be deducted from the depositors account and the institution shall not be liable for insufficient funds resulting from Me deduction of this maintenance fee. Customer hereby authorizes a limited release of account information by Harris to third party financial service providers with whom we work, in order to make the availability of such services and products known to our customers. (NOTE: All third party providers will safeguard your information). I/We acknowledge that by signing below, 1/We will receive Harris Access Line transfer capability on this account (if eligible). If you choose not to have the Harris Access Line transfer capabilities, please strike out the above language. Under penalties of perjury, I certify that the number shown on this form is the correct taxpayer identification number for this type of account ownership and that Uwe are not subject to backup withholding either because I) 1 have not been notified that f am subject to backup withholding as a result of failure to report all interest or dividends, or 2) the Internal Revenue Service has notified me that I am no longer subject to backup withholding, or 3) IRS Regulations provide specific exemptions for this type of account ownership. If you we subject to backup withholding, please strike au( the above language in clause 2. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. _ 1 Signature- -/1 Signature Signature Signature xf v J; ( WA009FM Harris Savings Bank 10/12/99 I7ISHONMY DEMAND - Account Inquiry 08:08:53 Account Number 3200004583 Short Name ULRICH LAUREEN M ................................................................................. Monetary Activity . Nbr Debits: 0 Lst Stmt: 5/25/99 Last Stmt Balance: .00 Nbr Credits: 0 Nbr Enclosed: 0 Current Balance: .00 070898 005 070898.555 070898 555 070998 555 070998 555 F2=Fold/Un FS=Package 20 53 62 53 53 -old Post 53181 DEPT 9492 ATM 11073 ATM 10795 ATM 10796 ATM F3=Exit Activity DSIT DEBIT FEE DEBIT DEBIT F7=Non-Monetary F10=Search Options 201.50 * 4,432.12 1.00 * 4,431.12 201.00 * 4,230.12 61.00 * 4,169.12 + F9=Teller/Memo Activity- F12=Previous DDA009FM Harris Savings Bank 10/12/99 AI.S.HONMY DEMAND - Account Inquiry 08:08:53 Account Number 3200004583 Short Name ULRICH LAUREEN M ................................................................................ Monetary Activity Nbr Debits: 0 Lst Stmt: 5/25/99 Last Stmt Balance: Nbr Credits: 0 Nbr Enclosed: 0 Current Balance: Date Btc TC: 070998 555 62 070998 555 62 070998 555 64 070998 001 90 071098 555 53 071098 006 54 071098 006 54 071098 555 62 Seq Nbr Description Check Nbr 12540 ATM FEE 12541 ATM FEE 10794 POS DEBIT 170710 CHECK 17S 8815 ATM DEBIT 85723 TELLER CHK 121313 TELLER CHK 10732 ATM FEE 00 00 Tran Amount S Balance 1.00 * 4,168.12 1.00 * 4,167.12 312.64 * 3,854.48 305.00 * 3,549.48 101.00 * 3,448.48 1,275.00 * 2,173.48 50.00 * 2,123.48 1.00 * 2,122.48 F2=Fold/Unfold F3=Exit F7=Non-Monetary F9=Teller/Memo Activity FB=Package Post Activity F10=Search Options F12=Previous I Lisa Kove, social sgWity number 08340-9337, birth date 12/27/58 through this document am providing the following people POWER of Attorney for malting medical and, educatiodit decisions for my five children during those times t am not available: Jeffrey Moore social security number 191-52-3064 birth date 10/26/62 Laurie Ulrich social security 110-56-7841 birf date 9/28/64 My son William Kove has the followug health problems: BPD/ Asthma feed by G-tube, Autistic,%a d hernia at his fundoplication, 2 ulcers (stomach & upper portion of small intestine) and should be taken to Hershey medical center for emergencies. My children are: NAME Scott James Kove William Lloyd Kove Sara Jean Kove Lena Joy Kove Prancessca Lynn Kove Social Security Number Birth Date 225-61-7856 12/24/90 278-96-6036 3119/93 278-96-6034 3/19/93 278-96-6035 3/19/93 278-96-7258 3/19/93 ? Signed By _ "? "I Lisa Kove Date _ ?. .fZ. 3I 4 I N FI PAY I, Bbli = c 41mo Hill unty My 8®r" l , 2000 PO -7879pv.s vmrvs naxmaerts oarvacas [ 0., Inc. Box 29- Ft. Lauderdale, FL 33329-7879 M-Th 8am - 12 midnight ET Fri. 8am - 10pm ET Sat. 8am - 4:30pm ET 1-800.253-1720 Lisa Kove 181 Cedar Ln Carlisle, PA 17013--7812 II IIIIIvIVIllaaalrlllailillllilllllutal1111111uIv1ul11tvlll 021 Cards July 20, 1998 Dear Use Kove: We are contacting Your account is past due: YOUe --- - • -Gold -- ---- ------3-M7-9564S4-81G06 -. .. _-- ' - - The condition of any one of your American ExpressG Accounts impacts our credit ' decision on any other account, including Optima®, that you have with us. As a reminder, your payment is due for the payment due date as reflected on your most recent billing statement. You need to: Please remember to send us a payment so that your account is pajd up-to-date. If your payment has already been sent, thank you. If you are unable to send a payment, please call us. M. Henley Credit Operations Account Summa Product Account Number Past Due + New Billed Charces• Total Gold 3727-956484-81005• $493.73 $919.13 $1,412.86 OptimaO 3737-186314-81005' 0.00 0.00 0.00 Total $493.73 $919.13 $1,412.86 Z - cn - Fold here detach, and return with your payment. See reverse aide for important disclosure information. ?. Payment Coupon for Past Due Amount -Payment due data for your new billed charges may 'o - M = Lisa Kove Due Immediately varyfar each account Please refor to your moat O ? reaeni Wiling Statenrenta!e{Pay.--nt pea N S - To ensure proper credit, you must enter the amount Product Account Number Amount Enclosed you ore paying for each amount licked on this payment v Coupon. ° Gold 3727-956484-81005 $ _ ®,- - -.- - Z Please send one ehedc, payable to American Express, p O Total $_ ® -,- - ` ® with this Payment Coupon. Payment 'a due in U.S. . - Dollar. J a _ Check here if your address or telephone number has O -_ changed. Note dmnges on the reverse side of this ® Overnight Mail Address cooper ?. American Express American Express g Remittance Prooessl9th R S PO Box 804247 300 S. Riverside Plaza Chicago, IL 60680-4104 Chicago, tL 60606 I 1 Il l lli ll ll ll l i l I 1 i l Il lll rr , rat, „t ,l ta,t ,, ,a t „rl , „r „ „ ara ar ACCOuf1I t!MaJ Line of Credit Statement $d CREDIT BALANCE - CAN BE APPLIED AGAINST FUTURE CHARGES OR YOU MAY REQUEST A REFUND. Monthly -fAL- :gym rasl Due Paymec! Activity Payment Due Amount Due Date Summary i _ j 00 00 08/08/98 .. • _.,cc ore ,..nan ed s'e , ,,..;....;_ LISA KOVE 181 CEDAR LN CARLISLE PA 17013-7812 iiev, I Account 1 Please Note in 891ance j Number i amount Of payment 245.44-i 3737-186314-81005 S Ida¢e check payable to: AMERICAN EXPRESS CENTURION BANK SUITE 0002 CHICAGO IL 60679-0002 IIIIIIIIIIIIIII III IIIIIIII IIIIIIIIIIIII IIIIIIII IIIIIIIIIIIII II 3718631488 000000001000245447 Account Planning to travel? You can order foreign currency and American Express(R) Travelers Cheques by phone before your trip. Holder dust call 1-800-807-6235 and your order will be CCnvsniently delivered to your home or office. News Account Holder Name LISA KOVE Amex Date of Date of Reference No. Transaction) Posting I Account I Previous Summary Balance 245.44- Bill Closing Date 07/14/98 Finance Charge PURCHASES GASH ADVANCES Account Number 3737-186314-81005 Transaction Description ACCOUNT GRACE PERIOD=STANDARD GRACE (SEE STATEMENT BACK FOR DETAILS). FOR INQUIRIES ABOUT YOUR ACCOUNT, CALL 1-800-635-5955. YOUR CASH ADVANCE LIMIT IS $7500 AVAILABLE BALANCE FOR NEW CASH ADVANCE TRANSACTION IS $7500. - New - Paymeni - Credits Charges 00 I .00 1 Payment Due Date 08/08/98 Number of Days this Billing Period 1 30 1 30 + FINANCE CHARGE DO 1 Charges Debi! Adjustme^ts 00 Credit Available I Amount Over I Pas! Due Limit ;Crl;tlu ICredit Limit 1Amount 7,500 ! 7,745 1 0 x Daily x Average Penodic Hate { Daily Balance .0459% .00 .0532% .00 Page 1 of Credits 1 i New ! ?cluil?c 001 245.44- Minimum Payment Due 00. 00 -FINANCE (ICURRENT ANNUAL Thank CHARGE 1 PERCENTAGE RATE You .00 - 16.750%( .00 19.400% 1G rt1 V • .I I1C 1 0-I- 1l Pa'lrnelr.. l r r ( I' ll - ,I':•'- )I.1 .' O 800 '35 5't55 ^? n or IlnO us on AOL al Keywo d: 4 en4an Ezpres5 or on the Inre net at w rr.lnn,p Fn• Lil n• le `Fn VOlnu' A241111, e0 k3ue 21' 7881 rl LLUOerdain FL :33329 7884 (W resaerns may conlaa Trip 1, Ilew_?nnnr •.n I•• -R,i ru ?S::IIV•I:?:Irvn Inlmds of credo earn rata. leas and 41rac4 lyf u,nl ru 9.uv 8.Inx:::,I O,rpl MO.a tn.Ulb:d t Optima"' Line of Credit To avmd add0ronal flnanrl Cnmoa.?ay uew menll a -:1615 rccermd At, c7osmg rile Plt,,e see reverse sao lo, I,eriam miormanon aalan¢ above celore eaymml OL„ ale. ro.:'?1'w'm aeo?ar nn neu month's slaremem. I dRxrN Customer Service Pagel of 8 Cards 800.327-2177 (24 hours / 7 days) Gold Card Statement of Account Prepe,d Fa USA KOVE Cbary Deb kooowt Nunba July 13, 1998 3727-956484-81005 Prwiua Cab New N. S&T aGa SPA YWaum Cad Bdaioe S Perrtwaecrcae. S cem chw9ft S cam e-h- - S M wm Peym S Aman[ Did S Earn double Membership Rewards* pants at gas 47373 OOU; 899.13 1,372.86 40.00 stations and supermarkets from 6/15 until 8/31581 Terms and conditions Statement includes payments and charges received by July 13,1998. apply. Your account is 30 days past due. Payment must be received by 08/01/98 to avoid a Please refer to page . 5 delinquency charge. for important information regarding your account For fast, easy access to selected information, simply call 800-327-2177, then: Choose option 1 for account balance, payment verification or statement copies Choose option 2 to report a lost, stolen or damaged Card, or a Card not received Choose option 3 for Membership Rewards or other Card benefits and services Choose option 4 to change your address Minimum Payment $40.00 See the enclosed Sign & Travel and/or Special Purchase Account Statement of Account for complete transaction detail. PIZZA HUT 605072 MECHANICSBURG PA FOOD/BEVERAGE FOOD/BEV 32.89 Rdxeroe: 006050721 June 16, 1998 38.46 GENERAL NUTRITION lSCARLISLE PA SPECIALTY FOOD/GIFTS Rdwe .'0168123,13 June 16, 1998 50.80 KAY BEE TOY 140 CARLISLE PA TOYS GAMES HOBBIES Rdwi,me: 00109M +Pb?em?m,roda?ae, e;eed?yyd,,;} Continued oirt reverse ^ Payment Coupon Amoutt Nunbw u pia number on all checks and 3727-956 6484-81005 correspondence Payable a. in U.S. Dollars upon in receipt with a check drawn j1,41286 on a bank in the U.S. or o money order, processable LISA KOVE through the U.S. banking system. „ 181 CEDAR LN " 0 CARLISLE PA 17013-7812 Check h or lurll6pill rIII 161 111IIII1111111III 1IIlulIII to IIO111urlll telephone number has changed. Note changes on reverse side. Mail PayTnerato: AMERICAN EXPRESS P.O. BOX 42010 PHILADELPHIA PA 19162-4201 Iur11111nur11rlluulrlrlulnlrllluuulllrlulJnrllnl 0000372795648481005 000141286000089913 13HH ' Prepared Fa LISA KOVE 3727-95648481005 Page 2 of 8 _ Transactions Continued June 17, 1998 TOTAL GYM FITNESS 888-534-1310 PA EXERCISE EDP TGF'TOTAL GYM FIT 60F12 55.61 June 17, 1998 63.48 PHAR MOR#157 MECHANICSBURG PA PHAR-MOR POWER BUYING- - Relxence:zMOnioooo June 20, 1998 - 184.48 THE OUTLOOK WASHINGTON DC GIFT ITEMS Relererce:051901053 June 20, 1998 PLEASURE PLACE WASHINGTON DC 68.63 -Jun&zu_ 2.11 LAMBDA RISING INC WASHINGTON DC - - BOOKS/MAPSlMATER IALJACC Rele :00M= June 20, 1998 15.00 WALNUT ST MOBL _ HARRISBU PA MOBIL OIL - GAS OTHER 08G5726 : 0 Relarerce: Oq 08G5729 June 21, 1998 116.26 RITE AID #3827 ANNAPOLIS MD - DRUG STORE/PHARMACY Relerenm: 40401279 Rao Nurber: 146704 June 21, 1998 14.61 GABLES SELF SERVE CARLISLE PA SHELL OIL 053711680032 Reler :0323799/5 Raa Nuibw.,C +MW June 21, 1998 - 41.00 CARROL'S CREEK ANNAPOLIS MD FOOD/BEVERAGES Rdereme 0971/2151 .. June 25, 1998 11.92 USPS4134870072 NEWKINGSTOWN PA 017770577 POSTAL SERVICES -ContinueKlon next page Change 01 Address 9 enreq on hors ao nal uee . wn r 0>r ema• CM? Sm I Iq Ga4 Kea CObi IbnPMn flunEu Kea Caa•a1tl WaM1Pbr NYmpr Fa N SA " Page3of8 ?N- owwes ' U OVE K 3727-95648481005 Cards) closi Dp July 13, 1998 Transactions Continued A?T July 1, 1998 23.64 SHEETZ[NO191 CRINDCARLISLE. PA Keystone GAS/MISC 000182010008 Ad.rdro:omie2oraoos - .. - July 6, 1998 15.00 CINEPLEX ODEON CORP WASHINGTON DC CINEMAS FW.a .000DOM85229 Am Nmbw WCOSSE229 July 7, 1998 35.63 LIFE INVESTORS CEDAR RAPIDS IA 7CUST SERV 800.231-7220 ACCIDENT INS COVERAGE PERIOD 07-01-98 TO 10-01-98 INSURANCE PREMIUM ?w?.ar??ams3 nmNUreraactomsa? July.7, 1998 16.00 GINGERBREAD MAN CARLISLE PA FOOD/BEVERAGES FOODBEV 1115 TIP - 2.85 July 7, 1998 13.33 NEW FOREST CHINESE moftnicsburg PA Sal 2101 -FOOD/BEVERAGE FOOD-BEV 13.33 Re We :188fi2117 July 8, 1998 16.80 GINGERBREAD MAN CARLISLE PA FOOD/BEVERAGES FOODBEV 14.00 TIP 2.80 Sign & Travel" and/or Special Purchase Accounts" 3'-95'648,-81005 Statement of Account Jc y13,;998 Creditor: American Express Centurion Bank Thank yyou.ior using Sin & Travel. When pplanning your next vacation, remember Sign & Travel latelyou travel on and°tioW'youbhoose: - Account Minimum . Payment Due Date Summary ; Payment; Auger 7, 1996 Previous Balance ; 217.51 40.00 This month's Minimum "Paymenfis/Credits - 0.00 Payment includes: FINANCE CHARGE 3.38 Past Due amount New Charges .r : 35.00 $20.00 ' New Balance 255.89 This morth spayment ,. $20.00 ce(s) to Which Averar Daily Daily Periodic ANNUAL Please refer to page 4 gpP4es.,., Balance Rate PERCENTAGE RATE for important information ' $223.77 - .0504% 18.40% regardng your Sign & Travel and/or Special Purchase Account Y Continued on reverse Prepared F" "N °ef Page 4 of 8 USA KOVE 3727-95648481005 S&T and/or SPA Transactions for LISA KOVE Card 979-9686W81095 .. July 6, 1998 35.00 CONTINENTAL AIRLINES HOUSTON TX MISC ONEPASS CHARGE Reraeroe: 19038= Total of Sign & Travel and/or New Charges 35.00 Special. Purchase Account Activity Payments/Credits 0.00 0 Important Sign & Travel and/or Special Purchase Account Information Billing Inquiries The following terms and ookstions apply:to charges made on your Sign & Trawl andfor Special Purchase, Customer Service Account:. - :' . - - 1.800-327-2177 Finance Charge: To calculate the Finance Charge, we mufti ply the Daily Periodic Rate (Month ly Periodic Rate for IA and (24 hours, toll free) PR), by the Averaga Daly Balance during the billing period. Then we multiply the product by the number of days in the Address txilmg cycle us the (except foclA and PR). To get the Average Daily Balance we take the txaginnmg tiaance of the Sign & Travel American Express and aaxuad and unpaid Finance Customer Service and/or Special Purchase Account (eAccount? each day add any new Account Char as Charges ((except.stxh Fnance Charges wiA not be included for residents of IA and PR), and subtrad any payments or P.O. Box 297807 credits.: Theri we add upp tha.daly balances forth9 bilGnO period and divide by the number of days m the trilling pedod. This Ft. Lauderdale, FL gives Average Oai1y Balance. This method of computation of the Average Daily Balance resuks in compound 33329-7907 interest (except forresidents of to and PR). if in any 12 montfi period priorto this billing penodyou ware delinquent on your Account or any olherAmerican Express Account, the APR applicable to your entire Account balance will be the Pnme Rate (as ofthe 15th day of lire priarmonth) plus 13.99%. Payments: Mail your payment In the enclosed envelope or to the address for payments listed on page 5. Remember, your payment each month should be for at least the Minknum Amount Due or the Total Amount Due, whichever appears on the Card Account Statement. Either amount includes the Account Minimum Payment shown on the Account Statement and the balance due on your Card Account. It you want to pay more than the Minimum Payment (up to the entire Account New Balance), make your payment forthe larger amount and the excess will be applied to your Account. How to avoid A klorwl Finance Charges: To avoid additional Finance Char ges the Account New Balance must be Due data American Centu Ban' will AcccountuChaarges made in ens billing period for which paym?ttin full hascebeen received not o?forFinance e he Account D er Date. 0.NE If/W Prep Fa eE:s Cards LISA KOVE ?NN? Page 5 of 8 3727-95648481005 ce.,, o.e July 13, 1998 Payments Your monthly statement is payable in full upon receip The mailing address for payments is shown to Telephone the right. Using the enclosed envelope mall the bottom portion of the first page of this statement with your check Numbers drawn on a bank located in the UT or money order, processable through the U.S. banking system, payable in Customer Service U.S. Dollars to American Express. Do not send cash. Payments received after 12:00 noon or on weekends or holidays may not be credited until the next business day. Please do not send post-dated checks to our payment 1-800-327-2177 processing centers. They will be deposited upon receipt. If payment is made at any other location, there may be (24 hours, toll free) a delay in processing. Please include your account number on the face of your payment. Lost or Stolen Card If the Card is lost or stolen in the United States, contact us immediately at 1-800-992-3404. Express Cash Outside the U.S., contact the nearest American Express Travel Service Office or call us collect at 910-333-3211. 1-800-CASH-NOW You are fully protected against any fraudulent use of the Card when you notify American Express before it is fraudulently used. Your maximum liability is $50 should you fail to report its loss or theft. Lost or Stolen Card Charge Card and Statement Information The annual fee is $75.00 for the Basic Gold Card and $35.00 1-800-992-3404 for each Additional Card. An additional $5 is charged for billing addresses outside the U.S. Renewal Cards are Issued ry Int'I collect: eve three ye:u If the Card you carry is dameged, you may have it replaced "cone r by calling Customer Service . You 910-333-3211 may dlscontYnyour Members hip by calling Customer Service. Be sure to keep your copy of the charge slips for compar' n to r trilled charges. Hearing Impaired The Statemenlosing Date is the last daze that char as and credits are processed to appear on the statement. TTY: 1-800-221-9950 Your account ast De if payment for your previous month's statement was rece ived after the closing date. Fax: 1-800-695-9090 To keep your ant current, pay by the date printed on the Payment Coupon portion of the statement. Billing Rights Summary Addresses In Case of Errors or Questions About Your Bill: Customer Service if you thmkyour bill iswrong? orif you need more information about a transaction which appears on your statement, write or C S i h h i M P.O. Box 297804 ustomer erv ce department as noted to t e r g call the t. We must hear from you no later than ays after we sent you the first till on which the error or problem appeared. Although you may telephone us, doing so will not preserve your rights. Ft. Lauderdale, FL 33329-7804 What We Need From You When You Have A Billing Inquiry: • 1'hedoiar amount of the suspected error. Express Cash • Oescnbe the error and explain, if you can, why you believe there is an error. If you need more information, describe Funds Access Services the Rem you are unsure about. P.O. Box 53809 You do not have to pay any amount in question while we are investigating, but you are still obligated to pa the parts of your bill that are not in question While we investi our in ate uir we cannot re delin o o a ent or t k act o t t Phoenix, AZ 85072 3809 . q g y y, qu p y u s e any i n r a o collect the amount in question. Please retain any receipts pertinent to your claim. - Special Rules For Charge Card Purchases If you have a p ahem wan the qualRy of goods or services h d ith th C d i d i bl h d h t d f i h h Payments w at you purc ase e ar , an ave t you r e n goo a to corned the pro em wit the merchant, you t P.O. BOX 42010 may not have to pay the remainingg amount due on the goods or services. You have this protection onl? when the unce wa m th an $50 nd th r h f se d 'i h ithi 100 i h tat PHILADELPHIA PA pu pp ore e pu ase was ma e or w your s a c e n your ome s n m es o r c a Wr n If h ti l t th t if il d h f h 19162-4201 ing a ess. ( via ow or opera e merc an , or we ma sement m ai e e you t e adver or t e property or services, all purchases are covered regardless of amount or location of purchase.) Express Cash Information In Case of Errors or Questions About Your Electronic Transfers: If you think your Express Cash statement or receipt is wrong, or if you need more information about a transfer on the nt or r i ll 1 800-CASH-NOW it th th f tt t E C h dd W h m t d i ht pp or wr g ro ateme ece ca - e o e xpprress as a ress note e r . e must ear s to ou no later than 60 dayyss after we sent you the FIRST statement on which the error or problem appeared . yy WMn calling or writ ng please: • Tell us your name and account number. • Provide the dollar amount of the suspected error. • Describe the error or the transfer you are unsure of, and explain as dearly as you can why you believe there is an tint and will correct any error promptly. If we take more than 10 business dayyss to do this, we amount you think is in error, so that you will have use of the money during the time R takes have changed their bank account must contact us to obtain proper updating forms. Do not Credit Balance If a credit balance (designated 'CRS is shown on this statement, it repprresents money owed to you. You may make charges against the credit balance or request a refund. Requests for refunds should he made in wining to the Refund Unit at the Customer Service address noted to the right. S R s o- NMERIOW Pnpmed Fu ewaESS USA KOVE Cards Cardmember Values ? N- Page 7 of 8 3727-956484-81005 cio" o" July 13, 1998 New Places to Use the Card Please call us at The Old Spaghetti Factory 14800.5284800 with your suggestions of other For more than a generation families and friends have been coming places where you'd like to IWI here to enjoy our delicious food and charming atmosphere. see the Card accepted. Luby's At Luby's, the food is made the old-fashioned way, from scratch. It's the kind of food you'd make if you had the time. Over 230 locations. Kleine Super Market Kiein's Super Markets: Bel Air, Forest Hill, Aberdeen, Fest.@Bel Air. Our convenience is only exceeded by our quality services! Get 20% off any gift or flower purchase from 1-800 BIRTHDAY Save 20% on hundreds of creative ideas for every gift-giving occasion when you pay with the Card. 1-800 BIRTHDAY has great gifts including authentic historic newspapers, fresh-cut flowers and roses, gourmet food 'and wine, adorable personalized teddy bears, delicious cakes and desserts, balloon bouquets, gift baskets, even custom NO • birthday to ayyour grams-plus est g ftgivng questions and offers fast, has the answer convenient delivery anywhere in the country. Offer expires 10/31M. Discount does not apply to shipping and handling charges or sales tax, if any. This offer may be used only once. Pay Over Time with the Extended Payment Option The Extended Payment Option is designed to help you pay your outstanding American Expresso Card balance over time - using your Optima® Account. It's easy: (1) Look towards the back of your /41tflEii, OA111 Cardmember Statement to find the Extended Payment Option form. (2) Transfer any amount from $100 up to your Optima Account credit limit. (3) Sign the form and return it in the enclosed reply envelope. There's no fee for transferring balances and you'll receive the Optima Account's competitive interest rate. You must have both an American Express Card and an Optima Account to use the Extended Payment Option, and both accounts must be in good standing. To order a gift, call a friendly, professional Gift Counselor at 1-800 BIRTHDAY 1-800.247-8432)and mention code AX-04. Or visit our website at 1800bi thday.oom to review our gift catalog or to place an order online. For more information on the Extended Payment Option, call an American Express Representative at 800-528.4800. Fly to Ireland on Aer Lingus Travel to a European City for Free Call 1-8004RISH AIR , Starting Jul 15, Aer Un us invites you to Discover Ireland and Y g Y Be ond with EuroFree Purchase roundtri ticket to Irela d o A (800174 7428) for Urger details on how Aer Lingus t f 7 k y . p a n n er can ta e you o one o 1 Ungus for travel commencing September 15, 1998, and Aar Ungus European destinations for will take you to one of 17 European destinations for free. Just Aer Lingus #6 h d i b 9 S free. purc ase your roun p ticket y 8 with your tr eptember 15, 19 Hurry, over expres American Expresso Card. Call 1-800-IRISH AIR for further details. September 15, 1998. Offer based on minimum purchase of Speoial APEX Fare. Blackout u'arw and certain tens and conditions apply. Offer applies to North American originating passengers. Outbound - transatlantic travel must commence between September 15 - November 15, 1998, and must be completed by December 15, 1998. Appropriate taxes or other fees applicable to city or cities on itinerary must be paid by passenger. This offer is not combinable with any other discount or promotion. s Come Feel the Beat Beyond the Music in Nashville There has never been a better time to visit Music City USA. This s summer and fall, Nashville celebrates its legendary past and dynamic future at outdoor concerts, cultural events, new public gardens, J- internationally renowned restaurants, historic homes, great golf N)7C}??%IU? courses, a new arena and the Country Music Hall of Fame and ttr *? rr Museum. Now through October 15, when you use the Card in Nashville, American Express will help raise funds for "Bringing America's Music Home," the campaign to fund the building of a new Country Music Hall of Fame and Museum. This international landmark is a national model for the preservation of country music's heritage. Call today to plan your Nashville getawayl Call the Nashville Convention & Visitors Bureau at 615.259-4730 for a free visitors guide. Call the Country Music Foundation at 1-800.8526437 for information on the museum. Prepared Fn LISA KOVE 8 of 8 x M N? Page 3727-956484-81005 Make Someone Smile and Save i5%-with Flowers USA This summer, save 15% when you brighten someone's day with a special gift from Flowers USA. Whether you choose the freshest flowers, a delectable fruit basket, a lush plant, long-stemmed roses, aF or a festive balloon bouquet, if it's from Flowers USA, it's always the perfect gift. And you're guaranteed fast delivery worldwide. To save 15%, just place your order of $30 or more before December 31, 1998, and pay with the Card. e?«rs rmy,.- R 221-32" To place an order 24-hours a day, call Flowers USA at 1-800-225-3232 and mention code 565 to receive your 15% savings. Speed Up Your Gas Purchases with a FREE Mobil Speedpass'" Mobil Speedpass is the fastest way to get gas. No more searching for your card. No more waiting for authorization. You don't even have to take your American Express® Card out of your wallet. Mobil Moblr Speedpass uses state-of-the-art technology similar to that used on tollways, to let you instantly charge your gas purchases directly to the Card. Whether you choose a hand held key tag, or a conveniently' mounted car tag, you'll be out of the station faster than ever! Call today to receive your FREE Mobil Speedpass and mention code AMX03. Call 1.800-225.3232 today_ and make someone very happy! Call today at 1-800-459-2266 to enroll your American Express Card on Mobil Spx-e,ipuss (menEon wde AMX03), and you'll receive a free Speedpass. Mobil Speedpass. It's easy. It's fast. It's yours FREE! POWER OF ATTORNEY Lisa S. Kove, the "principal," of i81 Cedar Lane, Carlisle r;+, heLewi[h appoints Laurie Ulrich of 181 Cedar Lane, Carlisle, PA, as their attorney in fact, to act in the place and stead and with the same authority as Principal would have to do the following acts: To conduct any and all business regarding my deposit accounts, loans, safe deposit box, or other banking business in regard to the NFCU, WPAFB, and her own account for the management of my money. Bank, of NFCU in Washington DC, WPAFB in Dayton OH, and her back in Carlisle PA. This power shall specifically include, but is not limited to the right to deposit, withdraw, sign checks or drafts, make stop payment orders, and to conduct any banking transactions necessary or possible in regard to my banking relationship with the NFCU, WPAFB, and tier own account for the management of my money. Bank. To execute a deed or other instrument of conveyance conveying my interest in the following real property: for the procurement of both land, engineering, licenses, and construction in the Southern CA area To represent me before the Internal Revenue Service in regard to the following taxable years and returns: Forms: Form 1090 Years: 1997 and 1998 only To act for me in the regard to the following: to guide the real estate agent Jona Briggs on negotiations and to work with my accountant Mike Dix in developing my tax returns. This power of attorney shall be in effect from April 10, 1998 to December 199 unless revoked sooner. Kove, As Principe STATE OF Pennsylvania COUNTY OF USA Lisa S. Kove personally appeared before me and acknowledged the execution of this power of attorney for the purposes set forth therein. Dated: /0 s-ryrt.' c _ Notarial Seal - - I( Linda L 'Moore: Notary FiAllic - I' HamprlPr?'wp Gumberiand C.uunty *- Pfy Onnmmssfon eyp res Miay 13 t999 t d!1N-1Z-ul u-Kl ?. e:4 rbi lAKhid tKR % LJ1[1 ai. @AA Av. ii :s0 D4UU L. J` f I 1 ?^"J µ u u F( YI 'W WbWWWww NNyNNNNN c rsaaaaow Obwwb000 C'Ob?bOOa s?o©doWnc roYYYroYYV i a.?n a,"o.aas . lO 1O b40NIJ b[O •ww(q C6mawE6 :00000000 ?^»At,fAyJ{T P. C?c 5NY000Ef EfA Jr W..I WIl?aQQ??I,'(? ePONIaOO? P J?..rYi+r l+?.+s+ui.+?-+NUUrw+r a. nr?N VNNNNNNN °opo@oaq?aR wwsQ.e (°.r?+?'-.r ?iiG wr: `.?e +lwW W W WWW oOCpppW? 06300a?W OLy (]h. ppoo GpSG O a bbp@o n? ?O?Y9?,wY??Rr?QOCOA000?O? D. v1'j?i+1 +?r1 J..fJy+iti a1 .J jSS u } pp1O tAa(G ??pa {{ppKIO IOV?p V+O IO bIC WIR nR ? P 9WWwWMWWPWSWWC@WGGWMm M-- ?O000OOG00?a9D46aaa0 =Ca eaA P'm PPm nc?wP+in rJ?ursa ty i6 JNNN}V Nei\?iN Nr\W,?vpcNN NIW (?u? M TAWNN?NNNNay OeL WCtG +"OtpOa 16 TR tI`J'U[N LLLNbNlO bb W\p ?V.V ?? sas y.>.n ,..carer 43 a+a?? "m w w Q r W W '- W W W? 4? 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Harrisburg, PA 17105-1711 Member FDIC LAUREEN M ULRICH LISA S KOVE 25 REGENCY WOODS N CARLISLE PA 17013 Alltel Hoz icon Checking History 04/01/98 - 06/30/98 2 ACCOUNT Tr= Data TRAM BRANCH TELLER IRAN Running Balusee BATCH DISC 1 NUMBER CODE HUMBER ID AHT 9300 13ZOODG4S83 9B/04/01 25 32 132.40 132.40 0 TRANSFERRED PROM SAVINGS ACCT/ 13200004583 98/04/01 90 32 86-77 45.63 773010 CHECK 13200004583 98/04/01 90 32 30.66 14.97 181580 CHECK 13200004583 98104/01 90 32 14.97 .00 692570 CHECK 13200004583 98/04/02 25 32 3.03 3-03 0 TRANSFERRED PROM SAVINGS ACCTI 13200004583 98/04/02 90 32 3.03 .00 392890 CHECK 132000045B3 98/04/03 25 32 12.68 12.68 . 0 TRANSFERRED PROM SAVINGS ACCT; 13200004583 98/04/03 64 32 12.68 .00 7991 HONEY ACCESS SER/POS TRANS 672 13200004583 96/04106 25 32 73.44 73.44 0 TRANSFERRED FROM SAVINGS ACCTI 13200004583 98/04/06 90 32 68.44 S.00 471110 CHECK 13200004583 98/04106 90 32 5.00 -00 471120 CHECK 13ZOOD04583 98/04/07 20 32 0380 330.00 330.00 60431 CHECK DEPOSIT 0380 13200004583 98/04/09 90 32 107.48 222.52 472140 CHECK 13200004583 9B/04/09 90 32 51.10 171.42 32260 CHECK 13200004583 98/04/13 20 32 0044 1,000.00 1,171.42 12531 CHECK DEPOSIT 0044 13200004583 98/04/13 64 32 34.74 1,136.68 13459 HONEY ACCESS 'SHP/POS TRANS 444 13200004Se3 991^.4115 _ 32 ^6.18 J 1,030-52 10252 )CONEY JXrXSS SER/POS TRANS 444 13200004583 98/04/15 64 32 32.70 997.82 10253 HONEY ACCESS SIR/POS TRANS 006 13200004583 98/04/16 90 32 29.99 967-83 142480 CHECK 13200004583 98/04/16 90 32 500.00 467.83 570300 CHECK 13200004583 98/04/17 20 32 0329 500.00 967.83 73321 CHRCK DEPOSIT 0329 13200004583 98/04/17 64 32 165.37 802.46 7742 HONEY ACCESS SHR/POS TRANS 672 13200004583 98/04117 64 32 87-56 714.90 7741 HONEY ACCESS SHP/POS TRANS 002 13200004583 98/04/17 64 32 32.84 GB2-06 7746 HONEY ACCESS SHR/POS TRANS 673 13200004583 98/D4/17 64 32 19.99 662.07 7745 HONEY ACCESS SER/POS TRANS 672 13200004583 98104117 64 32 11.99 650.08 7740 HONEY ACCESS SEP/POS TRANS JCP 13200004583 98/04/17 64 32 7.63 642.45 7743 HONEY ACCESS S3R/POS TRANS 672 1320D004563 9B/04/17 64 32 2.50 639.95 7744 HONEY ACCESS 5ERIPOS TRANS 441 13200004583 98/04/17 90 32 41.31 598-64 641700 CHECK 13200004583 98/04/17 90 32 11.87 S86_77 102120 CHECK 13200004583 98/04/20 64 32 118.77 468-00 13117 HONEY ACCESS SER/POS TRANS 543 13200004583 98/04/20 64 32 87-41 360-59 13114 HONEY ACCESS SER/POS TRANS 100 13200004583 98/04/20 64 32 83.83 296.76 13116 HONEY ACCESS SER/POS TRANS 184 13200004583 98/04/20 64 32 $1.19 245-57 13112 HONEY ACCESS SIP/POS TRANS 671 13200004683 98/04/20 64 32 44.99 ZOO-58 13115 HONEY ACCESS SER/POS TRANS 672 13200004583 98/04/20 64 32 28.00 172.58 13113 HONEY ACCESS SER/POS TRANS 671 13200004563 98/04/20 64 32 4.10 168-48 13118 HONEY ACCESS SIP/POS TRANS S43 13200004583 98/04/20 64 32 3.70 164.78 13119 HONEY ACCESS SIRIPOS TRANS 672 13200004583 98104/20 89 32 40.00 124-78 244 NATL ACCEPTANCE/PAYMENT 13200004583 98104/24 75 32 25.00 99-78 0 SC TRANSFER 000005 AT $ O5. 13200004583 98104/27 25 3Z 37.39 137-17 0 TRANSFERRED FROM SAVINGS ACCTI 13200004583 98/04/27 53 32 20.00 117-17 22796 HONEY ACCESS SER/DDA TR1769_, 13200004583 98/04/27 64 32 42.32 -00 22795 HONEY ACCESS SISR/POS TRANS 445 13200004583 98/04/28 25 32 137.37 137.37 0 TRANSFERRED PROM SAVINGS ACCT/ 13200004583 98/04/28 64 32 49.79 e7-58 10939 HONEY ACCESS SIRIPOS TRANS 673 132000045e3 96/04/28 64 32 42.41 45.17 10936 HONEY ACCESS S3R/POS TRANS 164 13200004583 98/04/28 64 32 29.32 15.85 10937 HONEY ACCESS SER/POS TRANS 018 13ZOOD04583 98/04/28 64 32 15.85 -00 10938 HONEY ACCESS SER/POS TRANS 301 13200004583 98/04/29 20 32 0044 100.00 100.00 3771 CHECK DEPOSIT 0044 13200004583 98/04/30 64 32 43.48 56-52 21445 HONEY ACCESS S3R/POS TRANS 444 13200004583 98/04/30 64 32 10.18 46.34 21446 HONEY ACCESS SER/POS TRANS 441 13200004583 98/04/30 90 32 22.26 24-08 541260 CHECK Customer Service 1-800-232-6995 • Harris Access Lure (717) 731-1135 or TOLL FREE 1-800-327-7997 • w ..har issavingsbm9c,com [ANtIARMS S BANKERS Leaving Our Mark. °. Harris Savings Bank PO Box 1711 Harrisburg, PA 17105-1711 Member FDIC LAUREEN M ULRICH LISA S KOVE 25 REGENCY WOODS CARLISLE PA 17013 Alltal Horizon Chackiaq History 04101/98 - 06/30/90 2 ACCOUNT Iran Data TRAM BRANCH TELLER IRAN Aw inq Balance BATCH DISC 1 NUMBER CODE NUMBER ID ART sl08 13200004583 98/09/04 29 32 26.97 51_05 0 TRANSFERRED FROM SAVINCS ACCTS 13200004583 98/05/04 64 32 43.58 7.47 23343 HONEY ACCESS SHP/POS TRANS 002 13200004583 98/09/04 64 32 7.47 _00 23342 HOMEY ACCESS SIVIP09 TRANS 441 13200004583 99/09/06 25 32 51.00 51_00 0 TRANSFERRED FROM SAVINGS ACCTS 13200004583 98/05/06 53 32 50.00 1.00 9766 HONEY ACCESS SEP/DDA TR5407 13200004683 98/05/06 62 32 1.00 _00 11343 MONEY ACCESS SIP/ATM FIE 13200004583 98/05/15 20 32 0044 331.80 331_80 8751 CHECK DIFOSIT 13200004583 98/05/19 30 32 0380 25,000.00 25,331.80 54421 3203000174 XFIR 3200004583 13200004583 98105119 64 32 0052 1,000.00 24,331.80 6723 CASH WITHDRAWAL 13200004683 98105/19 S4 32 0380 50.00 24,281.80 54433 CASH WITHDRAWAL 13200004583 98106/20 54 32 0380 1,000.00 23,281_80 52193 CASH WITHDRAWAL 13200004583 98105120 90 32 126.30 23,155_50 762240 CHECK 13200004583 98105720 90 32 14.00 23,141.50 632840 CHICK 13200004583 98/05/22 90 32 2,000.00 21,141.50 13710 CHECK 13200004583 98105122 90 32 250.11 - 20,891.39 280790 CHICK 13200004583 98/05/22 90 32 53.18 - 20,838.21 264640 CHECK 13Z00004503 98/05/22 75 32 20.00 20,818.21 0 Sc TRANSFER 000004 AT f 05. 13200004583 98105126 54 32 0329 2,000.00 18,818.21 124113 CASH WITHDRAWAL 13200004583 98/05/26 90 32 2,936.33 15,881_.89 402250 CHICK 13200004583 98/05/26 90 32 $00.00 15,381.88 402330 CMcx 13200004583 98/05/26 90 32 222.00 15,159.88 432200 CHICK 13200004583 98/05/26 90 32 200.00 14,959_80 350790 CHICK 13200004583 98105026 90 32 134.00 14,025.08 731400 CHECK 13200004583 98/05/26 90 32 68.24 14,757.64 370340 CHICK 13200004503 99/05/26 90 32 8.48 14,749.16 660420 CHICK 13200004583 98/05127 90 32 1,329.12 13,420.04 291900 CHECK 13200004583 90/06101 53 32 201.-00 13,219.04 23022 HONEY ACCESS SIR/DDA TR3811 13200004593 98/06/01 53 32 51.00 13,168.04 13620 HONEY ACCESS SIR/DDA SAG028 13200004583 98/06/01 53 32 31.00 13,137.04 23021 HONEY ACCESS SHR/DDA SAGO28 13200004S83 98/06/01 54 32 0380 100.00 13,03704 164223 CASH WITHDRAWAL 13200004583 98/06/01 62 32 1.00 13,036.04 26230 HONEY ACCESS SIP/ATH FII 13200004583 98/06/01 62 32 1.00 13,035.04 27671 HONEY ACCESS SIRIATM FEE 13200004583 98106/01 62 32 1.00 13,034_04 27612 HONEY ACCESS SIR/ATM FEE 13200004583 98106102 64 32 244.66 12,789_18 14368 HONEY ACCISS SER/POS TRANS 596 13200004583 98/06/03 S4 32 0380 1,000.00 11,789.18 68343 CASH WITHDRAWAL 13200004583 98/06/03 64 32 200.34 11,588.84 10107 HONEY ACCESS SI1/POS TRANS 068 13200004583 98106103 64 32 45.00 11,543.84 10106 HONEY ACCESS SEI/POS TRANS 068 13200004583 98/06/04 54 32 0329 1,000.00 10,543.84 60213 CASH WITHDRAWAL 13200004583 98/06/04 64 32 144.68 10,399.16 11679 HONEY ACCESS SERIPOS TRANS 048 23200004583 98106/04 64 32 126.45 10,272.71 11680 HONEY ACCESS SIR/POS TRANS 518 13200004583 98106106 53 32 50.00 10,222.71 13614 HONEY ACCESS SIR/DDA TA6828 13200004583 98/06/00 64 32 175.63 10,047.08 13613 HONEY ACCESS SHR/POS TRANS 270 13200004583 98/06/08 64 32 104.95 9,942.19 13611 HONEY ACCESS SRR/POS TRANS 672 13200004583 98106108 64 32 100.96 9,841.17 13612 HONEY ACCESS SHR/POS TRANS 672 13200004583 98/06/08 64 32 12.68 9,828.49 22547 HONEY ACCESS SEP/POS TRANS 301 13200004583 98106109 64 32 271.25 9,557.24 8784 HONEY ACCESS SIR/POS TRANS 672 13200004583 98106109 64 32 56.30 9,500.94 8785 HONEY ACCESS SI1/POS TPANS 006 13200004583 90/06/09 64 32 7.39 9,493.55 8783 HONEY ACCESS SIR/ ROB TRANS 672 13200004583 98/06/10 53 32 71.00 9,422.55 9566 HONEY ACCESS SEPIDDA DZD8 13ZOOD04383 98/06/10 54 32 0044 1,000.00 8,422.55 5473 CASH WITHDRAWAL 13200004583 98/06/10 62 32 1.00 8,421.55 11251 MONEY ACCISS 52VATE III 13200004683 98/06/11 54 32 0329 1,155.00 7,266.55 50723 CASH WITHDRAWAL 13200004583 98106111 64 32 97.49 7,169.06 11782 HONEY ACCESS SEP/POS TRANS 048 13200004583 98/06/12 64 32 210.87 6,958.19 10806 HONEY ACCESS SHP/POS TRANS JCP 13200004583 98106/1Z 64 32 100.00 6,858.19 10805 HONEY ACCESS SEP/POS TRANS 444 13200004583 98106/1Z 64 32 70.70 6,787.49 10807 HONEY ACCESS SHP/POS TRANS $43 r .. r...r.... .... ..r :. .. r inn r: .n. rr? n..,.,.;,_ r.., ...... r;..,. r-?^.-,r nu .... .rev r ern n' r ••nn <-„ -n n- .... ..-r.rr:... ;., .an n.v .-,roe x??s BANKERS Leaving Our Mark. Harris Savings Bank PO Box 1711 Harrisburg, PA 17105-1711 Member FCIC LAUREEN M ULRICH LISA 5 KOVE 25 REGENCY WOODS N CARLISLE PA 17013 13200004683 98/06/12 64 32 61.14 6,726.35 10804 HONEY ACCESS SEP/POS TRANS 006 13200004583 98/06/15 20 32 0380 2,824.23 9,650.88 146981 CHECK DEPOSIT 13200004583 98/06/15 53 32 301.60 9,249.08 15548 HONEY ACCESS 321/DDK C96261 13200004583 98106115 64 32 0380 1,600.00 7,749.08 146993 CASH WITHDRAWAL 13200004583 98106116 62 32 1.00 7,748_08 27377 HONEY ACCESS SIR/ATM FEE 13200004583 98/06/17 64 32 277.96 7,470.13 10321 HONEY ACCESS S8R/POS TRANS 672 13200004563 98/06/17 90 32 25.00 7,445.13 190940 CHECK 1320OD045B3 98/06/18 64 32 54.67 7,390.46 11527 HONEY ACCESS SER/POS TRANS 543 13200004583 98/06118 64 32 44.46 7,346_00 11529 HONEY ACCESS SER/POS TRANS 005 13200004583 98106118 64 32 11.03 7,334.97 11528 HONEY ACCESS SER/POS TRANS 430 13200004583 98/06/18 90 32 238.48 7,096.49 43380 CHECK 13ZD0004503 98106119 64 32 62.50 7,033.99 9532 HONEY ACCESS SEP/POS TRANS 543 13200004583 98106119 64 32 42.90 6,991.09 3533 HONEY ACCESS SER/POS TRANS 672 13200004583 98.'06/22 54 32 0329 1,000.00 5,991.09 113553 CASH WITHDRAWAL 13200004583 98/06/22 64 32 110.13 5,880.96 23761 MONEY ACCESS SEP/POS TRANS 012 13200004583 98106/22 64 32 103.99 5,776.97 14187 HONEY ACCESS SER/POS TRANS 518 13200004583 98106/23 90 32 631.44 5,145.53 262320 CHECK 13200004583 98/06/23 90 32 145.61 4,999.92 201060 CHICK 13200004583 98106/23 90 32 36.84 4,963.08 183180 CHECK 13200004583 98/06/24 64 32 178.97 4,784.11 9317 HONEY ACCESS SHR/POS TRANS 048 13200004583 98106126 64 32 200.82 4575.29 11946 MONEY ACCESS SHR/POS TRANS 430 13200004583 98/06/26 64 32 105.60 4,469_69 11944 HONEY ACCESS SIWPOS TRANS 801 13200004583 98106126 64 32 20.71 4,448.98 11945 HONEY ACCESS Se R/POS TRANS 901 13200004583 98/06/29 64 32 62.01 4,386.97 32495 HONEY ACCESS SHR/POS TRANS 543 ('nefn mrr Ci r-. •irr 1.81114 ?i ?hOpS 6PirAa ?..-. I;,,, -?,ii _11;9 - T/lrl PRi7P LRW)L 1'7000 • «no.r he micv;iain P?hn nl: rnm n,?rc tc1? , sll BANKERS U2ving Our Marls. Harris Savings Bank PO Box 1711 Harrisburg, PA 17105-1711 Member FDIC LAUREEN M ULRICH LI SA S KOVE 25 REGENCY WOODS N CARLISLE PA 17013 Alltel Horizon Checking History 07/01/98 - 09/30/98 2 ACCDDNT Tran Dete THAN BRANCH TILLER TRAN Running Balance BATCH DISC 1 NUMBER CODE NUMBIR ID ART SIDE 13200004583 98/07/01 53 32 301.00 4,085.97 10921 HONEY ACCISS SIA/DDA ABU408 01 98 07 62 32 1.00 4,084.97 12641 ACCESS HONEY S8R/ATH RII 13200004583 / / 4 32 134 52 3,950.45 10919 HONEY ACCESS SHA/PO5 T TARNS 002 13ZOOD04983 98/07/01 6 32 . 42 37 908_08 3 10920 HONEY ACCESS SHR/POS TARNS 048 13200004583 96/07/01 64 20 32 0329 . 249.52 4 , 8,157.60 61271 CASH DEPOSIT 13200004583 98107102 , 81 92 075.68 8 10873 HONEY ACCESS SHR/PCS TRANS 012 13200004583 98/07/02 64 32 . 32 25 , 36 8 050 10874 HONEY ACCESS SER/POS TRANS 301 13200004583 96/07/02 64 32 . , . 13200004583 98/07/02 90 32 1,653.13 6,397.23 383180 CHECK 3 96 105 291.27 6 ...1d13r_ _HnurY ?_ C855 SHA/PO5 TAAH5 046 13_200004583 98/07103 64 2 . , 13200004583 98/07/06 93 32 101.00 6,133.62 13002 MOUSY ACCESS SIA/DDA TR3811 13200004583 98/07/06 54 32 0329 3,500.00 2,633.62 78283 CASH WITHDRAWAL 13200004583 98/07/06 54 32 0329 1,000.00 1,633-62 78273 CASH WITHDRAWAL 13200004583 98/07/06 62 32 1.00 1,632.62 24930 HONEY ACCESS S3P/ATK FIE 132000045B3 98/07/07 53 32 301.00 1,331.62 8278 HONEY ACCESS SER/DDA 7R7002 13200004563 98/07/07 62 32 1.00 1,330.62 9906 HONEY ACCESS 3ER/ATH FEE 13200004583 98/07/08 20 32 0380 3,303.00 4,633.62 53181 CHECK DEPOSIT 13200004583 98/07/08 53 32 201.50 4,432.12 9492 HONEY ACCESS SHS/DDA 1069A2 13200004583 98107/08 62 32 - 1.00 4,431.12 11073 HONEY ACCESS SEP/ATH FEE 13200004583 98/07/09 53 32 201.00 4,230_12 10795 HONEY ACCISS S8AIDDA PS0043 13200004583 98/07109 53 32 61.00 4,169.12 10796 HONEY ACCISS S8A/DDA SAG041 13200004583 98/07109 62 32 1.00 4,168.12 12S40 HONEY ACCESS S8E/ATH 721 13200004583 98/07109 62 32 1.00 4,167.12 12541 HONEY ACCISS SIHIATH FII 13200004583 98/07109 64 32 312.64 3,854.48 10794 HONEY ACCESS S8H/POS TRANS 430 13200004583 98/07/09 90 32 305.00 3,549.48 170710 CHECK 13200004583 98107110 53 32 101.00 3,448.48 6815 HONEY ACCISS. SIS/DDA D2DB 13200004583 98/07110 54 32 0329 1,275.00 2,173.48 85723 CASH WITHDRAWAL 13200004583 98/07/10 54 32 0417 50.00 2,123_48 121313 CASH WITHDRAWAL 13200004583 98/07/10 62 32 1.00 2,122.48 10732 HONEY ACCISS S8A/ATH FII 13ZOOD04583 96/D7/13 53 32 200.00 1,922.48 14238 HONEY ACCESS SER/DDA TR3519 13200004583 98/07/13 53 32 51.00 1,871.48 14237 HONEY ACCISS SIPI DDA P90057 13200004583 98/07/13 53 32 50.00 1,821.48 14239 HONEY ACCESS SIR/DDA TR1769 13200004583 98/07/13 62 32 1.00 1,820_48 26742 HONEY ACCESS SSH/ATH FEE 13200004583 98/07/13 62 32 1.00 1,819.48 26743 HONEY ACCESS SHR/ATH FIT 13200004583 98/07/27 20 32 0044 521.40 2,340.88 4671 CHICK DEPOSIT 13200004583 98/07/28 53 32 51.00 2,289.88 10906 HONEY ACCESS SSF/DDA AB0405 13200004583 98/07/28 S3 32 50.00 2,239.88 10905 HONEY ACCESS SER/DDA TRS407 13200004583 98/07/28 62 32 1.00 2,238.88 12610 HONEY ACCESS SER/ATH 721 13200004683 98/07/28 62 32 1.00 2,237.88 12611 HONEY ACCISS SIP/ATK FII 13200004583 98/07/28 64 32 27.15 2,210.73 10903 HONEY ACCISS S3H/POS TRANS 444 13200004583 98/07/28 64 32 13.20 2,197.53 10904 HONEY ACCESS SRP/POS TRANS 239 13200004SS3 98/07/29 64 32 39.79 2,157.74 14083 HONEY ACCESS SIR/POS TRANS 048 13200004583 98/07/29 64 32 18.10 2,139_64 14082 MONEY ACCESS SEA/POS TRANS 943 13200004583 98/07/29 64 32 6.34 2,133.30 14081 HONEY ACCISS SEA/POS TRANS 301 13200004583 98/07129 90 32 614.87 1,518.43 520670 CHECK 13200004583 98/07/29 90 32 139.63 1,378.90 350380 CHECK 13ZDDO04683 98/07/30 53 32 101.00 1,277.90 17484 HONEY ACCESS 331/DDA TX0396 13200004563 98/07130 62 32 1.00 1,276.90 19352 HONEY ACCESS SEP/ATH FIT 13200004583 98/07/30 64 32 54.31 1,222.59 17483 HONEY ACCESS SER/POS TRANS 048 13200004583 98/07/30 90 32 96.01 1,126.58 112840 CHECK 13200004583 98/07/31 64 32 27.30 1,099.28 15770 HONEY ACCISS SER/POS TRANS 054 13200004583 98/07/31 64 32 19.99 1,079.29 15771 HOMEY ACCESS SEH/POS TRANS 016 Cn.cfnmor tirrvir'r I-8110-2 i2?90i Pfa rrie \rrrsv Linn (?17) 7i1-I Iii nr T(ll I. I:RCC I-800-?27-799^ wtvw harriscavin4sh;ink.con? .. pot 3=.-n? R t1yTp1 ?. ••« L .?F 4 i F°:.L :yea: j !2 •??v?V??r?-, ?C-r '1•'?_ L?!i--?=t-'t S t.`? I l ? Le {." ? t r -• ; ..%.?F -a"c --- to -14 . N11 .. ,o rl_ . LAURIE 4t ULRICH 6n-7e38123I3 13 2 69i-MG 25 REGENCY WOODS CARLISLE„gfi1 t7Qi3? $'' '? _3 Q' ?y. : • . ? .. ...4/? [ t?fi35?` rhnordero ? _ i."? „ ( 3 A!'6•WY4'La >. i? , .,µ . ? ~ ratt? //\\ 7 77- "a. r .. .. Y ?x.1 .i.. s n. r ti z ? 3 t? i • HARfl IS SAYlINGS BANK'!:' ,, -, r For P'\ 5 ?.tY?? • F.{.CLW._? ^t 2 3 13 7 2 313 71: 3 200001. S8 3110 0 13 2 .'000000 1400.l' a 4,Q .... wS L Pk'' x y 5 ? r.. t i 1. i. .. .. 4 .. ? t -- ter [i 0?Syi4 G 105,-21&-'_? __? l f. , _ 3 `w rrrl Z Jm0 7 , MO) o00 LAURIE M. ULRICH i ' 69T-8580 -•- - 60- 7230/2313 - 137 25 REGENCY WOODS N. .A 'CARLISLE, PA -17013 _ ? avto _C r " I I _- L IC OTI TCf m { r . ti`s PII(ITS B«ue - ? A dgB?f?db4r583 C*UO 0380 032 140.tl0 O 55. A 00001 10 us loo OOCA ft**-* 0052961P# - Al 9ifAWAE @38{}-"' is 2 3 1 3 7 2 38 7l: 3 200004 58 311' 0 1 3 7 t'00000 1,0000,11 t7 ? A 60-7238/2313 - a M la 9 IN- L^ll"? ° € 1 1 t ?3T ?B Pf-1--`:;. t R ;;vn? 1`17r 4l +d Aiif 3 -1 .... k ? 1" I f rFt .X*i ,aii; o ? W ?g? ?.?- _ ?{-?i.•.. i " t F Lxj t E I . 1 k t _1, G x= r °1:2313723871:3200004583,1' 0 i40 11100000030661" f - wA, -. - m x .s "; - ? w -rJ a -n ? r ?+ to o d ea m ? I? W fri W r Y .. . - -1? o e.9 r o . na C ULRICH. e9i-asaO:a\?? t? t1AjSfSI^t, ZAY1MW:;.OANR a For h?,?r°S 4-cl 231372387C3 200004 58 3ul 0 i41 ,.: 141 OII6T5 LJ Dope - f N % + S I ? .k15:? ztn5a7 If ,11000000 3 20 L111 o - a mm ? ? -, .m an nTm -- ra - w-? za xca n ,? L r t . r. ? ? ?: "1 -?i' ° m n . ,? ,. .. , .. a_ : ? m - •, .• .rte i'.• n i ?. . :yJ< zz cr z ,I ? 77 y* t?D H T L I • MR OCU" Y * I. 0 WAL*MRT #188 " ALWAYS LOW PPICES * **86.77 y EIHT7=SIX A?lR_ r?OdC -r. -- --_----------- 77 T>?w? - HARRIS SAVINGS BA14K ?U 1: 2313723871: 320000458.3n0 0_y.4„2 g= ..0003 .6771'. - FRB Pp ILA?Ir?? n" °?t® o?W nZ:pm E _L'} jP-?!t co CD 4 RY cL .=vfia A :.} i.c?? 4tH r- y *ad?o -?? H 3 e -?, i a ?' ?5 ? act 9' -5t ? r s a 63-723872373 sN 143 ? 8 '"c?•?lil' OT(?2'F B{ b / 1 ! L! f1? mil' r3 {'? ??S b? A2 .t u/tt{?Ilf9 ??n Rk .. ti HARRIS $AYINS?'BANTC ?? A e/l_ nA `:1: 2 3 13 7 2 38 71: 3 20000 4 58 311' 0 14 3 1110000000 30 31" r RB- F'F3I I..A'?RtuF'C . 11.."5 5 'a 4 +e t ?` 5 T-.:r r"_' •.a -1'F r y M tj Sl C?i y I m c ' ?7 21 t- PHI LP* w r' :yc a '- RCPV7 (-y 03r ET .C2C Gzi ? R E 7 _ t y ' C ' s O _ . may 'i n- . 'v? ray %^ - J I I, 1 49 r.J t r 41 -< A? -sage - & * Y•}__ OLA oE M. ULRICH J c ; 60 7238/2313 e 91- : - 145 25 REGENCY WOODS N ' CARLISLE VA 77pt3 E-; 3 p j? ?1, - he d ( a - $ t or er of . ., . ?... • f HARRIS?SAVINGS -BANK In ?l COi?? •1'S ?l - - ? 3 . p For _ 0 (?? + hT 23 13? 2 38 71:3 200004 SB 311' 0 L 4 S 11'000000 S L LON" F . 03 AP 90' 15 1 VI f?? 5001 y DIME _ ?c's ? + ? ...e- '-?'vk.. .. A r..„I1?%: ?^."? _ Y4 ?. - Ci_L •t _ . . J f ' '98' 17 = s oP - 5900!?5?1?39'fl?= LAURIE M. ULRICH 691, 8560 25 REGENCY WOODS N aWSLE PA, X17013 e 16 ?0131 71 0 1000037 , CF. t '?t ?:WI71 z GE ma u y Y la) t :<60-7236/2313 ` 147 T 19M, IM f yx For ?? 2313723EIN3200004S83111 00,8 ,1'000000 2999,,' F?? ?•?_? YJOII6'Y,5 uoa.m m0.. '1: 23 L3723841:3200004583111 0151 ,000000L2630,i' .ZJ &€U€NLY WE UU ,. N.3 CARLISLE 0 T7QT3 ,?'„ g yy//55 //?: 5 B PY 1 F1* RCPC C?3S 0--0004 Q sc3;sa-aa-a '? 5 F, 3 ,n Y ?C i ay. ch ?y £;S 4 tt Y ?? ? pin 4"' ? F S 4'CiF p4 Yf L1L H F R ! ; :o n' i n?? n N ? gq p p?c {( ?? G. c4., VAQF_}4' B:FSBk'dP . ? ?. Wis. .- ?., « w .'• _ . T1 GJ z: T? r Xr tTl ^?^ n [7 rte} a ? ?r 1 U s .L N °M a. V, f.j [I- I m1 }d " . ?s aarlK' ' LAURIE M. ULRICH s ?. eo-izseizsla -8580 251REGENCY WOODS N. 153 $ .>C;, 6T5 { :a:23L372387i:3 200004 58 3ii' 0 L53 ,I'000000 5000,l, s LAURIE M. ULRICH 641.8580 - 68-7238/2313 157 ; 25 REGENCY WOODS N. ' CARLIr4t€ PA 170131, t r. z r s _ ate t cl .. „ s, a g w # CC s3 the order o4h 5:3 t ? bb , HARRIS SAYINGS BANK - ' e a ' b i F f 1. V Far _ --L?-?-[ i11 0 r M. 1: 23 13423871: 3 20000458311' OL57 1 / 00000053 L8o1 - ,x fro . HARRIS„ s g Or 52498 . CBS y'b = BE F`?B-PF3TLA. #*????i,IXEL} ??GY;55?C?S C5-?S-98 c n NO ,t 1 ? - _ - 4. J{?ja ? 1Y g 22 0 . d?9AAiA A{ i 23?3723871:3200004S831" OLS9 000DOi3400?' F? +'' E M. ULRICH ,. - - 691'-8580 60-7238/2313 - ,.160 25 REGENCY WOODS N. - v CARLISLE PA 17013 - - ,, 11 . ? t 5 (y 11 (??y _- - f q } Y d? u e 1_ 3 Y , l ? the order of '_:1 ?.. .? < ty?[/Q Ln co . ? ,y ., I 1C/OtILfTS ®ivai m ?? ? .HARRWS SAYINGS BANK ^^ `^^ f ;JA . 4P FOr 1: 23 13 7 23d?': 3 20 0004 58 3ii• 0 160 ,1 0000 200000 ' - [ 0161 -1'0000 29 36 3 3,0 b jM f_$2 7? 327 r,'.2%, Mil P r lMl LAURIE M ULRICN r` .. ... 60-7238/2313 • . 691-8580 25 RECENCY W,©Qt7SL ?. t? 't - •, ;-? r %ARCISCE, PA 17013 ,. j C{F7edI hM rlrf? _t 's C, .. ?i 7C-n 1 Asa ;a?a ! Ell: Tu, t ? E I T_ ... ` " hn _ $? ii z, A s . wok - vs Wn? d 1 ,J w LAIR[' x.?ULR1N ?T? € r 80-7238/2313x t .raw Qcttrc i zfr+5ss., o J +3+fi-?+?';-m .,? t+.,., <.?d` '? ? t! sus??""1 ._•S . 9 HARRIS SAVINGS BANK„,; 4-" "- r -1: 23 13? 2 38 71:3 200004 58 311' 0163 11'00000 2000011' LAURIE M. ULRICH ' 691-8580 -60-7238/2373 165 25 RECENCY WOODS N CARLISLE, PA 17813 1 1( 2 to - 1(- =f ? OR- x u ? n ?Ll ?EH\f P ?J?n«r B s HARRIS SAVINGS BANK - -• - l -- L - .. _ -_ .. - _ M 2 3 1 3 7 2 38 7 1 : 3 20000 L. 58 3114 O i 6 5 10 000000 2 500,11 > a y e v ? $ i __ CYlJ.Y.SkC Ctrt ? ?, E C? F_ _ !? E 4 L 1- f y c?1 -- ----- mom. ` co cn n cn rn JE M 27 u o m r- oooa B. 4 ?j '00.0 b i74?1!(1LC¢? /? !, age 0 16 7 1,400000 50000,' TI I?'1 2!3c Rat CRLCH 604M JU m Nnl V F? ,X23137238?1:32000045830 0L68 E1'0000000848El' s _P v k ' ?' L niyii L[•Ei 4 ^ ? c !n ?' a 00 e I ? `'s° ° rn m ?, ?? y?n?n? ? ? ?o• I 1: 2 3 13? 2 38 71:3 200004 58 31i' LAURtE M ULRfCH ?'^ , y., sp-F233F23 b9Y-8580 t , .? „ ' 1 8 3t ?1 .1 t 11 1 ?, ZS REGENCY bYOf7O5 N' ? s { ° .: CPSiYISLE PA ti OlT + t ?} t}?EF-T1l ? ?..1 4 e . `C ( LLV LO 4?` -f' g T ??Q ?Y4? r' •r F ?\'? Q,• ?? ? - { L/ , 1 J' g '° ` -_Gt `l.., r cat e a'r?E? Fu?S fir t Jdkr, ? HARRIS SAVk NGS BANK ` .y ?I?- I c :1 r D 1 Fm - L3723871:3200001.S83n' 0 1 71 1000000L4S6LL1` 3 r> 1 027 l Oi - CCtLECTi INGe ?K3 !t L.r S F-' W T,?' :('y-jR c .- 0 10 3 .? ? y? %LAURIE M. ULRICH 60-7233/2313 ` 172x: ; -691-8580 25 REGENCY WOODS N s ` `` - CARLISLE PA. {174}3 2 wx_ ":. ?} aY 3 - ace '.` g 3 I $ Lo 3 i , '4 (4 ,'.HARRIS SAVINGS BANK Fm M1fl 5$31I' 0172 °'0000063L441' A: 2313723871:3200004 00? 67141.1 00 1i?? s 02,'1.1§ ,184-.. 63,t, -44 0622299 0a0 7 _?08300t1036C 0256 ?NCBIT FAYEE Lou LR 07 3I33??CL7 SO 0368 ?g6 08t)r)t.03`6,' 95'23 ri.?3IL 1 Tt $k3n 2 6 LAURIE M. ULRICH 91 60-723ei2013 173 25 REGENCYWOODS N a-CARLISLE- PA 17013 x ?"` ?aEe ? 17 ?? S2 g nY or er of `t it W9 -the ord 3 (? `?y Y % HARRiS SAVflGS BANK ° For 633 a ? a6 r,? 1 - '?J a_Sc?Y ?-??Nr 1: 23 b37238?1:3 200004 S83111 0 L ? 3 11,0000003GaL,I" < _ ... _.. j > 122100024 CP DIT'TOACGOUNTOF _ bC 1 @a39?. '_ b6 2 '- 8 7C?: %YF v" Mr!k7UT 8SOE,8,66€ 55775577 1 E S>&4CEO LTD's I '- -OE) KY ; Ct8377 S 37 ENDORSEMENT -- C-US{21R- AN TE^_t7 BY BANK ON2, Ai NA > IZ21 v=v24< ' - talc ?•?• us,.. :.FYYY+? xPa_^ns'.Y. _°a:rvsvti=u_ ...v.._._..... '°1:23137 3 200004 58 30• 0 L ? S 11'00000 30 500.1' t LAURIE M. UERICH -: ,25TRECE CY WQ- N - 88-7238/2313 . ?+ t 8, x@ARL4SL€ A Vpl}?' a - 4F . i vy'F1 ? ay t .. eRrdzr ? nf i ? t LAURIE M UkR1CH x soazaerzala 691-8580 25 REGENCY NZhryOI?,.-shYc '` ".•• t ?.? y ^ ? .?.j, ,?"' J CARL15LE, PA 171513 ""b - ?aee d-e}'-! t v HARRIS SAYINGS 8A z ` 1:2313723871:3 200004 58 31" 008 .i'0000013953.1' 'V ?? ? E 3 S 35R a Q! Cs?3Ea 29 sae : ' 3 - w{ 3 ..`HA AG :t c u _ °sa°:Eti9333BANK fsAS 7TH A MARKET ST. o PHIMEiPIWA, ,A FIM T 01-Y FF&L 2-334M, f 530-5 lrwl CCFM ;6 av v~, k d J p ; I n --?:2313723871:320000458311' OL79 0 '0000030090?1' LAURIE M. ULRICH j 591-8580 -" 66-7238/2313 - - 1,80 qi. „ 25 REGENCY WOODS N. - -- ' r -, CARLISLEI?& 17013- -16 a ? a co p h d $ as o e?gr a ' ?t er of o-.? .,. ?., .. _ .. va. ,- - _- ......... ? _... -A 2 3 L3 7 238 71: 3,200004,58 3ti' 0180 .11000000 2 590,1' -!AG 98' 07 0 06 SAM cil VA"I All „; +u ZOOM BVI IT %0 7ummmm rv LAURIE M. ULRICH a ti ss ?23stials 181 691-8580 ns 25 REGENCY WOODS 's.yl CARL15d A..l.Ql t v,y-?Sr3r '0 X?? 5'tv' 2i? 'te •_' - l C ay to the order of, n - L 4` - r `,u`?^vkS 1? ? '? ? b e µa.- L IIaTS Np d y HARRIS AV"INGSkBANK 2 3 13 7 2 38 71: 3 200004 58 iiio 0181 91'00000006001' ??SloCf24sjo 08-10-9 12 la m ?c C-J O z ay V1,000001153411' ?w logo ? - -z x a, ?, AAUPUiN UEPUSIpAUR a z , ; LAURIE M. ULRICH 697 8500 - z 88 723812313 - --- L 25 REGEN CY WQODS N,- HAnMM 15AVING!} BANK - F,? Rent ` :. 1:231 723871: 3 20000458 3 n' 0201 1 v ,1'00000306002" i } ((d.?[??. yn .j S1 -' o I-am i F,. `1: 2313723871: 3 200004 513 3Ila 0183 I LAURIE M ULRICH 60-7258rie{3 3 - 691-858G } r,=' 25 REG€NCl' WOODS N r ' *ARUSL€ -. t 7053 ' ' ?^-? A • a R. ?uate '? .. z. n $, 5 a 4 _ -a. - i cv r ((???' ems t3Q3 .3 vQ ,?qq {{}} .. .{' ,t Q?`La r? r+ a r X if e? e a HAFiI fS AVINGS BANK . t. FmrRrb A5aGl.'?-? ` M rJ:2313723871:3 200004'58311' 0132 °00000014001{1 i tom. g' Tq' c t s ` rRB 1=PILA?.R ?y'C, . E,200135349' 05- 2G-1 ?-B 0 u? O_z O m ?U iO Cl) NX o OZ 3201.288 iTx.H APJD RETAIN THIS SSTAT E+Ma NT -r$ a,,CN%D CHECK IS iN -•YMENT OF ITE119 FP9GH;BEIi EELO'N. i- NOT iOrr R,EC.. F_EA5E NCTiF'! QS OROwFr[ MC, PEC IPT OS.IRED ?- DATE AeECRIFfiON AWCUNT 1 05-22-98 3203000174 CHECK WITHDRAWAL 350.00* ! CHECK MADE PAYABLE TO: it LAUREEN M ULRICx IL J dio5?-e (? 181 CEDAR LN V CARLISLE PA 17013 II 3201292 TACT! AND RETA,N THIS STATEMENT THE ATTACHE CHECK IS :N P,(MENT OF ITEMS DESK„519EO BELOVI. IF NOT CARNEC'. PLEASE ?OCIFY US PFOMPTi.Y t:0 REGNPT OE?IREC ATe -D -- DESCRIPTION A AMOUNT 06-22-98 3203000174 CHECK WITHDRAWAL 1 j I g7** * $74.97** CHECK MADE PAYABLE TO: LAUREEN M ULRICH 181 CEDAR LN ??.>f9a Ctj yck p CARLISLE PA 17013 ?i7+ I 2 I I . I I DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOf CORRECT, P 3201322 DATE LEASE NOTIFY DS p L 2 2EIPi BEEN DESCRIPTION AMOUNT 07-06-98 0000000000 32 ULRICH CHECK MADE PAYABLE T0: 0329 JACQUELINE VERNEY DETACH AND RETAIN THIS STATEMENT THE ATTacucn 1.11, 11 - --- **f3,500.00** 011, 3201290 DATE it rv?l wnntO 'LEASE NOTIFY US PROMPTLY. NO RECEIPT DES DESCRIPTION A MOUNT 06-22-98 3203000174 CHECK UITHDRAUAL CHECK MADE PAYABLE T0: O LAUREEN M ULRICH Jh ?1 181 CEDAR LN f / T , CARLISLE PA 17013 RED 3201291 DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRISED SELOW. IF NOT CORRECT, PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED DATE DESCRIPTION AMOUNT 06-22-98 3203000174 CHECK WITHDRAWAL **f11.153.18** CHECK MADE PAYABLE T0: LAUREEN M ULRICH 181 CEDAR LN CARLISLE PA 17013 "- ltW I _ NAVY FEDERAL CREDIT UNION GOLD MARK •x• TO CHANGE ADDRESS I INDICATE CHANGES ON REVERSE -r assel PAYMENT DUE . AMOUNT DUE DATE BALANCE ACCOUNT NUMBER ENCLOSED 0.00 0.00 08/03198 2,908.41 4060 4100 9018 1801 $ USE ENCLOSED ENVELOPE PLEASE COMPLETE AND ENCLOSE TOP PORTION AND MAKE PAYMENT TO: OF THE STATEMENT FOR PROPER CREDIT. LISA S KOVE 13465 {u{,{u{I{m?{m{?{,{uu{{n{,{,{{,,,{{u,{nt{{ 181 CEDAR LN NFCU CARLISLE PA 17013-7812 PO BOX 3500 MERRIFIELD VA 22119-3500 {„,?{{???{{{,III,t?{,I{{,{rrr0?, l{t„I?{„{,{{,I?rt„{{t„{{{ 0290841600000000406041009018180140604100901818011 ACCOUNT NUMBER CREDIT LIMIT AVAILABLE CREDIT , STATEMENT BILLING CLOSING DATE CYCLE PAYMENT DUE DATE MINIMUM PAYMENT DUE 4060 4100 9018 1801 13,000 9,924 07/09/98 30 08/03/98 5 0.00 "DAT E OF' : :. - - AANS; I POST. REFERENCE NUMBER CHARGES, PAYMENTS AND CREDITS SINCE LAST STATEMENT - AMOUNT 06/05 106110 1 2422638HD9F43KYJM WAL-MART 1886 MECHANICSBURG PA 53.90 06/05 06/10 2422638HDOF43KYJX WAL-MART 1886 MECHANICSBURG PA 58.84 06/07 06110 2422638HESF4SRG6M WAL-MART 1886 MECHANICSBURG PA 208.33 06/07 06/10 2424651HF66GQFDHQ TOYS R US 98315 CAMP HILL PA 535.57 06106 06/10 242650GHFS663274F CELLULARONEGREENSBORO NC 213.78 06109 06/11 244928OHH3EKXP2S9 VIDEO UPDATE #180 MECHANICSBURG PA 48.73 06/10 06/11 2430172HJELHTDZBN GIANT 9059 MECHANICSBUR PA 23.15 06/10 06112 2461044HJ2JSWGHBS THE DISNEY STORE #603 CAMP HILL PA 85.71 06115 06115 2469216HNOOA3K434 INTUIT'ELECTRNIC FILI 800-315-1481 CA 9.95 06/14 06116 2422638HN9F7PRFZ4 WAL-MART 1886 MECHANICSBURG PA 114.30 06/16 06117 2469216HPOOAKT3BV INTUIT *INTUIT 800-523-0397 CA 26.45 06/18 06/18 7406041HS1QPYTYP3 PAYMENT - THANK YOU 12,757.03- 06/24 06/28 2461044JI2LAFH462 HILLS STORE #107 CARLISLE PA 31.74 06/26 06/29 2424651J266EW4DRM TOYS R US #8310 YORK PA 131.96 07/03 07/06 2443565J95V3BZD7D DON CHARLES SUP SAL STR CAMPHILL PA 16.00 07/07 07/08 2405307JDFAY095B8 GUIDANCE ASSOC OF PA CAMP HILL PA 1,350.00 Send Billino Inauirfes To: NAVY FEDERAL PO BOX 3501 MERRIFIELD VA 221193501 - Telephone No. 7800-424-9990 RAZE 1250::°1a PVRCIIASE$ *;CASH ADVANCES: PREVIOUS BALANCE 12,757.03 PERIOD ONE PAYMENTS & CRc-DITS - 12,757.03 AVERAGE DAILY BALANCE 0.00 N/A PERIOD TWO ITEMIZED CHARGES + 2,908.41 AVERAGE DAILY BALANCE + 0.00 + 0.00 DE817 ADJUSTMENTS + 0.00 TOTAL AVERAGE DAILY BALANCE = 0.00 = 0.00 TRANSACTION FEE + 0.00 MONTHLY RATE x .1.042 ! x 1.042% FINANCE CHARGES + 0.00 FINANCE CHARGE = 0.00 = 0.00 NEW BALANCE = 2,908.41 You may pay the New Stance in whole of In part at any time. To avoid additional Hnence Charges on Purchase., you must pay the New Balance shown on this statement In full by the due date. We calculate Finance Charges on your account for each Cash Advance from the date we pod the Cash Advance [a ,Lour Account until the Cub Advance Is paid in full. If your New Balance an this statement includes any Cash Advance and you pay the entire New y your nod statement veil include a Finance Charge that eocme. an the Cash Advance from the closing date Gated above until the 7 2 Page 1 of 2 3679 0000 0014 0001 980709 13465 ' v N?AVDY??®???? r I OREDIr?T?U?NI L GOLD MARKWTO CHANGE ? ADDRESS SS / / INDICATE CHANGES ON REVERSE MINIMUM,.,-"- PAYMENT DUE PANT7,01.1111, Y, a;'AMOUNT," -,PAYMENT ? DUE DATE NEW - BALANCE ACCOUNT NUMBER 'ENCLOSED 0.00 0.00 08/03/98 2,908.41 4060 4100 9018 1801 S USE ENCLOSED ENVELOPE AND MAKE PAYMENT TO: PLEASE COMPLETE AND ENCLOSE TOP PORTION OF THE STATEMENT FOR PROPER CREDIT. uIllulllul'IUII'?Ilnu'1ulf1l'In1lI fill 11.11 LISA S KOVE 181 CEDAR LN NFCU CARLISLE PA 17013-7812 PO BOX 3500 MERRIFIELD VA 22119-3500 {111{II111I1I111111I{11?I1?111I{11I1111I'Illl?l111111111111{?? 0290841600000000406041009018180140604100901818011 ENJOY A GREAT SUMMER VACATION WITH YOUR NAVY FEDERAL VISA CARD. NO MATTER WHERE YOU GO OR WHAT YOU DO, YOUR NAVY FEDERAL VISA CARD GIVES YOU PURCHASING POWER WHEN YOU NEED IT THE MOST. ITS ACCEPTED AT OVER 14 MILLION LOCATIONS NOTICE: SEE REVERSE SIDE FOR IMPORTANT BILLING INFORMATION I / 5093 ECO 1 6 7 2 Page 2 of 2 3679 0000 =14 0001 980709 13465 LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. C20X - Veal Gr v11 LAUREEN M. ULRICH, Defendant ACTION--AT LAW 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 furtjher 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 TRUE COPY FR M RECORD in Tesffmony whe I utrto set ffN hm and #19 se of said Car ft, P!. They LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Utz - V P31 L.eu-X LAUREEN M. ULRICH, Defendant ACTION--AT LAW COMPLAINT 1. Plaintiff, Lisa S. Kove, is an individual residing at 4553 Thirty-fifth Street, San Diego, California. 2. Defendant, Laureen M. Ulrich, is a Pennsylvania resident, residing at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania. 3. At all material times, Plaintiff, Lisa S. Kove, was a resident of Pennsylvania residing either at 181 Cedar Lane, Carlisle, Cumberland County, Pennsylvania or the Domestic Violence Shelter, Carlisle, Cumberland County, Pennsylvania. 4. From January 15, 1998 to July 15, 1998, Plaintiff, Lisa S. Kove, entrusted Defendant, Laureen M. Ulrich, to manage her financial affairs. 5. In order to facilitate the management of her financial affairs, Plaintiff, Lisa S. Kove, provided Defendant, Laureen M. Ulrich, with a Power of Attorney. 6. During the period in question, Laureen M. Ulrich, appears to have misused the Power of Attorney and fraudulently converted or embezzled amounts in excess of $100,000.00, to wit: 7. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included the proceeds of a $75,000.00 loan from Plaintiffs Navy Federal Credit Union account. 8. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included charges of $2,520.13 on Plaintiffs Boscov's credit card. 9. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included the proceeds of a $3,000.00 refund from the Internal Revenue Service. 10. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included an $11,000.00 checking account overdraft on Plaintiffs checking account. 11. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included charges of $1,412.86 on Plaintiffs American Express credit card account. 12. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included $3,058.80 on Plaintiffs American Express credit card account. 13. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included charges of $2,908.41 on Plaintiffs Navy Federal Credit Union account. 14. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included charges of $175.40 on Plaintiffs British Petroleum Oil credit card. 15. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included charges of $150.27 on Plaintiffs Sunoco credit card account. 16. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included unpaid bill of $139.53 with creditor Country Manor West. 17. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included charges of $37.67 with Lamder Rising, Inc. 18. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included charges of $678.29 with Rex. 19. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included E-Ticket airfares of $484.00 and $1,193.00 and four tickets of $1,133.00 each. 20. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of! credit cards, fraudulent conversion, or embezzlement, included a 1993 Ford Aerostar van. 21. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included a 1994 Ford Escort four door. 22. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included in excess of $20,000.00 in the value of the trailer due to damages. 23. The amounts accountable through the apparent misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, or embezzlement, included other losses not enumerated above. 241. Plaintiff, Lisa S. Kove, has demanded that Defendant account to her for all the amounts due her including, but not limited to, the foregoing paragraphs 25. Defendant, Laureen M. Ulrich, has refused to account to Plaintiff for such amounts and has refused to pay her the amounts due on account of her activities. 26. There is due and owing to Plaintiff, Lisa S. Kove, from the Defendant, Laureen M. Ulrich, an amount of at least $100,000.00 for misuse of the Power of Attorney, misuse of credit cards, fraudulent conversion, and embezzlement, for which Defendant is bound to render an account to the Plaintiff in accordance with Plaintiffs rights at law. Plaintiff is unable to state the exact amount due her, as no account has ever been rendered to her by the Defendant. WHEREFORE, Plaintiff, Lisa S. Kove, respectfully requests this Honorable Court to enter an Order directing the Defendant, Laureen M. Ulrich, to account fully to the Plaintiff and demands a.judgment against the Defendant for the amount shown to be due to Plaintiff by such account. RECOVERY AND REPAYMENT 27. Paragraphs one through twenty-six are hereby incorporated by reference as if fully set forth below. 28. Upon information and belief, Defendant, Laureen M. Ulrich, appears to have misused the Power of Attorney, as indicated above, and fraudulently converted or embezzled amounts in excess of $100,000.00 from Plaintiff Lisa S. Kove. 29. Plaintiff Lisa S. Kove has demanded that Defendant repay all amounts fraudulently obtained or embezzled from Plaintiff. 30. Defendant has refused to repay any amount. 31. The amounts showing in the accounting, or determined as of the record, are due and payable to Plaintiff, Lisa S. Kove. WHEREFORE, Plaintiff, Lisa S. Kove, respectfully requests this Honorable Court find for Plaintiff and order Defendant to repay all amounts shown on the accounting or determined on the record to be due. Respectfully submitted, Law Office of James K. Jones, Esquire Z irk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 I verify that the statements made in this Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. -d't' - 15 Lisa S. Kove e a ?, _.. SHERIFF'S RETURN - REGULAR CASE NO: 2000-04831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOVE LISA S VS ULRICH LAUREEN M CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LAUREEN M the DEFENDANT , at 0013:35 HOURS, on the 1st day of August , 2000 at 25 N. REGENCY WOODS CARLISLE, PA 17013 by handing to KEITH ULRICH (HUSBAND) 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 Service Affidavit Surcharge 18.00 4.96 .00 10.00 .00 32.96 Sworn and Subscribed to before A day of me this 4 n So Answers: 0 R. Thomas Kline 08/02/2000 JAMES K. JONES By: Deputy Sherif v LISA S. KOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-4831 CIVIL CIVIL ACTION - LAW LAUREEN M. ULRICH, Defendant IN RE: NONJURY TRIAL ORDER AND NOW, this I ' day of May, 2003, a pretrial conference in the above captioned matter is set for Thursday, June 5, 2003, at 9:00 a.m. in the Chambers of the undersigned. BY THE COURT, Dirk Berry, Esquire For the Plaintiff Douglas G. Miller, Esquire For the Defendant Court Administrator ?e?• jr, 08-0 Am 1",?I k,JAY -8 LISA S. KOVE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000 - 4831 CIVIL TERM LAUREEN M. ULRICH CIVIL ACTION - LAW Defendant NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN, McKNIGHT & HUGHES V/ Dougla G. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Date: March 5, 2001 r, 1 'r( LISA S. KOVE Plaintiff V. LAUREEN M. ULRICH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 4831 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, this 5TH day of March, 2001, comes the Defendant, LAUREEN M. ULRICH, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Answer with New Matter to the Complaint filed by Plaintiff, LISA S. KOVE, averring as follows: 1. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph one (1) so they are therefore specifically denied and strict proof thereof is demanded at trial. 2. The averments of fact contained in paragraph two (2) are specifically denied. By way of further answer, Defendant currently resides at 25 Regency Woods North, Carlisle, Pennsylvania. 3. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph three (3) so they are therefore specifically denied and strict proof thereof is demanded at trial. 4. The averments contained in paragraph four (4) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 5. The averments of fact contained in paragraph five (5) are denied as stated. It is admitted that Plaintiff, upon her own initiative and without suggestion or coercion from Defendant, voluntarily drafted a Power of Attorney document that named Defendant as Plaintiff's agent. The remaining averments contained in paragraph five (5) are specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 8. The averments contained in paragraph eight (8) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 9. The averments contained in paragraph nine (9) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant does not even have any knowledge of any Internal Revenue Service proceeds. 10. The averments contained in paragraph ten (10) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant did not create an overdraft on Plaintiff's checking account. To the contrary, upon information and belief, Plaintiff mismanaged her own bank account and has a history of mismanaging her funds. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant never utilized Plaintiff's American Express credit card. 12. The averments contained in paragraph twelve (12) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant never utilized Plaintiffs American Express credit card. 13. The averments contained in paragraph thirteen (13) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 14. The averments contained in paragraph fourteen (14) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant did not make charges on Plaintiff s British Petroleum Oil credit card. To the contrary, upon information and belief, Plaintiff authorized and permitted another individual to utilize Plaintiff's credit card. 15. The averments contained in paragraph fifteen (15) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant did not make charges on Plaintiff's Sunoco credit card. To the contrary, upon information and belief, Plaintiff authorized and permitted another individual to utilize Plaintiff's credit card. 16. The averments contained in paragraph sixteen (16) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant is unaware of both the identity of Country Manor West and the nature of any alleged accounts with Country Manor West. 17. The averments contained in paragraph seventeen (17) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant is unaware of both the identity of Lamder Rising, Inc. and the nature of any alleged accounts with Lamder Rising, Inc. 18. The averments contained in paragraph eighteen (18) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant is unaware of both the identity of Rex and the nature of any alleged accounts with Rex. 19. The averments contained in paragraph nineteen (19) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant has never flown nor utilized E-Ticket airfares. To the contrary, upon information and belief, Plaintiff frequently flies and has a history of mismanaging her funds and purchasing airline tickets for herself and for others at her expense. 20. The averments contained in paragraph twenty (20) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant used Plaintiff's 1993 Ford Aerostar van at the explicit direction of Plaintiff for the transportation and care of Plaintiff's children. Upon information and belief, Plaintiff either retains ownership and possession of said vehicle, or sold the same and retained any proceeds therefrom. 21. The averments contained in paragraph twenty-one (21) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant never used a 1994 Ford Escort owned by Plaintiff. 22. The averments contained in paragraph twenty-two (22) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, any alleged damage to Plaintiffs trailer was the sole and direct result of the actions of Plaintiff and her children. 23. The averments contained in paragraph twenty-three (23) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 24. The averments of fact contained in paragraph twenty-four (24) are specifically denied and strict proof thereof is demanded at trial. 25. The averments of fact contained in paragraph twenty-five (25) are specifically denied and strict proof thereof is demanded at trial. 26. The averments contained in paragraph twenty-six (26) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, that Plaintiff is unable to account for various funds is not the result of any actions made by Defendant, but is to the contrary a direct result of Plaintiff s inability to properly manage her own funds. WHEREFORE, Defendant, Laureen M. Ulrich, respectfully requests this Honorable Court enter a judgment in her favor and against Plaintiff in this matter, Lisa S. Kove, together with reasonable costs. 27. The averments of fact contained in the Defendant's Answers above are hereby incorporated by reference as if fully set forth below. 28. The averments contained in paragraph twenty-eight (28) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 29. The averments contained in paragraph twenty-nine (29) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 30. The averments contained in paragraph thirty (30) are denied as stated. It is admitted that Defendant has refused to pay monies to Plaintiff because Plaintiffs inability to account for various funds is not the result of any actions made by Defendant, but is to the contrary a direct result of Plaintiffs inability to properly manage her own funds. 31. The averments contained in paragraph thirty-one (31) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant, Laureen M. Ulrich, respectfully requests this Honorable Court enter a judgment in her favor and against Plaintiff in this matter, Lisa S. Kove, together with reasonable costs. NEW MATTER 32. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 33. Plaintiff, upon her own initiative and without suggestion or coercion from Defendant, voluntarily drafted and signed a Power of Attorney document that named Defendant as Plaintiff's agent. 34. Defendant did not move in with Plaintiff and begin assisting in the care of Plaintiff's children until March 1998. 35. Plaintiff had other adult individuals living with her and her children on or about March 1998. 36. Upon information and belief, Plaintiff has a history of mismanaging her funds and bank accounts. 37. Upon information and belief, Plaintiff has a history of maintaining unpaid credit card balances, and then having to obtain loans from banking institutions or to request cash from relatives and other individuals in order to satisfy said credit card balances. 38. Plaintiff's mismanagement of her funds includes making expensive gifts of property and cash to third parties associated with Plaintiff. 39. Plaintiff's mismanagement of her funds also includes authorizing and permitting third parties to use and retain credit cards in her name. 40. Plaintiff's mismanagement of her funds also includes purchasing airline tickets for herself and for others at her expense for purposes not related to business, but for Plaintiff's pleasure. 41. Plaintiff never transferred ownership or exclusive possession of the 1993 Ford Aerostar van, the 1994 Ford Escort, or the trailer to Defendant. 42. At all times relevant hereto, Plaintiff directed and authorized Defendant to expend or transfer the proceeds of the Navy Federal Credit Union loan to Plaintiff for her personal use and enjoyment, such as gifts to third parties associated with Plaintiff, or for the care and expense of Plaintiff's children. WHEREFORE, Defendant, Laureen M. Ulrich, respectfully requests this Honorable Court enter a judgment in her favor and against Plaintiff in this matter, Lisa S. Kove, together with reasonable costs. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: IJ4?? id. *4 Douglas G. Wei, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: March 5, 2001 Attorney for Defendant VERIFICATION The foregoing Answer with New Matter on behalf of the Defendant, Laureen M. Ulrich, is based upon information which has been gathered by counsel for the Defendant in the preparation of this Answer. The statements made in this Answer are true and correct to the best of the counsel's knowledge, information and belief. The Defendant's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendants according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. D glas G. Mill er, Esquire Date: March 5, 2001 LISA S. KOVE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000 - 4831 CIVIL TERM LAUREEN M. ULRICH CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Dirk E. Berry, Esquire Law Offices of James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013 Date: March 5, 2001 IRWIN, McKNIGHT & HUGHES Douglas Miller, Esgwre re Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant woo LISA S. KOVE, Plaintiff V. LAUREEN M. ULRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-4831 CIVIL TERM ACTION--AT LAW PLAINTIFF'S ANSWER TO DEFENDANT' W MATTER AND NOW, comes Plaintiff, Lisa S. Kove, by and through her attorney, Dirk E. Berry, Esquire, and makes the following answer to Plaintiffs new matter, averring as follows: _ 32. This paragraph requires no response. 33. These averments of fact contained in paragraph 33 are specifically denied with regard to thc-statement that the Power of Attorney was without suggestion or coercion from Defendant ;ant aa_ct proof thereof is demanded at trial. It is acknowledged that Plaintiff provided !Defendant with a Power of Attorney as indicated in paragraph 5 of the Complaint. By way of fliTther answer and upon information and belief, Plaintiff avers that Defendant suggested the Power of Attorney option and subsequently misused the Power of Attorney when it was granted. 34. The averments of fact contained in paragraph 34 are specifically denied and strict ;)roof thereof is demanded at trial. By way of further answer and upon information and belief, Plaintiff avers that Jeffrey Moore, Defendant's paramour, moved in during the October- November, 1997 time frame and Defendant, Laureen Ulrich, moved in shortly thereafter. "'" °35. The averments of fact contained in paragraph 35 are specifically denied and strict grbof thereof is demanded at trial. By way of further answer and upon information and belief, D1r .+. Plaintiff avers that the only adult individuals living with Plaintiff in March, 1998 were Defendant and Jeffrey Moore, Defendant's paramour. 36. The averments of fact contained in paragraph 36 are specifically denied and strict proof thereof is demanded at trial. 37. The averments of fact contained in paragraph 37 are specifically denied and strict proof thereof is demanded at trial. 38. The averments of fact contained in paragraph 38 are specifically denied and strict . )t•oof thereof is demanded at trial. 39. The averments of mismanagement contained in paragraph 39 are specifically denied and sh.ct proof thereof is demanded at trial. By way of further answer, Plaintiff did authorize Defendant to make limited use of credit cards in Plaintiffs name. Defendant's apparent misuse of such credit cards is set forth in paragraphs 4 through 31 of the Complaint. 40. The averments of mismanagement contained in paragraph 40 are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff has no immvledge of any airline ticket purchases for Plaintiff, other than by Plaintiff with Plaintiffs own iioney. Plaintiff is not aware of any reason for Defendant to object to such purchases unless it was because such purchases deprived Defendant of the opportunity to fraudulently convert or embezzle those funds. 41. The averments of fact contained in paragraph 41 with regard to ownership and possession of the trailer are specifically denied and strict proof thereof is demanded at trial. ?lain+tiff acknowledges that she is still in possession of the 1993 Ford Aerostar and 1994 Ford ,w Esc6rt. However, by way of further answer, Defendant was responsible, through the Power of ,,5attorney, for payments on the vehicles which resulted in the apparent misuse of the Power of Attorney set forth in paragraphs 20 and 21 of the Complaint. By way of additional further answer with regard to the trailer and upon information and belief, Plaintiff avers that Defendant signed a bill of sale for the trailer, possessed the trailer for a period of time, and then abandoned Jhe trailer, without executing the bill of sale, leaving the trailer with significant damage as set forth in paragraph 22 of the Complaint. 42. The averments of fact contained in paragraph 42 are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff directed and authorized Defendant to expend and transfer Plaintiffs funds for the necessities of the house and the payment of necessary bills. Plaintiff agreed with Defendant that Defendant would live in Plaintiffs home and pay utilities with Plaintiffs funds in exchange for Defendant providing child .:arc, for Plaintiffs children. Never at any time did Plaintiff authorize Defendant to expend or transfer Plaintiffs funds for Defendant's personal use or for gifts to third parties. WHEREFORE, Plaintiff, Lisa S. Kove, respectfully requests this Honorable Court find for Plaintiff and enter a judgment against Defendant, Laureen A Ulrich, in this matter as set ,rth in the Complaint. Respectfully submitted, Dirk E?Be Berry, Esquire Supreme Court ID# 81947 Attorney for Plaintiff Law Office of James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 ..4 LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-4831 CIVIL TERM LAUREEN M. ULRICH, Defendant ACTION--AT LAW CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day the Plaintiffs Answer to Defendant's New Matter was served by first-class mail upon the following persons: Doug Miller, Esquire Irwin, McKnight and Hughes 60 W. Pomfret St. Carlisle, PA 17013 Date: 3 - ZG- O 1 Dirk E. Bevy, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 J C? ?4 rU ?_a Cj 'c S I LISA S. KOVE, Plaintiff V. LAUREEN M. ULRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-4831 CIVIL ACTION - AT LAW ORDER OF COURT AND NOW, this I • day of 5"4 , 2002, the within PLAINTIFF'S MOTION TO COMPEL DISCOVERY having been read, considered and Ordered filed, the Court hereby orders that a rule be and is issued upon the Respondent, Laureen M. Ulrich, to show cause, if any, why the Respondent should not be compelled to identify Laureen Uhich's mother as requested by Petitioner in Interrogatory Lb of PLAINTIFF'S FIRST SET OF INTERROGATORIES TO AND REQUEST FOR ADMISSIONS FROM DEFENDANT, said rule to be returnable within 2 0 days of service of the date of this order. By the Court, Douglas G. Miller, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Dirk E. Berry, Esquire } a( C< ?- 0.2, oL 7 Irvine Row Carlisle, PA 17013 , LISA S. KOVE, Plaintiff V. LAUREEN M. ULRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-4831 CIVIL i ACTION - AT LAW MOTION TO COMPEL DISCOVERY AND NOW, comes Lisa S. Kove, by her attorney, Dirk E. Berry, Esquire, and respectfully avers as follows: 1. Petitioner/Plaintiff Lisa S. Kove, served PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR ADMISSIONS FROM DEFENDANT (hereinafter: PFSI) upon Laureen M. Ulrich on or about January 22, 2002. 2. Respondent served DEFENDANT'S ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR ADMISSIONS (hereinafter: DAPFSI) on or about February 20,'2002. 3. In Petitioner's PFSI, Petitioner requested Defendant identify Laureen Uhich's I mother. 4. "Identify" was defined in the PFSI, Paragraph D.1, as being the person's full name; present or last known business and residential address; present or last known position, business affiliation and job description; and position, business affiliation, and job description at the time in question with respect to the interrogatory or other request involved. 5. In Respondent's DAPFSI, Respondent objected to the request to identify Laureen Uhich's mother and withheld all information including her name and current address. 6. Petitioner discussed material items at issue, in the above captioned matter, with Laureen Ulrich's mother. 7. Petitioner believes, as a result of these discussions, that Laureen Ulrich's mother possesses knowledge of material facts in question including, but not limited to, Laureen Ulrich's authority to manage the financial affairs of Petitioner, during the period in question and also knowledge of specific disbursements that show Respondent's control over Petitioner's financial affairs and financial accounts. 8. Accordingly, Petitioner believes,,and therefore avers, that Respondent Laureen Ulrich's mother's name and address etc., is material to the above captioned matter and release of the requested information in PFSI interrogatory number Lb is necessary to allow sufficient contact with Laureen Ulrich's mother to provide for her testimony in the above captioned matter on behalf of Petitioner/Plaintiff Lisa S. Kove. WHEREFORE, Petitioner Lisa S. Kove, respectfully requests this Honorable Court to issue a rule upon Respondent to show cause, if any why Respondent should not be compelled to identify Laureen Uhich's mother as requested in interrogatory Lb, and defined in paragraph D.1, of Plaintiffs First Set of interrogatories to and Request for Admissions from Defendant. Respectfully submitted, Date: 6 -2 t/-y - .2-Dirk E. Berry, Esquire Attorney for Plaintiff/Petitioner 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 I verify that the statements made in this Petitioner's Motion to Compel Discovery are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. A L rk E. Berry, Esquire LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-4831 CIVIL LAUREEN M. ULRICH, Defendant : ACTION - AT LAW CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day PLAINTIFF'S MOTION TO COMPEL DISCOVERY was served by First Class Mail postage prepaid upon the following persons: Douglas G. Miller, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Date: 6 -?2S , o 2 Dirk E. Berry, Esquire Attorney for Plaintiff/Petitioner 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. ( X ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) LISA S. KOVE (Plaintiff) VS. LAUREEN M. ULRICH (Defendant) VS. ( X) Civil Action - Law ( ) Appeal from Arbitration 00-4831 The trial list will be called on Tune 10, 2003 Trials commence on July 7, 2003 Pretrials will be held on dune 18, 2003 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 4831 Civil 43J 2000 Indicate the attorney who will try case for the party who files this praecipe: Dirk E. Berry, Esquire Indicate trial counsel for other parties if known: Douglas G. Miller, Esquire This case is ready for trial. Signed: Print Name: Dirk F.- Rerr)! _ F.C(Tr7 i rP Date: Y-30 - 03 Attorney for: Plaintiff z O c rn LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : 00-4831 CIVIL : CIVIL ACTION - LAW LAUREEN M. ULRICH, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held this date were Dirk E. Berry, Esquire, attorney for the plaintiff, and Douglas G. Miller, Esquire, attorney for the defendant. The plaintiff's complaint seeks an accounting from the defendant for repayment of funds which were purportedly mishandled or converted during a time when the defendant was power of attorney for the plaintiff. The threshold question for an initial hearing is whether an accounting ought to be directed and, if so, how it should be undertaken procedurally. Hearing is currently set for Thursday, August 7, 2003, at 9:30 a.m. Mr. Berry will attempt to arrange for testimony of the plaintiff by video conferencing. If this is not feasible, the plaintiff will be required to appear live. June 5, 2003 "'/ /j, LL A. Hess, J. Jllirk Berry, Esquire Ke ' For the Plaintiff //Douglas G. Miller, Esquire For the Defendant J p Court Administrator i? :rhn „r CCN+y'r'E?N 1L?;A+`iA ?? ?,? LISA S. (ROVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Q0 20? V. : CIVIL ACTION - LAW 7UVI LAUREEN M. ULRICH., : NO. 2000 - 4881 CIVIL TERM Defendant ORDER AND NOW, this 1.3a day of , 2003, upon consideration of the foregoing motion for continuance and in light of the concurrence given by both parties to the request, the hearing scheduled for October 24, 2003 is hereby continued and a hearing is thereafter scheduled for ?7-0? day of ' 20V , at _J: 30 o'clock ck. m. in Courtroom 4 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: Z,• /?4" A. Hess, J. Distribution: V6i1 k E. Berry, Esquire (for the plaintiff) ?.^^l ?ug Miller, Esquire (for the defendant) ?lathan C. Wolf, Esquire (for the movant) 10 -13.03 OF ,RY J?jJILI?I IL.." JY•.i: PcNiNSYLANIA, NATHAN C. WOLF, ESQUIRE ATTORNEY III NO. 87380 64 SOUTH FITT STREET CARLISLE PA 17013 (717) 2434090 ATTORNEY FOR WITNESS LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LAUREEN M. ULRICH., : NO. 2000 - 4831 CIVIL TERM Defendant MOTION FOR CONTINUANCE AND NOW comes Jeffrey Moore, a witness subpoenaed by the plaintiff to testify in this matter, by counsel, Nathan C. Wolf, Esquire, and presents to the Court to following in support of his request for a continuance: 1. The plaintiff, Lisa S. Kove, by her counsel, Dirk E. Berry, Esquire, issued a subpoena upon the movant on or about July 3, 2003, to appear and testify before the Court at a hearing scheduled to occur on August 7, 2003 at 8:30 o'clock a.m. at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. Movant did appear as ordered with his counsel, Nathan C. Wolf, Esquire, and was prepared to provide testimony to the Court in the scheduled proceedings. 3. Due to difficulties with technological devices in the courtroom that would have permitted the plaintiff to observe and participate in the proceedings via video- conferencing, the hearing was postponed to a date that would permit the plaintiff, who resides in California, to actually be present in the courtroom. 4. The matter was ultimately rescheduled for hearing on October 24, 2003 at 9:00 o'clock a.m. before this Court. 5. Movant is in a relationship with a woman who is due to give birth on or about October 26, 2003. 6. Movant, due to serious health concerns for both mother and child, will be responsible for the primary care of the infant child upon the child's birth. 7. Furthermore, Movant has had to seek assistance of law enforcement and medical professionals to prevent mother from engaging in potentially self-injurious behavior which poses a risk to the health and welfare of both mother and child. As a non-party witness to these proceedings, Movant seeks a continuance to permit him to devote his full attention and resources to the care of both mother and child during the period of time immediately surrounding the birth of the child. 9. If forced to testify on October 24, 2003, Movant fears that the level of stress caused by his appearance in court, coupled with the existing level of stress related to his responsibilities to his child and to the child's mother would effectively diminish his ability to offer testimony regarding the events at issue which occurred more than five (5) years ago. 10. Movant has sought and obtained the concurrence of both plaintiff and defendant through their respective counsels, in this request for a continuance, as required by Local Rules of Court. WHEREFORE, Movant Jeffrey Moore, a witness subpoenaed by the plaintiff in this matter, through his counsel, prays that this Honorable Court grant his motion and continue the hearing scheduled for October 24, 2003 until a date and time which is suitable to the Court and which will permit the attendance of all parties and their respective counsels. October If , 2003 i V. ..., V. , VWV w LAW OFFICE ne Court ID #87380 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Attorney for Jeffrey Moore ? °, ° n ,T? ??? . ? m._• --? ?. t? ? { C ) L< •: .-'it ? ?" Z r- py ? '1 W i_, T'?' < r? ?O " Y f LISA S. KOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND V. NO. 2000-4831 CIVIL TERM LAUREEN M. ULRICH, Defendant : ACTION - AT LAW AMENDMENT TO PLAINTIFF'S PRE-TRAIL MEMORANDUM Please amend Plaintiff's Pre-trail Memorandum to add the following individual to Plaintiff's (paragraph five) identity of witnesses to be called; Ronni Kove 379 Pin Oak Lane Carlisle, PA 17013 Respectfully submitted, P-jr ? Dirk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 R'E O CUL1,,;-J-'_ r,;;U t :UUNTY r FNNSYI VAN!A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA S. KOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-4831 CIVIL TERM LAUREEN M. ULRICH, Defendant ACTION - AT LAW CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Petitioner's Amendment to Plaintiff's Pre-trial Memorandum was served by First Class Mail, postage pre-paid upon the following persons: Douglas G. Miller, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Date: 7- 7-03 Dirk E. Berry, Esquire Attorney for Defendant/Appellant 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 LISA S. KOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-4831 CIVIL CIVIL ACTION - LAW LAUREEN M. ULRICH, Defendant ORDER AND NOW, this F ` day of August, 2003, it appearing that necessary arrangements had not been made for video conferencing and that a hearing cannot be conducted this date, this matter is continued to Friday, October 24, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA, at which time plaintiff will be able to be present in this jurisdiction. .&k Berry, Esquire For the Plaintiff ,?5ouglas Miller, Esquire For the Defendant Court Administrator _ 4-0 4?, d BY THE COURT, . -1 Ke ' Hess, J. 01.07 .03 d Am 0- CUM.") F N (LiYANA , 1 LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-4831 CIVIL LAUREEN M. ULRICH, Defendant : ACTION - AT LAW TO THE PROTHONOTARY: PRAECIPE Please withdraw my appearance for the Plaintiff in the above captioned case. I will no longer be employed by the Law Office of James K. Jones, Esquire, effective January 30, 2004. Date: January 14, 2004 -- -- irk E. Berry, Esquire Please enter my appearance for Plaintiff in the above captioned case. This is not a change in law firm representing Plaintiff. Plaintiff continues to be represented by the Law Office of James K. Jones, Esquire. Date: ? T. C :P N p _ LISA S. KOVE, Plaintiff V. LAUREEN M. ULRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-4831 CIVIL ACTION - AT LAW PLAINTIFF'S PRE-TRIAL MEMORADUM The action at law for an accounting is actually two actions, and the only judgment which may be entered in the first action is a judgment that a party is liable to account. Such ajudgment may be entered on the pleadings. Standard Pennsylvania Practice 2d Vol. 14 §81:15 citing Houdak v. Walter G. O'Connor Co., 1 D. & C. 3d 317, 322 (1975). Since the only question at issue upon the original trial is whether the Defendant is liable to account, the amount for which he or she may be liable is not, at that time, an issue and may not be adjudicated in the first stage of an action at law for an accounting. Standard Pennsylvania Practice 2d Vol. 14 § 81:15 citing Clark v. Essex Wire Corp., 361 Pa. 60, 63 A. 2d 35, 36 (1949). 11 BASIC FACTS AS TO LIABILITY Most of the basic facts as to liability appear to be contested. However, the liability at issue in the first part of the two-part accounting action is the liability to render an account. This liability can arise if an individual has a responsibility, as a trustee, for the property of another, or has a fiduciary responsibility to another. Lisa Kove intends to show that a fiduciary relationship existed whereby Defendant, Laureen Ulrich, had control of both funds, and resources of Lisa Kove. Defendant gained this authority, and consequently fiduciary responsibility, by Defendant's possession and use of a power of attorney, executed by Lisa Kove, and by the parties' verbal agreements, some of which may have arisen to level of oral contracts. Further, Plaintiff intends to show that Defendant did in fact make expenditures, and disbursements, of Plaintiffs funds, and resources, to persons, and entities, unknown or partially known thereby giving rise to a duty to account. It is anticipated that a second pre-trial memorandum will proceed the second part of the two-part accounting trial process. To the extent that an overview is desired at this time, the basis of liability for the second part of the accounting process is the misuse, if any, of the power of attorney or fiduciary responsibility as proved at trial following an analysis of the accounting received from the first part of the two-part accounting trial process. 2) BASIC'. FACTS AS TO DAMAGES It is Plaintiffs understanding and belief that damages are not at issue in the first part of the two-part accounting process. Lisa Kove has limited knowledge as to the expenditures and disbursements that were made during the subject time frame. Miss Kove has initiated the instant action to obtain an accounting so that she can review the expenditures and disbursements that were made and thereby ascertain what damages, if any, are appropriate. At this time, Lisa Cove anticipates that the damages will exceed one hundred thousand dollars ($100,000.00) with the most significant items being a seventy-five thousand dollar ($75,000.00) Navy Federal Credit Union check, a checking account overdraft in excess of eleven thousand dollars ($11,000.00), airfare tickets in excess of five thousand dollars ($5,000.00), and trailer damages estimated to be in excess of twenty thousand dollars ($20,000.00). 3) PRINCIPAL ISSUES OF LIABILITY AND DAMAGES FOR THE FIRST PART OF THE TWO-PART ACCOUNTING PROCESS: a) Whether Laureen Ulrich has a duty to account to Lisa Kove for expenditures and disbursements made, and damages to property that occurred while Laureen Ulrich was acting with fiduciary responsibility that arose from a power of attorney, executed by Lisa Kove, and/or under fiduciary responsibility that arose from the parties' agreements. Suggested answer: Yes. FOR THE SECOND PART OF THE 2-PART ACCOUNTING PROCESS: Whether Laureen Ulrich misused the power of attorney, executed by Lisa Kove, or abused her fiduciary responsibilities, and thereby damaged Lisa Kove. Suggested answer: Reserved until the second part of the two-part accounting process and until such time as the accounting from the first part has been received and analyzed The second issue for the second-part is the amount of damages, if any. Suggested answer: Reserved until the second part of the two-part accounting process and until such time as the accounting from the first-part has been received and analyzed. 4) LEGAL I UES Plaintiff does not anticipate any issues arising regarding admissibility of testimony, exhibits, or admissibility of any other matter. Lisa Kove anticipates that all testimony which she intends to offer in her case-in-chief is routinely admissible. Further, Lisa Kove anticipates that all exhibits will be properly authenticated by one, or more, of the several witnesses she intends to call and that there should be no legal issues arising regarding admissibility of exhibits. 5) IDENTITY OF WITNESSES TO BE CALLED. Lisa S. Kove, Plaintiff 4553 Thirty-fifth Street San Diego, CA Jeffrey Moore - Friend or Acquaintance of both parties 57 S. High Street Newville, PA Laureen M. Ulrich - Defendant (as on cross) 25 Regency Woods North Carlisle, PA 17013 Keith Ulrich - Husband of Defendant (as on cross) 25 Regency Woods North Carlisle, PA 17013 Myron Kove, Esquire - Father of Plaintiff 685 Third Avenue, 30th Floor New York, NY 10017 Notary Public - Individual who Notarized the Power of Attorney, Executed by Lisa Kove Name and Address to be determined Harrisburg, PA 6) LIST OF EXHIBITS 1) Copy of seventy-five thousand dollars ($75,000.00) Navy Federal Credit Union (NFCU) check, endorsed by Defendant Laureen Ulrich. 2) Copy of check withdrawal receipt #3201289, dated June 22, 1998 made payable to Laureen Ulrich in the amount of one thousand two hundred twenty-four dollars and seventy-four cents ($1,224.74). 3) Copy of IRS documents showing refund due in the amount of/or about three thousand dollars ($3,000.00). 4) Copy of Checking account ledger/statement showing overdraft in excess of eleven thousand dollars ($11,000.00). 5) Copy of American Express Gold Card account #3727-956484-8105 and Optima Card account #3737-186314-81005 invoice showing past due and new bill charges in a total amount of one thousand four hundred twelve dollars and eighty-six cents ($1,412.86). 6) Copy of American Express Government Card account statement showing payment of three thousand fifty-eight dollars and eighty cents ($3,088.80) to Government account #3783-744165-81000. 7) Copy of Navy Federal Credit Union statement showing new itemized charges of two thousand nine hundred eight dollars and forty-one cents ($2,908.41). 8) Copy of BP Oil Company Gas Credit Card account #033-212-512-9 statement showing one hundred seventy-five dollars and forty cents ($175.40) in charges. 9) Copy of Sonoco Credit Card statement for account #5007 1671411 showing previous balance of six hundred thirty-one dollars and forty-four cents ($631.44), payment/credits of six hundred thirty-one dollars and forty-four cents ($631.44) and new purchases of one hundred fitly dollars and twenty-seven cents ($150.27). 10) Copy of Navy Federal Credit Union Shares Savings Account -003 account #1567769-003 showing beginning balance of one thousand five hundred thirty-three dollars and forty-six cents ($1,533.46) as of June 22, 1998. 11) Copy of letter from Country Manor West to Lisa Kove indicating that as of July 21, 1998 that there a past due balance of one hundred thirty-nine dollars and fifty- three cents ($139.53). 12) Copy of sales draft from Lambda Rasing, Inc. showing invoice/sale amount of thirty-seven dollars and sixty-seven cents ($37.67). 13) Copy of receipts and letter from American Express related to National Car Rental and use of American Government Credit Card in the amount of one eighty-seven dollars and forty-six cents ($187.46). 14) Copy of Rex Television and Appliance Centers invoices in the amount of one hundred eighty-seven dollars ($187.00) and in the amount of six hundred seventy-eight dollars and twenty-nine cents ($678.29). 15) Copy of E-Ticket Air receipt and itinerary statements showing total ticket prices of four hundred eighty-four dollars ($484.00) and one thousand one hundred ninety-three dollars ($1,193.00). 16) Copy of various documents relating to proof of ownership and insurance for the 1993 Ford Aerostar Van and 1994 Ford Escort four door, if necessary. 17) Plaintiff reserves the right to amend the above list and add additional documents as exhibits for the second-part of the two-part accounting procedure should the accounting, or trial testimony, indicate need for same. 7) CURRENT STATUS OF SETTLEMENT NEGOTIATIONS. Currently, Defendant appears to be denying all liability. Defendant appears to have admitted to the existence of the Power of Attorney and the seventy-five thousand dollar ($75,000.00) Navy Federal Credit Union (NFCU) check, but has maintained that all her actions were appropriate. However, Defendant steadfastly refuses to give any even remotely useful accounting for where the considerable funds were expended. Hence, this instant action. Respectfully submitted, AR Dirk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-4831 CIVIL LAUREEN M. ULRICIL Defendant : ACTION - AT LAW CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Plaintiff's Pre-Trial Memorandum was served by First Class Mail, postage pre-paid upon the following persons: Douglas G. Miller, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Date: 5 - 30 - 03 zi Dirk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 GOLDBERG, KATZMAN & SHIPMAN, P.C. Neil E. Hendershot, Esq. (I.D. #23316) John DeLorenzo, Esq. (I.D. #72190) 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counset for Defendant COUNTRY MEADOWS ASSOCIATES, : IN THE COURT OF COMMON PLEAS a Pennsylvania Organization d/b/a : CUMBERLAND COUNTY, PENNSYLVANIA COUNTY MEADOWS OF WEST SHORE AT TRINDLE CORNERS, NO. 03-6367 Civil Term Plaintiff, V. JOHN E. MESSIMER, Civil Action - Law Defendant. Jury Trial Demanded NOTICE TO PLEAD TO: Country Meadows Associates c/o Chadwick O. Bogar, Esq. Kennedy Bogar, LLC P.O. Box 959 Camp Hill, PA 17011-0959 You are hereby notified to file a written response to the enclosed "Preliminary Objections by the Defendant to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: o renzo, Esquire DATE: d(,/.y GOLDBERG, KATZMAN & SHIPMAN, P.C. Neil E. Hendershot, Esq. (I.D. #23316) John DeLorenzo, Esq. (I.D. #72190) 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant COUNTRY MEADOWS ASSOCIATES, : IN THE COURT OF COMMON PLEAS a Pennsylvania Organization d/b/a : CUMBERLAND COUNTY, PENNSYLVANIA COUNTY MEADOWS OF WEST SHORE AT TRINDLE CORNERS, NO. 03-6367 Civil Term Plaintiff, V. JOHN E. MESSIMER, Civil Action - Law Defendant. Jury Trial Demanded PRELIMINARY OBJECTIONS OF DEFENDANT AND NOW, comes John E. Messimer named Defendant in this matter, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who file the following Preliminary Objections, pursuant to Pa.R.C.P. 1028, to the Plaintiff's Complaint dated December 2, 2003 (the "Complaint"), and aver as follows: 1. Obiections As To Subject Matter Jurisdiction Pursuant to Pa.R.C.P. 1028(a)(1). This Honorable Court, as a State Common Pleas Court, does not have jurisdiction over the subject matter of the Complaint as federal law controls this situation; and objections are therefore made pursuant to Pa.R.C.P. 1028(a)(1) on these grounds. 2. 42 U.S.C. § 13951-3(c)(5)(A)(ii) and 42 U.S.C. § 1396r(c)(5)(A)(ii) prohibit nursing homes, such as Plaintiff, from obtaining a third party guarantee of payment for the costs which are the subject of this action. 3. Accordingly, federal law would control in this case and the matter must be removed to federal court. 4. As such, the Plaintiff can not sustain this action in this Honorable Court. WHEREFORE, the Complaint should be dismissed by this Court in its entirety for lack of jurisdiction pursuant to Pa.R.C.P. 1028(a)(1). H. Objections As To Pendency of a Prior Action Pursuant to Pa.R.C.P. 1028(a)(6). 5. Defendant includes paragraphs 1 through 4 by reference as if fully set forth herein. 6. It is believed and therefore averred that the Plaintiff has filed a similar action in Cumberland County against Raymond Messimer for the identical costs of care. It is believed that such action against Raymond Messimer was filed in July of 2003. 8. A recovery in the action against Raymond Messimer would preclude recovery in this matter. 9. As such, this action against the Defendant can not be sustained as Plaintiff can not recover twice for the same costs. 2 WHEREFORE, the Complaint should be stricken by this Court in its entirety for the pendency of a prior action pursuant to Pa.R.C.P. 1028(a)(6). III. Objection Based on Nonjoinder of a Necessary Party Pursuant to Pa.R.C.P.1028(a)15) 10. Defendant includes paragraphs 1 through 9 by reference as if fully set forth herein. 11. As admitted in the Plaintiff's Complaint, the alleged services were provided for the benefit of Raymond Messimer and not the Defendant. 12. As such, Raymond Messimer is a necessary party to the matter and should be joined thereto. 13. The Complaint fails to include the admitted recipient of the services into this action. 14. Accordingly, the Complaint should be dismissed for this failure. WHEREFORE, the Complaint should be stricken by this Court in its entirety for failure to join a necessary party pursuant to Pa.R.C.P. 1028(a)(5). IV. Objections As To Legal Insufficiency of a Pleading (Demurrer) Pursuant to Pa.R.C.P.1028(a)(4). 15. Defendant includes paragraphs 1 through 14 by reference as if fully set forth herein. 16. The Complaint is entirely without merit as it is legally insufficient. 17. The Complaint fails to state a cause of action against the Defendant. 18. The Complaint fails to indicate in what capacity the Defendant is responsible for the cost of care of Raymond Messimer. 19. The Complaint's allegations violate federal law and it is therefore, improper. 20. The Complaint is based upon one Superior Court decision, Presbyterian Medical Center v. Budd, 832 A.2d 1066 (Pa. Super., 2003), which held that under the very narrow facts of that case, there may be a cause of action against a child for support when the child squanders assets of the parent. 21. No such facts are present in this case, therefore the Budd decision is not applicable and the cause of action fails. WHEREFORE, the Complaint should be stricken by this Court in its entirety for legal insufficiency pursuant to Pa.R.C.P. 1028(a)(4). V. Objections As To Inclusion of Impertinent Matter Pursuant to Pa.R.C.P.1028(a)(2). 22. Defendant includes paragraphs 1 through 21 by reference as if fully set forth herein. 23. As attached to the Complaint as Exhibit "A", the Plaintiff includes an Agreement between itself and Raymond Messimer. 4 24. The Exhibit "A" Agreement is signed by Raymond Messimer and the Plaintiff; however, the Defendant did not sign the Agreement nor is he a party thereto. 25. As such, Exhibit "A" is impertinent in this matter and should be stricken. WHEREFORE, the Complaint should be stricken by this Court in its entirety for inclusion of impertinent matter pursuant to Pa.R.C.P. 1028(a)(2). Respectfully submitted, & SHIPMAN, P.C. .r U Date: 2('I®q kAtty. endersh ot, Esq. D. No. 23316 John DeLorenzo, Esquire Atty. ID No. 72190 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 106260.1 5 CERTIFICATE OF SERVICE I, John DeLorenzo, Esquire, hereby certify that I served a copy of the foregoing "Preliminary Objections", via first-class United States Mail, postage prepaid, upon all parties and counsel of record, namely: Chadwick O. Bogar, Esq. Kennedy Bogar, LLC P.O. Box 959 Camp Hill, PA 17011-0959 GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: 2 /40 B*?-Joh?n?DeLorenzo, Esquire Q • _ ' rn -urn 5H =- g c" r rn Q -? LISA S. KOVE, Plaintiff V. LAUREEN M. ULRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CP-21-CV-4831-2000 ACTION - AT LAW PLAINTIFF'S POST-TRIAL MEMORANDUM Plaintiff seeks an accounting of funds controlled by Defendant during a period of time when Defendant was Plaintiffs agent. Defendant was entrusted by Plaintiff with loan proceeds in the amount of $75,000.00 as well as access to bank accounts and credit cards. This action was brought after Defendant refused to account for various sums expended for unknown purposes. To establish a right to an accounting, a plaintiff must show: (1) there was a valid contract, expressed or implied, between the parties whereby the defendant receives money as an agent and (2) that the defendant breached or was in dereliction of her duty under the contract. Haft v. US Steel Corp., 346 Pa. Super 404, 499 A.2d 676, 677 (1988); Accord, Berger and Montague, P. C. v. Scott and Scott, LLC,, 153 F.Supp. 2nd 750, 754 (E.D. Pa. 2001). At trial, Plaintiff testified that Defendant received loan proceeds in the amount of $75,000.00 to be earmarked for construction of a home in the San Diego area. The endorsement upon the check, which Defendant also endorsed, set forth the parameters under which Defendant came into possession of these proceeds. As indicated in Defendant's Exhibit 6, these proceeds were deposited into a savings account held in Defendant's name. Defendant testified through Exhibit 7 that she transferred $25,000.00 of these funds to her checking account approximately one month after she received the initial funds. Through Exhibit 8, she attempts to explain the disbursement of all $75,000.00 between April 14, 1998 and July, 1998. However, Exhibit 8, accounts for only $11,543.04 in expenditures. While Plaintiff does not deny that funds were provided to Defendant to maintain the household for Plaintiffs children and Defendant, the attempted accounting falls far short of explaining where $75,000.00 went in a three month period. Defendant never explains the numerous money access withdrawals set forth on her Exhibits 6 and 7. She further fails to explain why Plaintiff would give her full access to $75,000.00 over a three month period to reimburse her for any of the services she rendered. Also at trial, Plaintiff offered the testimony of Keith Ulrich who is Defendant's husband. He testified that the Defendant told him that Plaintiff would be "after her" due to the fact that all of the money had been spent. While she had receipts for some expenditures, Mr. Ulrich testified that the majority of the funds that were spent were unaccounted for. Plaintiff also presented the testimony of Jeffrey Moore who lived with Defendant during the spring and summer of 1998. Due to the limited nature of the hearing, he testified to the fact that he personally observed Defendant spend sums of money for purposes other than Lisa and her children. As the arrangement was that Defendant would be fully provided for in regard to living expenses and Jeff would provide personal expenses, expenditures by Defendant in excess of these living expenses would clearly be a breach of Defendant's duty to safeguard Plaintiffs funds. After the hearing, the Court appeared to be concerned in regard to the lack of proof of specific circumstances of where Defendant breached her duty or was in dereliction of that duty. However, it has been established that courts should permit some latitude in accounting matters since often the Plaintiff is not certain of what claims she may have until the accounting is complete. In re: Estate of Hay, 517 Pa. 115, 535 A.2d 47 (1987). Indeed, it is the dual circumstances of the duty to safeguard a principal's assets and unique knowledge of the agent as to where the assets were dissipated that causes a court to first determine whether an accounting is necessary and, only upon a decision that an accounting is necessary, proceed with an inquiry as to the specific acts undertaken by the agent. Ringer v. Ftnfrock, 340 Pa. 458, 17 A.2d 348 (1941). It was thus improper for a Defendant to object in an accounting action that Plaintiff had not specifically set forth the assets taken within the control of the fiduciary. The Court ruled that the very purpose of the accounting was to disclose the actions of the fiduciary. Trumbower v. Wismer, 70 Mont. Co. L.R. 33, 35 (1953). Similarly in this case, until an accounting of unexplained expenditures is complete, Plaintiff will not be capable of understanding the true nature of Defendant's actions while Plaintiff was away. In this case, Defendant was granted access in a fiduciary capacity by Plaintiff to loan proceeds in the amount of $75,000.00, credit cards and bank accounts to care for her five children while Plaintiff was away from home. Only the Defendant has knowledge as to how these funds were dissipated between April and July of 1998. While Plaintiff does not deny that certain assets were made available to Defendant to care for her children as well as Defendant's own living expenses, it is nearly beyond belief that funds in excess of $75,000.00 could be spent for these purposes over a three month period. It is upon these circumstances and the evidence provided at trial that Defendant has manifested her breach of duty as a fiduciary to Plaintiff and should be held to account for the rapid dissipation of Plaintiffs funds. As Defendant was placed in a fiduciary capacity and uniquely has knowledge as to the expenditure of these funds, Plaintiff requests this Court to grant the relief requested. Respectfully submitted, J s K. Jones, Esquir ttorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 LISA S. LOVE, Plaintiff V. LAUREEN M. ULRICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 4831 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S MEMORANDUM OF LAW 1. ACCOUNTING Pennsylvania Rule of Civil Procedure No. 1021 provides that a plaintiff in an action at law may request an accounting as a remedy. In order to establish a right to an accounting a plaintiff has the burden of proving that he has met each prong of the two-part test set forth in Haft v. United States Steel Corporation. 346 Pa. Super. 404, 407, 499 A.2d 676, 677-678 (1985). In Haft, the Court held that a plaintiff must show that: (1) there was a valid contract, express or implied, between the parties whereby the defendant (a) received monies as agent ... whereby the relationship created by the contract imposed a legal obligation upon the defendant to account to the plaintiff for the monies received by the defendant, or (b) if the relationship created by the contract ... created a legal duty upon the defendant to account and the defendant failed to account and the plaintiff is unable, by reason of the defendant's failure to account, to state the exact amount due him, and (2) that the defendant breached or was in dereliction of his duty under the contract. Id. (Emphasis added) With regard to the first prong of the test from Haft, a plaintiff must prove that the nature of the relationship between plaintiff and defendant imposed a legal duty upon the defendant to provide an account. Id. Furthermore, even if there exists a power of attorney document indicating a possible agency relationship, it has been held that there is not an affirmative duty on the agent to act. Nicely Estate, 18 Fiduc. Rep. 2d 397, 404 (O.C. Div. Phila. 1998). "[S]tanding alone, a power of attorney is not a contract of employment. The mere existence of a power of attorney, without more, imposes no duty to exercise any of the powers which are conferred therein." Id. As the Court stated in Nicely, which was decided prior to the 1999 statutory amendments governing powers of attorney: "An attorney-in-fact is only required to perform such actions and provide such services as he agrees or undertakes to perform or provide." Id. The Superior Court has previously stated that the crucial question in determining the nature; of the relationship is whether the relationship goes beyond reliance on skill and into a situation characterized by "overmastering influence" on the side of one party and "weakness, dependence, or trust, justifiably reposed" on the side of the other party. eToll. Inc. v. Elias/Savion Advertising, Inc., 2002 Pa. Super. 347, 811 A.2d 10, 23 (2002). In the instant case, these factors are virtually turned upside down, with the Defendant asserting that she did not possess any special financial skills, and the Plaintiff having superior education, financial understanding, and earnings. Even if the Court does find that the relationship between a plaintiff and defendant rises to a level sufficient to impose a legal duty, the Court must then determine whether there was a breach of that duty, which is the second prong of the Haft test. The Court must evaluate the facts of each case and determine whether the agent has exercised the "care, skill, and judgment of the ordinarily prudent person under the circumstances." Garbish v. Malvern Federal Savings & Loan Assn., 358 Pa. Super. 282, 298, 517 A.2d 547, 555 (1986). Under the circumstances in the instant matter, the Defendant was invited into a situation where she was asked to raise seven children, some with significant health and learning disabilities. After this accepting this invitation and moving herself and two children from their home, the Defendant was then "asked" to take on the project of sorting out the financial problems of a situation already in disarray. Plaintiff prepared her own Power of Attorney document, took out her own loan, and then endorsed the check to Defendant under the auspices of using the money to purchase a property in California. After that time, however, Plaintiff did 2 not provide any other funds or salary to Defendant. Instead, Defendant was then asked to manage the household, pay the mountain of bills that had piled up and were still arriving, and provide cash to Plaintiff whenever she requested money for her airline trips, gifts, and vacations. In conclusion, Defendant first asserts that there was not a fiduciary relationship of the type imposing a legal duty upon her. In the alternative, Defendant contends that she was not in dereliction of her duty as contemplated by the courts of the Commonwealth of Pennsylvania. II IRWIN & McKNIGIIT Douglas Miller, squire Supreme ourt ID No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Laureen M. Ulrich Date: March 24, 2004 3 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: James K. Jones, Esquire Law Office of James K. Jones Esquire 7 Irvine Row Carlisle, PA 17013 Date: March 24, 2004 IRWIN & McKNIGHT Douglas G Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Laureen M. Ulrich LISA S. ICOVE Plaintiff V. LAUREEN M. ULRICH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 4831 CIVIL TERM CIVIL ACTION - LAW 61 eY8,0 2003 DEFENDANT'S PRE-TRIAL MEMORANDUM AND NOW, comes the Defendant, Laureen M. Ulrich, by and through her attorneys, Irwin, McKnight & Hughes, and submits the following Pre-Trial Memorandum: 1. PROCEDURAL AND FACTUAL HISTORY OF THE CASE Plaintiff initiated this action by Complaint filed on July 7, 2000, seeking an accounting from Defendant and repayment of funds alleged to have been misused or converted. The Complaint alleges that these purported mishandling of funds occurred while Defendant was named as Plaintiff's agent under a Power of Attorney. The allegations include that Defendant charged sums on several credit cards, created an overdraft on Plaintiffs checking account, purchased airline tickets, and converted a 1993 Ford Aerostar van, 1994 Ford Escort, and trailer. On March 5, 2001, Defendant filed an Answer with New Matter alleging that Plaintiff had prepared or obtained the Power of Attorney document and presented it to Defendant for signature. Defendant further alleges that Plaintiff directed and authorized Defendant to expend the proceeds of a Navy Federal Credit Union loan for Plaintiffs personal use and for the care and expenses associated with the care of Plaintiffs five children. Defendant did not obtain or sign for the loan through the Navy Federal Credit Union, but that was done by Plaintiff through her employment with the Navy. Defendant further denies the mismanagement or conversion of any funds, or the possession of any vehicles referenced by Plaintiff. On March 26, 2001, Plaintiff filed an Answer to the Defendant's New Matter, essentially denying the issues raised by Defendant. Plaintiff did admit, however, that she provided Defendant with the Power of Attorney document, and is in possession of the van, car, and trailer referenced in the Complaint. Plaintiff also served Interrogatories and Requests for Admission that were answered by Defendant on February 20, 2002. II. STATEMENT AS TO ISSUES INVOLVED Defendant denies use or control over many of the accounts, funds and items of property alleged by Plaintiff. For the remaining funds and accounts, Defendant asserts that the monies were used either at the direct request of Plaintiff, or with her full knowledge, understanding, and approval, Plaintiff often requested that Defendant provide Plaintiff with cash for Plaintiff's sole use and enjoyment. Other times Defendant used the funds for Plaintiff's children or other household expenses, but not for her own direct benefit. Defendant did not keep an accurate accounting or records of her efforts on behalf of Plaintiff, as she did not know that it may be required. Plaintiff possesses far more educational experience, intellect and financial resources than Defendant, and it is highly unlikely that Defendant would be able to prepare any type of accounting. Defendant has limited financial resources and educational experience. 2 III. WITNESSES Plaintiff anticipates calling the following persons as witnesses: a. Laureen M. Ulrich; and b. Lisa S. Kove. Plaintiff reserves the right to call any witnesses identified by Plaintiff, persons referenced in any of the pleadings, or to produce rebuttal witnesses. IV. SETTLEMENT NEGOTIATIONS The parties have not had substantial settlement negotiations, but Defendant believes it is unlikely that settlement negotiations would prove useful in this matter as Defendant has limited financial resources and denies any wrongdoing. V. Defendant respectfully seeks the entry of a judgment in her favor and dismissing the Complaint filed by Plaintiff. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: W6 CXn, Douglas Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Date: May 30, 2003 Laureen M. Ulrich 3 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Dirk E. Berry, Esquire Law Office of James K. Jones Esquire 7 Irvine Row Carlisle, PA 17013 Date: May 30, 2003 IRWIN, McKNIGHT & HUGHES Douglas G. ' er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Laureen M. Ulrich LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-4831 CIVIL CIVIL ACTION - LAW LAUREEN M. ULRICH, Defendant IN RE: ACCOUNTING BEFORE HESS, J. ORDER AND NOW, this (o' day of April, 2004, the defendant is ordered and directed to file of record and serve upon the plaintiff a full and complete accounting with respect to those matters which are the subject of the plaintiff s complaint. It is directed that said accounting shall be filed and served within sixty (60) days hereof. BY THE COURT, James K. Jones, Esquire For the Plaintiff Douglas Miller, Esquire For the Defendant Court Administrator, Kevi A. Hess, J. i 4-? :rlm THE 2004E'li _ fplF]: 4 00-4831 CIVIL CIVIL ACTION - LAW IN RE: ACCOUNTING BEFORE HESS, J. OPINION AND ORDER In this case, the plaintiff seeks an accounting of funds entrusted to the defendant. The LISA S. KOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. LAUREEN M. ULRICH, Defendant defendant, Laureen M. Ulrich, was given $75,000. This money was transferred pursuant to a power of attorney executed by Kove. The money was to be used to facilitate the purchase of a home for Kove in the San Diego, California, area and, pending that move, to manage the household, pay bills and otherwise care for Kove's several children. These monies were deposited into a savings account in the defendant's name. Approximately one month after she received the initial funds, Ms. Ulrich transferred $25,000 to her checking account. As it turned out, all of the $75,000 was disbursed between April 1998 and July 1998. At our most recent hearing on the plaintiff s request for an accounting, the defendant was able to account for less than $15,000 of the monies expended by her. Witnesses testified that they observed the defendant spend money for purposes other than to benefit the plaintiff. Kove demands an accounting. Pa.R.C.P. 1021(a) provides: (a) Any pleading demanding relief shall specify the relief sought. Relief in the alternative or of several different types including an accounting may be demanded. In order to establish a right to an accounting a plaintiff must show that: 00-4831 CIVIL (1) there was a valid contract, express or implied, between the parties whereby the defendant (a) received monies as agent, trustee or in any other capacity whereby the relationship created by the contract imposed a legal obligation upon the defendant to account to the plaintiff for the monies received by the defendant, or (b) if the relationship created by the contract between the plaintiff and defendant created a legal duty upon the defendant to account and the defendant failed to account and the plaintiff is unable, by reason of the defendant's failure to account, to state the exact amount due him, and (2) that the defendant breached or was in dereliction of his duty under the contract. Haft v. United States Steel Corportaion, 499 A.2d 676, 677-78 (Pa. Super 1985). The first prong of the test has been established. There can be no denying that Ms. Ulrich received $75,000 along with access to Kove's credit cards and bank accounts subject to a legal duty to make expenditures which furthered the plaintiffs interests. Having established this duty, the plaintiff need only establish that it was breached or that the defendant acted in dereliction of that duty. This has also been established by the evidence. Not only was there affirmative testimony that the defendant spent money improperly but there were also large unexplained withdrawals and expenditures which, at the times or places involved, could not have benefited the plaintiff. For this reason, we grant the plaintiff the relief sought. ORDER AND NOW, this 6 r day of April, 2004, the defendant is ordered and directed to file of record and serve upon the plaintiff a full and complete accounting with respect to those matters which are the subject of the plaintiff s complaint. It is directed that said accounting shall 2 00-4831 CIVIL be filed and served within sixty (60) days hereof. James K. Jones, Esquire For the Plaintiff Douglas Miller, Esquire For the Defendant Court Administrator :rhn BY THE COURT, /?!? Kevi . Hess, J. Curtis R. Long Prothonotary Office of the Protbonotarp QCumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 00 " IS 31 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573