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Home My WebLink About01-0908 FX '" . , NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASH PLUS, INC., AND JAMES BALL III, a/kIa JAMES ART BALL, DEFENDANTS NO. 2001 -qOPCIVIL TERM NOTICE 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 WITI-IOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. 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, Pennsylvania 17013 (717) 249-3166 BY: teven How , squire 619 Bridge Street New Cumberland, P A 17070 (717)770-1277 Supreme Court LD. 62063 Attorney for Plaintiff Date: February 8, 2001 I;,~<~",.,< , I .,', 1',-1 , , , ~ NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASH PLUS, INC., AND JAMES BALL III, alk/a JAMES ART BALL, DEFENDANTS NO. 2001 - 7''',fCIVIL TERM COMPLAINT 1. New Cumberland Federal Credit Union is a federally chartered non-profit credit union with its principal place of business being 345 Lewisberry Road, New Cumberland, Pennsylvania 17070. 2. Defendant James Ball, III (alk/a James "Art" Ball, III) is an adult individual presently residing at 6101 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 3. Defendant Cash Plus Inc. is a corporation with its principal place of business located at 6101 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about June 2, 2000 Plaintiff and Defendants entered into an oral contract for the supply of United States Currency to an Automated Teller Machine (ATMs) operated by Defendants in Cumberland County at the Veterans of Foreign Wars (VFW) in New Cumberland, Pennsylvania 17070. 5. Under the parties' oral contract, Plaintiff would regularly supply cash to Defendants so Defendants' ATM would have cash to dispense to its customers. 'I::,,>,,~,: '_ ';"-1' " . _, _~, . - - ,,'.' ,,_ - - -~ "1"'11 ' -. 6. Between June 2, 2000 and October 13, 2000 the Plaintiff supplied cash on the following dates to Defendants. Cash Provided $ 21,000.00 $ 21,000.00 $ 21,000.00 $ 21,000.00 $ 21,000.00 $ 21,000.00 $126,000.00 Date 6/2/00 6/16/00 6/30/00 7/18/00 7/31/00 8/14/00 7. Defendants have acknowledged receipt of this cash. 8. Defendants were required as part ofthe oral agreement to ensure that Concord EFS, Inc., and Money Access Services, Inc. (ATM Clearing House) would properly credit Plaintiffs MAC account to receive full credit for all cash transactions occurring through the ATM operated by Defendants. 9. Upon information and belief, Defendants did not provide Plaintiffs account number to Concord EPS, Inc., and Money Access Services, Inc. so all ATM transactions would be properly credited to Plaintiffs account. 10. As of February 8, 2001 the Plaintiff has not received credit for Nineteen Thousand Five Hundred Ten and 00/100 ($19,510.00) Dollars in cash transactions. 11. As of February 8, 2001 the Defendants' ATM located at the Veterans of Foreign Wars (VFW) in New Cumberland, Pennsylvania contains Six Thousand Eight Hundred Forty and 00/100 ($6,840.00) Dollars in cash. 12. Plaintiff has demanded repayment from Defendants with no response from Defendants. "'. , .' I ~ " ~ I "',I'? ~, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor and against Defendant in the amount $26,350.00 plus interest from time of filing suit and court costs. BY: ven Ho 1, Esquire 619 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court J.D. 62063 Attorney for Plaintiff ,~. 1'- - ~ ~ .- . - -, 1.'1 . VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. g4904, relating to unsworn falsification to authorities. I am authorized as the President of the New Cumberland Federal Credit Union to execute this document on behalf of the corporation. BY: /YJ/lIt E"p,d~ Donald M. Varner, Presid New Cumberland Federal Credit Union, A non-profit federally chartered credit union Date: ~ hlll' -' .~ I - , , '. ,l ,. - ., "' -;-1 p- - , =. , =. . CD ~ ~ i I I I I " ~ 'I i-,~:~ _:.:,~-?_~~:~i,)X~;)TARY , c" ')- 11 nj cF3 \l~ (1'"1...i' . U 1.._ ,,_,' ";', ""(-,; :~,rry """'JI': ,!.;-(,-i'-:i _'",'-L) \...;".,;;'..11"41 lJ' \]:',)".. ,..' " ~ FEN!\1SYLVi\N\i-\ $I..fO.S"o .s.ao-S~ ).if~.rO - PcLlJ/y CJ::sl~~ R. $- /671..2;> ~ ~ ., t ~. g ~ a A , " I ~ . .' , SHERIFF'S RETURN - REGULAR I CASE NO: 2001-00908 P I 1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW CUMBERLAND FEDERAL CREDIT VS CASH PLUS INC ET AL JASON. VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CASH PLUS INC was served upon the DEFENDANT at 0020:16 HOURS, on the 15th day of February, 2001 at 6101 WESTOVER DRIVE MECHANICSBURG, PA 17055 JAMES BALL by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 Sworn and Subscribed to before me this .<J e::.- day of J'~ d<H7f A.D. Yl(" C )]"JP#"riq~ P othonotary (,i"'"'r'"~~r ~" ,. So Answers: r~~?t:~~ R. Thomas Kline 02/16/2001 STEVEN HOWELL SHERI??'S RETURN - REGULAR ",----- - r . CASE NO: 2001-00908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW CUMBERLAND FEDERAL CREDIT VS CASH PLUS INC ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BALL JAMES III A/K/A BALL JAMES ART the DEFENDANT , at 0020:16 HOURS, on the 15th day of February, 2001 at 6101 WESTOVER DRIVE MECHANICSBURG, PA 17055 by handing to JAMES BALT. 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~e R. Thomas Kline 02/16/2001 STEVEN HOWELL Sworn and Subscribed to before /:I.-' me this ~)' ~ day of JI~,,-., Jfh7( A.D. (j~o.~.~ ~)") Prothonotary h~ _H~ , f NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASH PLUS, INC., AND JAMES BALL III, aIkIa JAMES ART BALL, DEFENDANTS NO. 2001 - 908 CIVIL TERM TO: Cash Plus, Inc. 6101 Westover Drive Mechanicsburg, P A 17055 James Ball, III (aka James "Art" Ball, III) 6101 Westover Drive Mechanicsburg, P A 17055 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer's Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ;--'~ .""""'''''''''''1 , -" , ~-' .,., "'- L1 , . ,'] ~ A VISO IMPORTANTE A: Cash Plus, Inc. 6101 Westover Drive Mechanicsburg, PA 17055 James Ball, III (aka James "Art" Ball, III) 6101 Westover Drive Mechanicsburg, P A 17055 FECHA DEL A VISO: March 8, 2001 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUIRIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICTAR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO IMMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. Cwnberland County Bar Association Lawyer's Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1L ~ "1-"'" _u I-~I I t~ c ,-, .' BY: 4- ven Howel, squire 619 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court J.D. 62063 Attorney for Plaintiff Date: March 8, 2001 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all interested parties or counsel of record via postage prepaid, first class United States Mail addressed as follows: Cash Plus, Inc. 6101 Westover Drive Mechanicsburg, P A 17055 James Ball, III (aka James "Art" Ball, III) 6101 Westover Drive Mechanicsburg, P A 17055 BY: Ste n How , squire 9 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court J.D. 62063 Attorney for Plaintiff Date: March 8, 2001 ---Y<j 1'1" ,-""" FILED.-O~FICE OF 'lJe- r=F'OTHQ\:OTARY ~ ~ ~- ~ . . . i t , 0,;' t !k * f, , ~ g :9, , ", ~i _ " o I ~MR 12 PI\1 3; 15 CUMi3ERLAI'ID COUNTY PENNSYLVAllJ1A fi! it. ~; [i,- < ~ ! ft'. li I I I ~