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Home My WebLink About09-0134,~ STEVE A. HURLEY, Plaintiff vs. PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, Defendant NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ~ -lay t~cui.I.,~fi2..~'1., 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 FURTHER NOTICE FOR ANY MONEY CLA{MED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLA{NTIFF. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 STEVE A. HURLEY, Plaintiff vs. PENNSYLVANIA CENTRAL FEDERAL CREDIT UNION, Defendant COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09 - a/3 Y ~-~ c~ AND NOW comes the above-named Plaintiff by his attorney Samuel L. Andes, and files the following Complaint in this matter: 1. The Plaintiff is Steve A. Hurley, an adult individual who resides at 50 Frytown Road in Newville, Cumberland County, Pennsylvania. 2. The Defendant is the Pennsylvania Central Federal Credit Union, a financial institution which Plaintiff believes to be organized under the laws of the Commonwealth of Pennsylvania and which maintains offices at 959 E. Park Drive in Harrisburg, Dauphin County, Pennsylvania. 3. Defendant is the corporate successor to Members United Federal Credit Union, formally of Shiremanstown, Pennsylvania Plaintiff believes that Defendant has succeeded to all of the assets and liabilities of Members United Federal Credit Union as a result of a merger or consolidation of those institutions. 4. In May of 1996, Plaintiff's father, Irvin S. Hurley, purchased three Certificates of Deposit from Members United Federal Credit Union and caused those Certificates of Deposit to be issued in the joint names of himself, his wife, Mildred B. Hurley, his daughter Cathy Swartzwelder, his son Kenneth Hurley, and his, the Plaintiff. The Certificates of Deposit purchased were: A. Certificate # 10322, dated 7 May 1996, in the initial amount of $3,000.00 and bearing interest at the rate of 6.50%. B. Certificate # 10323, dated 7 May 1996, in the initial amount of $3,000.00 and bearing interest at the rate of 6.50%. C. Certificate # 10324, dated 7 May 1996, in the initial amount of $2,500.00 and bearing interest at the rate of 6.50%. Copies of the said Certificates of Deposit are attached hereto and marked collectively as EXHIBIT A. 5. Shortly after the issuance of the said Certificates of Deposit, Plaintiff assigned all three of the Certificates to the Commonwealth of Pennsylvania, Department of Environmental Protection, to secure a collateral mining bond issued by the Commonwealth fo Plaintiff. 6. In September of 2008, Plaintiffs obligations under the bond he posted with the Commonwealth having been satisfied, the bond was canceled and the certificates of deposit were released by the Commonwealth and its agents, and returned to the possession of Plaintiff. 7. In September of 2008, Plaintiff has attempted to redeem or convert to cash the three certificates of deposit. Defendant, although admitting that it is the successor in interest to the Members United Federal Credit Union, has refused and failed to negotiate the certificates of deposit or to pay to Plaintiff the cash value, with interest, of those certificates. 8. Defendant, by its conduct, has injured Plaintiff in the amount of $8,500.00, plus interest at the rate of 6.50% from 7 May 1996, to the present. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $8,500.00 plus interest at the rate of 6.50% from 7 May 1996 until the date full payment is received, plus costs of suit. uel L. des Attorney for Plaintiff Supreme Court ID # 17225 525 North 12"' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~.2 ~ Steve A. Hurley EXHIBIT A ~C °~ Datb ~ 05-07-96 ~ 5 YeaR -Y Opened: ~ ' ' Certificate Number: Share Certificate Member Number. ~~ This Certificate Account Number: 4 6 7 4 9 4 31 Evidences an Account in the OriginatAmountof Three thousand and **************00/100$ 3,000.00 This Certificate is Issued to: Issuer: ' - Irvin F Hurley ""'- &/ar Mildred B Hurley ~ MEMBERS UNITED &/orGathy Swartzwelder FEDERAL CREDIT UNION &/or Steve Hurley SHIREMANSTOWN, PENNSYLVANIA 17011 &/or Kenneth Hurley ..-.. ...... i yi~~ :KJ Not Negotiable-Not Transferable. except on the books of Members United Federal Credit Union" This account is subject to all terms and conditions stated in the Certificate Account Disclosures, as they may be amended from time to time, and incorporates the same by reference into this agreement. This certificate may be redeemed on 0 5 - 0 7 - 01 only upon presentation of the certificate to the Credit Union. The dividend rate of this certificate account is 6. 5 0 % with an annual percentage yield of %. The rate on this certificate is ^ fixed ^ variable. Dividends will be: (~dded to principal ^ paid to account (No. ~ ^ mailed to the owner(s) 1993 CUPNBankers Systems, Inc., SL Cloud, MN (1-800397-2341) Form CD-DIV t2J21194 (pays i of?) _. _ _ _ _ _ .. __ _.. _ ..L_ . . ~ca9 ~. ope ed: 05-07-96 5 Year- ' Certificate Number: 10 3 2 3 .- Share Certificate Member Number: ~~.~.~~_ This Certificate Account Number: Evidences an Account in the OriginalAmountof Three thousand and ***********00/t00 $ 3,000.00 This Certificate is Issued to: Issuer: `• Irvin F Hurley - &/or Mildred B Hurley MEMBERS UNITED &/or Cathy Swartzwelder FEDERAL CREDIT UNION SHIREMANSTOWN, PENNSYLVANIA 17011 &/or Steve Hurley &/or Kenneth Hurley .... ` ~~~ ...... g % e:... Not Negotiable-Not Transferable.~~eXCept on the books of Members United Federal Credit Union" This account is subject to all terms and conditions stated in the Certificate Account Disclosures, as they may be amended from time to time, and incorporates the same by reference into this agreement. This certificate may be redeemed on 0 5 - 0 7 - 01 only upon presentation of the certificate to the Credit Union. The dividend rate of this certificate account is 6. 5 0 % with an annual percentage yield of %. The rate on this certificate is ^ fixed ^ variable. Dividends will be: added to principal ^ paid to account (No. ~ ^ mailed to the owner(s) ®1993 CUPA/Bankers Systems, Inc., SL Cloud, MN (7-800-397-2341) Form CD•DIV 12/21/94 ~~ ~ p~ p~ E~°`7 ,. ~;~., ~, 05-07-96 5 Year Certificate Number: Share Certificate Member Number: Certificate Account Number: antes an Account in th final Amount of `t'wo thousand, f five .hundred and 00/ 1008 Certificate is Issued to: Issuer: 10324 946 ,46749433 S, 2;50U.00 ...-.. ~~ Irvin F Hurleyy MEMBERS UNITED &/os Mildred B Hurley ~ FEDERAL CREDIT UNION &/or Cathy Swartzwelder SHIREMANSTOWN, PENNSYLVANIA 17011 &/or Steve Hurley &/or Kenneth Hurley ...... sy Negotiable-Not Transferable. "except on the books of Members United Federal Credi~ Union" ~ account is subjeet to all terms and conditions stated in the Certificate Account Disclosures, as they may be amended from time to :, and incorporates the same by reference into this agreement. ~I'bis certificate may be redeemed on 0 5- 0 7 - 01 only upon presentation of the certificate to the Credit Union. The 'dividend rate of this certificate account is 6. 5 0 96 with an annual percentage yield of 9b. The rate on This certificate is ^ fixed ^ variable. Dividends will be: :;added to principal paid to mailed to the owner(s) account(No.. ) Systems, Inc., St. Cbud, AAN (1.800-397-2341) Form Cd-DIV 12/21/94 (~"' (page 1 oil) ~-\ ~ ~ C"~ !~' '~ ~; P ~" ~.._P `+~ 1 .yN ~ t. -~ C.J -a ""'~ In The Court of Common Pleas of Cumberland County, Pennsylvania No.-_7[r LeianuaM Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. "Signature Signature Signature Name hairman) raw Firm All 44a V d'Ad&4? (N(ZO( a City, Zip n- Zip Name Law Firm / r Address C ?: /?rlP Ai f 2c , S5' City, Ziu '-*'/a.LI;2 Award / U.331 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: , (Note: If d ge for delay, are awarded, they shall be separately stated.) ?\4Q . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: " ,ZZ o C ?Lct. ,_ (Chairman) U-1 ate sfA : /? 2` /D Cam! ° C\: ' Notice of Entry of Award .w._ U-1 Rfov-,tfie NCy of 20?, at //_rr' ___Q?? .M., the above award was exleredtpdin the docket and notic thereof given by mail to the parties or their attorneys. Prothonotary Arbitrators' compensation to paid upon appeal ccPLky eyLw tq?c By: g-E-4,,.j S. Deputy 11 241co ?,??O,,?? 114e- lizylz Address