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Home My WebLink About01-0908NEW CUMBERLAND FEDE1L~kL CREDIT UNION, PLAINTIFF CASH PLUS, INC., AND JAMES BALL III, a/k/a JAMES ART BALL, DEFENDANTS 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 -Q~,PCIVIL 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 WITHOUT YOU AND A JUDGMENT MAY BE 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~qu~~~BY: 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Date: February 8, 2001 NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF CASH PLUS, INC., AND JAMES BALL III, Mda JAMES ART BALL, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- qa~CIVIL 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 Bail, III (adk/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. 6. Between June 2, 2000 and October 13, 2000 the Plaintiff supplied cash on the following dates to Defendants. Cash Provided Date $ 21,000.00 6/2/00 $ 21,000.00 6/16/00 $ 21,000.00 6/30/00 $ 21,000.00 7/18/00 $ 21,000.00 7/31/00 $ 21.000.00 8/14/00 $126,000.00 7. Defendants have acknowledged receipt of this cash. 8. Defendants were required as part of the 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 Plaintiffhas not received credit for Nineteen Thousand Five Hundred Ten and 00/100 ($19~510.00) Dollars in cash transactions. 1 I. As of February 8,2001 the Defendants' ATM located at the Veterans of Foreign Wars (VFW) in New Cumberland, Pennsylvania contains Six Thousand Eight Flundred Forty and 00/100 ($6,840.00) Dollars in cash. 12. Plaintiff has demanded repayment from Defendants with no response from Defendants. WHEREFORE, Plaintiffrespectfully 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. ,;5~ven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document are tree 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. §4904, relating to unswom 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: Donald M. Varner, Presid~ff New Cumberland Federal Credit Union, A non-profit federally chartered credit union SHERIFF'S RETURN - REGULAR CASE NO: 2001-00908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW CUMBERLAND FEDER3tL CREDIT VS CASH PLUS INC ET AL JASON VIOPJtL , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE CASH PLUS INC DEFENDANT at 0020:16 HOURS, at 6101 WESTOVER DRIVE MECHA/qICSBURG, PA 17055 JAMES BALL a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 15th day of February , __ by handing to together with COMPLAINT & NOTICE 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10,00 .00 34.20 Sworn and Subscribed to before me this ~ day of ~othonot ary So Answers: R. Thomas Kline 02/16/2001 STEVEN HOWELL SHERIFF'S RETURN C~SE NO: 2001-00908 P COMMONWEALTH OF PENNSYLVanIA: COUNTY OF CUMBERLAND NEW CUMBERLAND FEDERAL CREDIT VS CASH PLUS INC ET AL - REGULAR JASON VIOR_AL , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon BALL JAMES III A/K/A BALL JAMES ART the Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 15th day of February by handing to together with DEFENDANT at 0020:16 HOURS, at 6101 WESTOVER DRIVE MECHANICSBURG, PA 17055 JAMES BALL a true and attested copy of COMPLAINT & NOTICE 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~-~ day of f~ ~2~f A.D. ' Prothonotary So Answers: R. Thomas Kline 02/16/2001 STEVEN HOWELL By: NEW CUMBERLAND FEDERAL CREDIT UNION, PLAINTIFF CASH PLUS, INC., AND JAMES BALL III, a/k/a JAMES ART BALL, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 908 CIVIL TERM TO: Cash Plus, Inc. 6101WestoverDrive Mechanicsburg, PA 17055 James Ball, III (aka James "Art" Ball, III) 6101 Westover Drive Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING 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 AVISO IMPORTANTE A~ Cash Plus, Inc. 6101 Westover Drive Mechanicsburg, PA 17055 James Ball, 1II (aka James "Art" Ball, III) 6101 Westover Drive Mechanicsburg, PA 17055 FECHA DEL AVISO: 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 AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IMMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association Lawyer's Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: March 8, 2001 BY: .~e~en Howeff, ~squire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff 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, PA 17055 Jan~es Bail, III (aka James "Art" Ball, III) 6101 Westover Drive Mechanicsburg, PA 17055 Date: March 8, 2001 BY: New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff