The URL can be used to link to this page

Home My WebLink About05-2519MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. H. SCOTT FRY and ROBERT MACINTYRE, T(DB/A SHAFFER, FRY & MACINTYRE a partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: OS - .2-51 9 CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 claims 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 OR (800) 990-9108 MEMBERS IsT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE a partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation DEFENDANT. CIVIL ACTION-LAW NOTICIA Le ban demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or 1-800-990-9108 MEMBERS I IT FEDERAL CREDIT WON PLAINTIFF Vs. H. SCOTT FRY and ROBERT MACINTYRE, TIDBIA SHAFFER, FRY & MACINTYRE a partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09 --2 919 0 LC _7 (' CIVIL ACTION-LAW COMPLAINT AND NOW, comes Members 15` Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney, Karl M. Ledebohm and makes the following complaint: COUNTI Plaintiff, Members 0 Federal Credit Union ("Members I"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. H. Scott Fry ("Fry") is an adult individual having a last known address of 811 Whitehaven Road, Harrisburg, PA 17112. 3. Robert MacIntyre ("Maclntyre") is an adult individual having a last known address of 6000 Linglestown Road, Harrisburg, PA 17112. Accelerated Asset Recovery, Inc., ("Accelerated") is a Pennsylvania corporation having a primary business address of 4400 Linglestown Road, Harrisburg, PA 17112. At all times relevant hereto, Fry and MacIntyre held themselves out as general partners trading and doing business as Shaffer, Fry & MacIntyre ("SF&M") with a principal place of business at 4400 Linglestown Road, Harrisburg, PA 17112. Fry, MacIntyre and SF&M are referred to herein collectively as "Defendants". 6. On or about July 14, 1998 Defendants entered into an Agreement (the "Agreement") with Members I" in Cumberland County by which Members I' agreed to assign to Defendants certain debtor accounts for collection on a contingency fee basis. A copy of the Agreement is attached hereto as exhibit "A" and made part hereof. 7. The Agreement provides, inter alia, for the payment to Defendants of a commission in the amount of twenty-two (22%) percent calculated on any amounts realized from the collection of "first placement accounts," twenty-eight (28%) on all "secondary placement accounts" and thirty-two (32%) on all accounts assigned by Members IS` and authorized for litigation. 8. The Agreement requires Defendants to remit to Members 0 by the 20t" of each month, "...all funds collected during the preceding month on a net basis," (after deduction of commissions due to Defendants under the Agreement). 9. The Agreement further requires Defendants to, "...maintain proper records on those accounts of [Members 1 s`] placed with [SF&M] for collection in such a manner that those accounts may be audited by [Members 1 s`] " 10. Defendants are in default of their obligations to Members 15' under the Agreement in that Defendants, among other things, failed and continue to fail to maintain and make available to Members l s` the proper records in connection with the accounts assigned to Defendants by Members 1 ` and failed and continue to fail to remit the payments due to Members 1st in a timely manner as required under the Agreement. 11. As a result of Defendants' defaults, by letter dated August 1, 2003, Members Is` provided written notice to H. Scott Fry, general partner of SF&M of Members Is" s termination of the Agreement and demanded the immediate return of all assigned accounts except those having an established payment plan. A copy of Members I"s letter dated August 1, 2003 is attached hereto as exhibit "B" and made part hereof. 11 On or about February 2, 2004, Members 1 s` exercised its rights under the Agreement and demanded the return of all accounts including those assigned accounts having established payment plans, the 180 day period reserved to SF&M under the Agreement after termination of the Agreement to continue working assigned accounts having expired on February 1, 2004. 13. By letter dated November 22, 2004, and addressed to Mr. Scott Fry t/d/b/a Shaffer, Fry & Maclntyre, Members Is` demanded the immediate payment of any and all amounts due to Members Is' in connection with any and all of the assigned and withdrawn accounts and a full accounting concerning any and all activity on any and all of the assigned and withdrawn accounts. A copy of Members Is"s demand letter dated November 22, 2004 is attached hereto as exhibit "C" and made part hereof. 14. Despite Members 1 St's repeated demands, as of the date hereof Defendants have failed and continue to fail to provide complete reports for the accounts assigned to Defendants under the Agreement and designated as the "S5 client group" (the "S5 Accounts"). 15. Specifically, Defendants failed and continue to fail to provide or make available to Members I 't account statements for the S5 Accounts for the months of April, May, June, July, August, September and November 2004. 16. As a result of Members 1 St's continuing demands upon Defendants, Defendants provided to Members 1St a statement dated March 31, 2004 for the S5 Accounts (the "March 2004 Statement") and a statement dated January 3, 2005 for the S5 Accounts (the "January Statement"). Copies of the March 2004 Statement and January 2005 Statement are attached hereto as exhibit "D" and exhibit "E" respectively and made part hereof. (Note: Consumer debtor names have been redacted from the copies of the above statements attached hereto to protect the confidentiality of Members I"'s customers.) 17. Upon comparison of the amounts collected to date as set forth by Defendants in the March 2004 Statement and the amounts collected to date as set forth by Defendants in the January 2005 Statement, upon Defendants own admission, approximately $8,463.62 remains currently due to Members 1St under the Agreement calculated as follows: a. Difference in gross amounts collected Between the March 2004 and January 2005 Statements $12,134.00 6 b. Less 22% commission to SFM 2,669.48 c. Total due to Members Is` $9,464.52 0 d. Less partial payment received 10/4/04 $1,000.9 e. Total due to Members 15i as of January 2005 Statement $8,463.62 18. By letter dated January 13, 2005 and addressed to Robert MacIntyre and Scott Fry t/d/b/a Shaffer, Fry & MacIntyre, Members 1st demanded the payment of the $8,463.62 and an accounting for the unaccounted for accounts as set forth in the demand letter (the "Unaccounted for Accounts"). A copy of Members l sbs demand letter dated January 13, 2005 is attached hereto as exhibit "F" and made part hereof. 19. As of the date hereof, Defendants have failed and continue to fail to make payment to Members 1" of the $8,463.62 due under the Agreement in connection with the S5 Accounts or to provide an accounting as to the Unaccounted for Accounts. WHEREFORE, Plaintiff, Members 0 Federal Credit Union demands judgment against Defendants, Robert MacIntyre and H. Scott Fry t/d/b/a Shaffer, Fry & MacIntyre in the amount of EIGHT THOUSAND FOUR HUNDRED SIXTY-THREE AND 62/100 ($8,463.62) together with costs of suit. Plaintiff incorporates the requests for relief set forth in each of the Counts of this Complaint. COUNT II 20. The averments set forth in paragraphs 1 through 19 above are incorporated herein by reference as if set forth in full. 21. At no time relevant to the averments set forth in this complaint did Defendants hold themselves out as a corporation or inform Members lst that it was dealing with Accelerated Asset Recovery, Inc., as opposed to H. Scott Fry and Robert MacIntyre t/d/b/a Shaffer, Fry & MacIntyre, a partnership. 22. Members I" believes and therefore avers that Accelerated is the successor in interest to Shaffer, Fry & MacIntyre, a partnership, and, as such successor, is obligated to Members I' under the Agreement along with Defendants. 23. Alternatively, to the extent that Accelerated is the original contracting party under the Agreement, which is denied, for the reasons set forth in paragraphs 1 through 19 above, which averments are incorporated herein by reference, Accelerated is in default of its obligations to Members I5` under the Agreement. WHEREFORE, Plaintiff, Members I" Federal Credit Union demands judgment against Defendant, Accelerated Asset Recovery, Inc., in the amount of EIGHT THOUSAND FOUR HUNDRED SIXTY-THREE AND 62/100 ($8,463.62) together with costs of suit. Plaintiff incorporates the requests for relief set forth in each of the Counts of this Complaint. COUNT III 24. The averments set forth in paragraphs 1 through 23 above are incorporated herein by reference as if set forth in full. 25. For some or all of the above reasons, Members I" is unable to determine the status of the Unaccounted for Accounts or the extent of the amounts due to Members 0 in connection with amounts which may have been recovered by Defendants and/ or Accelerated in connection with the Unaccounted for Accounts. Fry, MacIntyre, SF&M and Accelerated Asset Recovery, Inc., are referred to in this Count III and Count IV below collectively as "Defendants". 26. For some or all of the above reasons, Members I" is unable to determine the status of the S5 Accounts for the months of April, May, June, July, August, September and November 2004. WHEREFORE, Members 1 s` respectfully requests that this court order Defendants, Robert MacIntyre and H. Scott Fry t/d/b/a Shaffer, Fry & MacIntyre and Accelerated Asset Recovery, Inc., to provide to Members 0 a full accounting of any and all amounts collected by Defendants on Members I"'s behalf in connection with the Unaccounted for Accounts and the S5 Accounts for the months of April, May, June, July, August, September and November 2004 and to enter judgment in favor of Members Is` Federal Credit Union and against Defendants, Robert MacIntyre and H. Scott Fry t/d/b/a Shaffer, Fry & MacIntyre and Accelerated Asset Recovery Inc., for any and all amounts due to Members 1" under the Agreement in connection with the Unaccounted for Accounts and the SSAccounts for the months of May, June, July, August, September and November 2004 together with costs of suit. Plaintiff incorporates the requests for relief set forth in each of the Counts of this Complaint. COUNT IV 27. The averments set forth in paragraphs 1 through 26 above are incorporated herein by reference as if set forth in full. 28. As a result of Defendants' breach of their obligations under the Agreement, Members ls`, at Members I"'s expense, has been and continues to be forced to devote substantial resources and personnel to verify apparent discrepancies in the balances claimed to be due by individual account debtors in connection with the S5 Accounts withdrawn by Members Is` from Defendants under the Agreement and the balances reported by Defendants to be due to Members 1 s`. 29. Specifically, due to Defendants' failure to provide to Members Is` statements for the S5 Accounts for the months of April through September 2004 and November 2004, Members 1st is unable to independently confirm the dates that payments were made or whether payments were made at all with regards to customer debtor accounts during those months for which statements were not provided and, consequently, Members ls`, at Members Is`'s expense, has been and continues to be forced to devote significant personnel hours to contact and obtain directly from the debtors in question documentary verification of payments made in an effort to verify account balances. 30. Despite Members Is" s clear and explicit termination of the Agreement, Defendants have, without authorization, continued to automatically draft funds from debtors' accounts in connection with some of the accounts withdrawn from Defendants by Members ls` 31. As a result of Defendants' unauthorized continued automatic withdrawal of funds from debtors accounts as set forth in paragraph 24 above, Members 1 ` has suffered considerable expense in that Members Is' has devoted personnel and 10 resources as well as has incurred legal fees in connection with correcting the automatic withdrawal of funds from such debtors' accounts. 32. For some or all of the above reasons, Members I" has and continues to suffer expense and damages including, without limitation, reasonable legal fees, the extent of which is undetermined, as a direct result of Defendants' breach of Defendants' obligations under the Agreement. WHEREFORE, Members I" respectfully requests that this court enter judgment in favor of Members I" Federal Credit Union and against Defendants, Robert MacIntyre and H. Scott Fry t/d/b/a Shaffer, Fry & MacIntyre and Accelerated Asset Recovery, Inc., for damages in an amount not expected to exceed the jurisdictional amount requiring arbitration of $25,000.00 together with costs of suit. Plaintiff incorporates the requests for relief set forth in each of the Counts of this Complaint. Respectfully submitted, Date: S jG? ° C? S- ,P,, P,? Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 11 M1`?•°?'• ?'?, 494 9 Aac )sii Ci 1.100 LINGLESTOwN ROAD ?7 HARRISBURG, PA 17111 TOLL FREE - (877) $77.0011 AGREEMENT L SrM will use Its beat efrorts to enforce collections or accounts 4rsigned to It by the CLIENT. SFNI shall nol under any cireumatanees, use any threats, intimidation, or harassment or a debtor in the collection or accounts or violate nny other applicable govemmenial guidelines. 2. STNI, will observe Individual rights within the constraints of the pederal Fair Debt Collection Practices Act and rrivncy Act, SF will remit to the CLIENT by the 20th of the month all funds collected during the preceding month on a basis. (Gross besets . all monies, Net bask + IeaCFM's contmisslon.) SnJ will not remit mecossivc gross statements until all previous months commissions have been paid by CLIEN f. Tu*y S. SFM shall charge a commission on amounts realized it the eurent rate of w v percent (i L ri) on all first placement accounts and a rote of T1z"'_._,`,};ryr percent (??B srrl on All secondary placement accounts, On all accounts aadgxd by CLIENT sod authorised rot litigation, a charge of y °, percent (i3 15) on amounts realized plus court costs and suit fees (where applicable). After the date of placement, any payment received by elthct SFM nr CLIENT will be ehargmd full commission at the rate herein set forth. On those accounts where property is repossessed by CLIENT or 9n, 1, then CLIENt will pay SFM one heir (1/1) of the normal commission due plus any additional costs Incurred by SFM in the procese of repossession nr the property. NOTE A secondary, account is An account that has been placed with another collection agency, a law Ilan, any odder collection entity or where judicial process has begun pilot to placement with SFM for collection. b. SF'M shall maintain proper records on those accounts of CLIENT placed with SF'7h1 for collection in such a manner that those accounts may be audited by CLIENT during normal buslness hours. 1. CLIENT shall report all payments, at time of rmlpt, to SFM if such payments are received by the CLIFNT while the account is assigned to5F11,1. 1. CLIENT shall report all bankruptcy notices and any nther communications From the debtor and/or any other third ptu l", At the time of receipt, to SFM white the account is Assigned toSF111. 91 CLIENT, Its Agents and employees, shall not be Ilabie rot any loss, damage, Injuries or other casualty of whatsncver kind or by whomsoever caused, to the person or property of anyone (IncludingSFl11) arising out of or resulting From SFM'sderlbrmance under this, tndSiPt for himself, his heirs, executors, administrators, successors and assigns, hereby agrees to Indomniry end hold CLIENT, itv agents and employees, harmless from and against all clsima. demands, liabilities, suits or Actions (including all ressonabic expenus and attorney's fees Incurred by or imposed upon CLIENT In connection therewith) for such loss, damage os other casually. 10, SF(N, its agents and employees, shall not be liable rot any loss, damage. injuries, or other casually of whi socva kind or by whomsoever caused, to the person or property of anyone (including CLIENT) arising out of or res0ing from CLIENTrs performance under this, and CLIENT for himseir, his heirs, executors. administrators, successor and assigt hereby agrees to Indemnify and hold SFM, its agents and employees, harmless from and against all claims . demand. liabilities- suits or salons (Including all reasonable expenses and arlorncy's fees Incurred by at imposed upon SFM in connection therewith) rot such loss damage or other casualty. I. OM agrees that any inlbimelion provided by CLIENT on the dcMnr will he used solely for the purpose of skip (racing and/or collection the accounts placed by Cf.1FNT. This informotinn will he held in the itrictertl of confidence sod used Far no other purpose. Exhibit "A" 12. 13. I J. I6. S Fhf For CLIF.N r) protection, all Nods colleaed by SFA1 on eccounls assigned ill be deposited doily into INN occo-ins. SFM wwTlmts that it does malniain proper insurance coverage for the proicciian of CI.ICNT. Upon ancellation of this agreement in willing, CLIENT allmvs SFM IRC Jnys to work end retrain oil accounts. Any accounts on which payment has been made may be kcpl rot an,hddidonal 90 days Rom dRls or lass pa MW The CLIENT Items and conveys to $FM the rilht of ettdorsem:nt In cica tnI drafts, checks, and notes for chlseclinn In the event of discovery of any material error by SFM of CLIENT, pmpet notice will be made by the discoverer to the other perry and ert will be made on a cooperative basis to resolve the error. CLIF,NT'9 NAAIF velure DRIB SI{nrrd6a ? Dale NanNat JCo ??y V.( G ?fftSieJtvf X JO I( !: (7/9C? e^ S ' Tide Name ile ??.r..... .-........ __.......... ...._......__................................._.?......,_......?._..,....... ZSIONMENT OF ACCOUNT TO A I.Aw FIRM It is undernond end speed tWt Vol may nlllad wrvicrr of a ter attics to ;he dpdeni eofleclian of these accounts resigned Far colhulan. I 7 -, y-,9I rat' 9i{nalmr / Ve ........? __.__....? _.._.._...r......._.._ .................................................... -..._........ . ........ ........._...,........ ^m INSTITVTINO LROhL P%OCFr.I)IHGS X RIfiH may in nay nor rarer ate recount Aar legal precredtnp Is the name of IM CLIENT _x whh or _._ withost the e+preu witlrn euawullon "Cl rare?V.11- Dete _....__ ?._._ _ __ _...?_. w .. _ ._..... _.._... __ .... ..................._.. ASSIGNMENT CLIRNT does hereby uNgs mot gF9.4 le claim abrtnn Its debtorls) Hang with any other roan that may be hwvrred In the telteot" of this Claim(s) This huienmeni Is made In eonsideraliw+ rer Irhl Caying ovv if CLIEN'r any amount reolired lone kni's M u in puaarrph d. Should multiple CLIENTS he" claims r{aisat Use nine debtor Md assign lhcir dahu to RFht, Rrb1 $hall, If aWordse, comolidrle the claims end pin "is air cou.1 costa. (This wilt Hlew IN to sos the CLIENTc detects in M1'104me). C nis(?I{naWre Dat? CREDIT RURF.AU REMRTINO C1.1ENT is desirous of Kevin{ Ihoea xeaums romaided le them to Rihi submfntd to a droll bureau. RM will npnrl the name of rrrh dttow eubmined by client to the Credit hweau In a timely hshlon. Clllal ahait Rel rlgUyll_IIN Id01.R d(IR KeoV l OMa Tr(? hN reppNed Ihp etcn WI to tk nedtt huteaa In War to Iorwerd net rpcs n l eo another collsedon agency, 1anr 4fgneture 'i ??????? August 1, 2003 Shaffer, Fry & Maclntyre 4400 Linglestown Road Harrisburg, PA 17112 Dear Mr. Fry Upon lengthy study of your firms handling of our charged-off accounts we have decided that you should immediately return all accounts that you don't currently have an established regular monthly payment schedule. We are sorry it has come to this but with the dollar amounts continually dropping (for example our other two agencies, who have far fewer accounts, actually had more recovery last month) the slow delivery of checks, (or none at all in June) the constant leaving of messages on your answering machine and reports that say the same thing month after month, both myself, the staff and my boss felt a change was in order. We'll continue to monitor your progress on the existing payment accounts and hope for a positive trend that would be beneficial for all. We will expect all the other accounts in our office by August 20, 2003. Should you have any questions concerning this, please give me call at 795-6018. Sincerely, Gregory D Fuller Collection Manager Exhibit "B" KARL M. LEDEBOHM ATTORNEY-AT-LAW P.O. Box 173 New Cumberland, PA 17070-0173 Phone: (717)938-6929 Fax: (717) 932- 0317 November 22, 2004 (Via Certified and Regular Mail) Mr. Scott Fry Shaffer, Fry & Mac Intyre 4400 Linglestown Road Harrisburg, PA 17112 Re: Members 1s` Federal Credit Union collection accounts Dear Mr. Fry: I have enclosed my previous letter to you dated July 12, 2004 for your reference. All accounts previously assigned to your firm have now been reassigned to Commercial Acceptance Company ("CAC'). Please be advised that CAC has taken steps to inform all of the account debtors previously assigned to your firm by Members 1s` of the reassignment of their accounts to CAC and to cease any further payments to your firm. As stated in my previous letter dated July 12, 2004, as of August 12, 2004, Shaffer, Fry & Mac Intyre was no longer authorized to accept any payments on any of the reassigned accounts. To the extent that Shaffer, Fry and Mac Intyre has received payments in connection with any of the accounts in question, Members V" hereby demands a full accounting of any and all of such payments and the remittance of proceeds to Members 1s` within ten (10) days of the date hereof. Any payments received by Shaffer, Fry & Mac Intyre after the date of this letter, if any, must be immediately returned to the account debtor tendering the payment. Members 1sr looks forward to the receipt of a full accounting and remittance for any payments received by Shaffer, Fry & Mac Intyre as of the date of this letter in the immediate future. Ve tr I ours, r 1 Karl M. Ledebohm Cc: Gregory D. Fuller, Collections Manager Enclosures Exhibit „C„ ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Pont your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front it space permits. 1. Article Addressed to: i s i A. PI Agent C3 Addre by (Printed C.I DIIIte of Del 11 D. Is delivery address different from item 1? U Ye: If YES, enter delivery address below: 0 No 3. Service Type 9 Certified Mail 0 Express Mail b Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ?003 0500 0001 6565 0936 (Transfer from service label) 0936--- P S Form 3811, February 2004 Domestic Return Receipt 102595-02-M15d0 [m?E4. // '9K kf rk M?1 F k A klr?l?p'?Vt ??}V"4 j \? t y ^W i'? 4 d ?: Jl,y A YvyL!y??.Y v'.1A ?' b. 1 1 EF' 1_ -HARRISBURG 4A 17112 Irosta9s {0.37.__._.. v.l. ,? ? _ _ s2.an _ ? oo7a O Certfflah nee { i p Pepum HecieetF e 00swnark. i X1.75 I {tr por?m2nf A?ey.letl? , _ -lard Q Rcs ctad ?'AO y (Cndusnmcn, ?a;,{ussa) ??C r !'„ 94.42 11/22/2004 O Isar r(+\ _ _.. -- - _ ?o Mtr Yo IUC 41 L? C(Y _?a YVC ?/ v IL C rN In V -04 11:01 RM MEMHERSIST FCU INS. DEFT' 7177955178 F aritirr?K, t4KY NAAI;iIV l Y KC MAY z 6 2m, 4400 Linglestown Road - Harrisburg, Pa 17112 ,axwrssass.vv wsssmwv¢mwwvwvvvwvvrsarvvwasssvvwsawvwavv.vs?. scs+vsssaazcavvrwsrsr DEBTOR STATUS REPORT MEMBERS 1ST FED. CREDIT UNION Mar 31, 2004 P.O. BOX 40 Client# S5 MECHANICSBURG, PA. 17055 Attn. GREG FULLER YOUR DEBTOR TURNOVER ORIGINAL CURRENT COLLECTED ACCOUNT NUMBER NUMBER DEBTOR NAME DATE BALANCE BALANCE TO DATE ADJ REMARKS 117734 03/06/02 1115.44 0100 0.00 0,00 Paid In FVC1 117734 03/06/02 6761.14 3125,00 2634,62 0.00 PAYING CLIENT 107261 11/22/00 7986.52 7261.52 725,00 0.00 BROKEN PROMISES 125978 01/21/03 4%1,66 1690.83 350.00 0.00 PAYMENT PLAN 111871 01/29/01 6300.22 3000.22 3300.00 0100 P.D, PROCESSING 102425 04/30/99 2663.91 2513.91 150.00 0.00 JUDGEMENT RECD 102425 06/30199 361,89 211.89 150.00 0.00 JUDGEMENT REC'0 107399 05/17/00 5675.02 1935.02 3800.00 0.00 P.O. PROCESSING 107400 05/17/00 $675.02 5545.02 0.00 0.00 CO-MAKER PAYING C. 101447 02/08/99 3473.94 3527.13 0.00 0.00 SHERIFF SALE 109955 11/08/00 7324.61 6389.61 935.00 0.00 PROMISE PAY 109955 11/08100 1230.69 115.39 1255.30 0.00 PROMISE PAY 106331 03/01/00 2652.91 1877.91 835.00 0.00 P.O. PROCESSING 106331 03/01/00 4197.37 3702.37 515.00 0.00 P.D. PROCESSING 102269 04/08/99 1656.66 1885.60 0.00 0.00 JUDGEMENT RBC'D 111873 01/29/01 3173.15 437.15 2736.00 0.00 P,D. PROCESSING 104321 09/13/99 9141.86 6731,66 2450.00 0.00 BOUNCED CHECK 107533 ! 06102/00 . 2267.92 2614.00 0.00 0.00 JUDGEMENT RECTO 115228 1 07/25/01 3606.64 3106.84 500.00 0.00 PROMISE PAY 116051 08/03/01 23199.95 20099.95 3100.00 0.00 PAYMENT PLAN 109205 09/27100 5048.66 1818.66 3230.00 0.00 P.D. PROCESSING 124166 10/24/02 2504.50 1024.50 1500.00 0.00 P.D. PROCESSING 101078 01/11/99 5443.71 3317.21 2675,00 0.00 P.D. PROCESSING o_ 100529 09/23/96 1413.62 1323.62 90.00 0.00 JUDGEMENT REC'0 105714 01/03/00 2479.97 950.00 1549.97 0100 PAYMENT PLAN 108342 08/03/00 2369.90 1109,90 1300100 0100 P.D. PROCESSING 108347 08/03/00 8142.98 8151.19 0.00 0.00 JUDGEMENT RECD 116584 12/06/01 4951.25 4951.25 0.00 0100 CO•HAKER PAYING 118583 12/06/01 4951.25 921.25 4050.00 0.00 P.D. PROCESSING 116463 08/27/01 3376.65 1168,65 2250.00 0.00 P.D. PROCESSING 104394 1 09/21/99 7895,48 7898.50 500.00 0.00 JUDGEMENT RECID 100417 0947/98 6359.32 1136.82 5482.50 0.00 P.D. PROCESSING 108337 I 08/03/00 3849.82 1314.82 2595.00 0100 PAYMENT PLAN 101061 04108/99 4749,10 1449.10 3320,00 0.00 P.O, PROCESSING 101081 01/11/99 45S.28 0.00 153.28 0.00 Paid in Full 101081 01/11/99 7644.33 6609,47 1034.86 0.00 P.D. PROCESSING 101081 01/11/99 3831.28 2821.42 1009.86 0100 P.D. PROCESSING 116459 08/27/01 14393.96 12033.96 2420.00 0,00 P.D. PROCESSIN4 Exhibit "D" -04 11 :01 Pri MEMBERSIS:T FCII INS;. DEPT 7177`+5517,_ NNER 090TOR NAME „1. 107530 107529 106522 102284 . 118572 "`? 11857! ' 106333 119157 _ 102960 102142 113137 113137 106332 102989 $115649 115648 110970 110970 102423 107625 109197 116460 116461 1043% 1 1043% 1 108952 I 108952 I 108953 ! 108953 ! 108071 106302 69 Acc*mts Ltstod n i 1 " IA 7URNO/ER ORIGINAL CURRENT COLLECTED DATE BALANCE BALANCE TO DATE ADJ 06/02/00 3520.53 3260.33 0.00 0.00 06/02/00 3520.53 880.53 2800.00 0.00 03/15/00 2839.94 2839.94 0.00 0.00 04/08/99 4749.10 4299.10 0.00 0.00 12/06/01 2981.24 0.00 2981.24 0.00 12/06/01 7782.74 3623.99 4278.76 0.00 03/01/00 3413.72 4228.46 0.D0 0.00 01/17/02 9040.98 7310.98 1770.00 0.00 06/21/99 6671,28 8102.00 0.00 0.00 06/07/99 6671.28 8102.00 0.00 0.00 04/02/01 7040.76 1362.82 5677.94 0.00 04/02/01 1122.06 0.00 1122.06 0.00 _ 03101/00 1697.30 1731.55 0.00 0.00 ' 06/28/99 9029.87 3074,87 5955.00 0100 07125/01 2055,76 1255,76 820.00 0.00 07/25/01 2055.76 2055.76 0.00 0.00 04/26/01 1799.29 1774.29 25.00 0.00 04/26/01 6907.19 6882.19 25.00 0100 11/21/00 4687,12 3583,87 1103.25 0.00 11/21/00 2056,16 977.65 1098.51 0.00 09/27/00 5278.53 3506.26 1772.27 0100 08/27/01 10054.23 8384.23 1690.00 0.00 08/27/01 10054.23 10054.23 0.00 0.00 09/21/99 503.71 1120,58 0.00 0.00 09121/99 4680.04 5198.42 0.00 0.00 09112100 13811.58 11536.58 2335.00 0.00 09112/00 3929.35 1294.35 2695.00 0.00 09/12/00 13811.56 13811.58 0.00 0.00 09/12/00 3929.35 3929.35 0100 0.00 09/07/00 2754.61 300.00 2454.61 0.00 02/28/00 2209.44 1533.95 1693,25 0.00 353969.23 239767.36 %995128 IC UI .. t1'I[StKJ 1t! r',d I I I:??ouuo u' F(%X Eli, , -17E71I759 Ji-, fd'3 ?2:L1:? ?'3'?44>1 SHAFFER, FRY & MACINTYRE 44,10 i.LigleaepWn. Rod'j Harrieburg, Pa 17112 --_°-- --_z-------r _----- --- DEBTOR STATUS REPORT MEMBERS 107 FR e.0. BCX SO MR'CE;ANIC,9BUR.G, PA ACCn. :,REG 7ifLLER 7aA DEB I^N 4ULURi N:?4BEP NUBBER DEBTOR NAME CRE017 L'NI^uN 1''055 ?- Jan 3. 2007 ---? -- 1.e ti5 /F1L S7 / 7P3% tUANOVLR ORIOIN7A CUA8EN1 ?COL+ECTED DAIL BALANCE BALANCE T: WE AD, 1%el AN PL?nNAb Pad Ir, 1?1 , CLOSED &'13m n, rTJP; C10810 PER CLI J/ j 5b CLOSED PEA CLT y a. CLOSED PER CLr 704 CLOFFD /o CLOSED ,/1 Pu4 In Ayl1 A/ c1ON90 334 CLOSED + CLOSED 4 b" CI.06ED !y" 71 cLE>em CLOSED PER CLT 7 7f CLOSED PLA CLT 571 CLOSE) CLOSED aO Paid in No CLOW CLOW CLOSED PER CL1 lo'>< PhId In rL.i l -- [COSEC PEP CL I r 226 CLORO (AP4 Pe1d !n G?,. 1/6.3 Pa1d Ir Pult CLOSS9 PER 'L' JL'DOFNENT R"'O CLOSED 74.:. CLGSED CLOSED Na CLOW CLOSED PER CLI C'?CALLD PER C'LI ;2; CLONFO PEA CLI )j,5 CLOSED PER CLI CLOSED PEA CLT 11773" 03/Q6/CZ 1111.44 0,00 1 0.00 0.00 117774 03/06/06 6761 14 2650,00 V 2909.62 C. DO 107261 1112e/00 79!16.52 71t1.s?mr/ 875.00 0.00 111871 0109/01 6100,22 2300-.nhy.1/4000.00 0.13 107799 051'11/00 5679.02 1135.C2- 1m 4600.00 0.00 106311 03/01/00 2652.91 1827.97 w 945-.00 9 00 106331 I os/01/00 4197.37 1662.1//x 1111 AD C.c0 111873 01/29/0'! 51'3,11 / 0.00/2( 1173,35 0.00 1O4321 09/13/" 9141.86 6881 6fy/7g7t??a8n0.C0 7.00 11605' 05/03/01 25199,95 19199, 95?Jefq?4000 .00 0.00 109205 09/27/0c 5066.66 1053.6 37+5/3995.00 0.00 124166 10/t4/02 Rs04,50 244.50/ 3840.00 0.00 101078 01/111'99 5443.71 2617.21061/3175.00 3.00 106342 OB/03/00 no SO 909.41),e5315 c 0. DO 0.00 116463 1 08/27/01 3575.6'! 548.60AO/2850.00 0.00 IOW 7 1 09/07/98 6359.32 P76.82?1731?5H82.5C 101o51 04/08799 4749.10 1629. 13300.00 0.00 101081 0171099 445.28 0.00 - 455.28 0.00 101081 01/11/99 7644,33 6609.47 1034.66 0.00 101051 O1/11/'?V 3931.28 2821,42 - 1009.66 D.DC 116459 08/27/01 1439319b 11?33,9'W 11220.11 0.00 116`5r2 I I2/06/tl! 2981,24 0 00 - 2961.24 0.00 116572 1 '.2/06/01 7782.75 2147.9y44 / 798.76 0.00 119!5' 01/17/02 ;INO.98 6676. 080py5 h45. CC 0.00 113137 04/92/01 7C40.76 0 O I I04U.76 0.00 113137 04!02/01 1122.06 0.00 1122.06 0.00 115649 07/29/01 2065.76 976.74( 100.00 0.00 106364 F 05117/00 3966-913 3941.90 25.00 O.O) 110970 041?6101 6907,19 6782,19/65 125,QD 0.00 110910 04/26/01 1709.29 1674.79 1751 125.00 0.00 102427 11121/0o 4687.12 3133.87//!S3/ 1 s13.25 0.00 107625 11J?1./00 2056,16 L 917.6VILPYB/1198.51 0.00 IOV197 09/27/770 3278,43 3306,10/i7Y/1972 27 0.00 116460 08/27!01 10051.23 7584.23Anr 12710.00 C,CC 106952 09112100 13611.56 (,1p 660. DO 11211.6 0.00 106952 09712/00 3929135 / 869.SS/trI?3120.00 0.00 108953 09/12;00 1381'.58 15611.58 0.00 0.00 08953 09/12/00 7929,3S 3920.35 0 0D 0. On ol Exhibit „g 11 TO 2 FFti% !?G. . '17E711 X65 Js.?. !?3 ?V3J5 ??'taDAD' - v 9EB1oP 'VkNOVf:R Ok 16i1 ?'. I_RRENT LO: LE Ci ED • A'J? t16MNPYt ppg CA'E QAIANC'E 0 GALE L1A. AhCE ?NNJBBF5 ]U^?LF CCaCR NAME • .f. 'YV 7 JOi 7?; 00 2T5+.O1 e+ 0.0 ?Z7'34 ? o,CO Prid , 'nVmLNl a Go ?. v^,? 1 V +099 .OO u 1698.25 ?52ri.0 ?13 . . a,i2aAOC 2 23'001.'5 %C850.+.6 X111.0 47 37 }? r N kc .ehd'^$ 4''" et hot, ?? Nm? ? wN r h y.,„ w KARL M. LEDEBOHM ATTORNEY-AT-LAW P.O. Box 173 New Cumberland, PA 17070-0173 Phone: (717)938-6929 Fax: (717) 932- 0317 January 13, 2005 (Via fax: 652-8017 and 671-1769 and Certified and Regular Mail) Mr. Robert Maclntyre, Esq. Maclntyre & Maclntyre 6000 Linglestown Road Harrisburg, PA 17112 Scott Fry Shaffer, Fry & Maclntyre 4400 Lingelstown Road Harrisburg, PA 17112 Re: Shaffer, Fry & Maclntyre and Members 1't Federal Credit Union Dear Mr. Maclntyre: Dear Mr. Fry: Since my letter dated January 3, 2005, Members 15` has received from Mr. Fry an account statement dated January 4, 2005 for the S5 client group - which is blank - along with the attached written explanation for the failure to deliver statements for the S5 client group for the months of May, June, July, August, September and November, 2004. Upon comparison of the amounts collected to date set forth in the S5 client group statement dated April 30, 2004 to the S5 client group statement received via fax and dated January 3, 2005, Shaffer, Fry & Maclntyre is obligated to Members 1 st for the immediate payment of approximately $8,463.62 for the above missing months in 2004 calculated as follows: 1. Difference in gross amounts collected between 4/30/04 and 01103/05 statements. $12,134.00 2. Less 22% commission 2,669.48 3. Net funds due to Members 15` $9,464.52 4. Less payment received on 10/04/04 1,000.90 Exhibit "F" 5. Approximate Net amount due to Members 15t $8,463.62 Although the computer related issues which may have been suffered by SFM as set forth in the attached explanation are unfortunate, such issues are only relevant to producing the account statement for the missing months. What is clear and readily ascertainable from SFM's own statements is that SFM owes to Members 1St at least $8,463.62. For the above reason, any computer related issue as claimed by SFM does not justify any delay on the part of SFM in delivering to Members 1St payment in the amount of $8,463.62 evidenced to be due and owing to Members 1" by SFM's own records. Additionally, although the debtor accounts set forth on the enclosure marked Exhibit "A" appear on the April 30, 2004 S5 client group statement, those accounts are conspicuously absent from the statement dated January 3, 2005 without adequate explanation. Although it continues to be the hope of Members 1St that SFM will not force Members 1St to litigate this matter, Members 16t has authorized me to take the necessary steps to commence formal litigation against SFM for the recovery of all amounts due to Members 1St without further notice in the event the following are not delivered to Gregory D. Fuller, Collections Manager on or before the corresponding deadlines. 1. $8,463.62 on or before 5:00 P.M. Wednesday, January 19, 2005; 2. Complete account statements for the S5 client group for the months of May, June, July, August, September and November, 2004 along with substantiation of the disposition of the accounts set forth on Exhibit "A" in form and content acceptable to Members 1St on or before 5:00 P.M. Friday, January 21, 2005. Nothing herein shall constitute a postponement or waiver on behalf of Members 1St of any rights and remedies which Members 1St may have against SFM or any third parties for the recovery of any amounts due to Members 1St by SFM either at law or in equity. Members 1St looks forward to the delivery of the above documentation and payment in the immediate future. Very/try ly y?urs f Karl M. Le?lebohm Cc: Gregory D. Fuller, Collections Manager Enclosures Exhibit "A° Debtor: SFM Debtor Account No.: 125978 2. 107400 3. 109955 4. 102425 5. 101447 6. 102269 7. 107533 8. 115228 9. 100529 10 105741 11. - 108347 12. 118584 13. 118583 14. 104394 15. 107530 16. 107529 17. 106522 18. 106333 19. 102960 20. 102742 21.; 106332 22.; 116461 23.' ) 104396 CERTIFIED MAILTm REGEIF (Domestic Mail Only; No Insurance Covera; i Z C 3 Q E 8 O O N 2 U ? LL N - E r Z M Z m 0 y u c o Q ? LL N N LL ? L NARRISBURG''PA 471'12 '"` J `? Postage $ W, 37 a C3 Certified Fee 42.30 t X O / M Return t Fee 4L75 (Endorsement nt Required) ? r? 1 p Restricted Relive Fee 1x11 411 p (Endorsement Reg Ired) , Ln C3 44.42 `, 01/13rIj? ! ? Total Postage & Fees M C3 C Senl To 4 .. Street, Apt No,; 6r PO Box NO tiG/r. I ul p LT- to Ln .D p p p O ll'I O m 0 O d Z? O L V• Q Q O l!• ? Z ? ? ? ? N E ? p D ) O f A E E o w E v ? m ' 1 ? N N f`- m y¢ u ?? v ? ?CY? O C N r{ d b D ° N O •n tI7 m e Ir $ O ' n m a ? ? Q [7 6 N ¢ 4 m K O c p Q O v O ' m o p m i E .? p E ^ M V Vl r T y ± _N 9 CO r Q N ! N y 4 O N d y N _ N?V CY N tt1 Q d A ? S t S? ? l1 ? p N U d C E y ,f . 'r N ;: B E E o o pE?o p Q t (.7 .?LL'NQ O N to LL t a HARRISBURG FA 17112 Postage $ 40.37 i 4 '3 o p Certified Fee p ?? ' ? p tFee Return 41.75 1: C osar < eg (Endorsement Required) Hera ED C3 Restricted Delivery Fee 4Q,IJQ Ll (Endnrsement Required) p Total Postage a Fees $ 44.x' Ol/13?2005 M p Sent To ) - - - Sbee; APt No. ---------- ------------------ - - - - or PO BOx Ne LIIC( ?: "Jsl' j _ -' -' ------ Clry, State, ZIPFq it- l I - VERIFICATION I, Gregory D. Fuller, Collections Manager for Members 1" Federal Credit Union, being authorized to do so on behalf of Members 1 s` Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworu falsification to authorities. Members 1" Federal Credit Union By: 1? Y egory D. Fuller, Collections Manager N i v ^ y ov? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02519 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS FRY H SCOTT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: FRY H SCOTT but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 3rd , 2005 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18.00 -'" Out of County 9.00 -' l - C Surcharge 10.00 R. Thomas Kline Dep Dauphin County 55.25 Sheriff of Cumberland County Postage 3.97 %VGL 06/03/2005 KARL LEDEBOHM Sworn and subscribed to before me this day of S? A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02519 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS FRY H SCOTT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MACINTYRE ROBERT B but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 3rd , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 06/03/2005 KARL LEDE13OHM So answers--..- R`. Thomas Kline` Sheriff of Cumberland County Sworn and subscribed to before me this day of _ A.D. rothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02519 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS Y H SCOTT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MACINTYRE ROBERT B GEN PARTNER FOR SHAFFER FRY & MACINTYRE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 3rd , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 06/03/2005 KARL LEDEBOHM So answers -? R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me yt,, this day of ?UbS A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02519 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS FRY H SCOTT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ACCELERATED ASSET RECOVERY INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 3rd , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 06/03/2005 KARL LEDEBOHM So answe _ ..... R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me Q? day of this ?bC1? CIA- A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Members 1st Federal Credit Union vs. H. Scott Fry et al 05-2519 civil SERVE: No. H. Scott Fry, individually Now, may 19,, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this _ day of 20 20_, at o'clock M. served the COSTS SERVICE MILEAGE _ AFFIDAVIT the contents thereof. County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Members 1st Federal Credit Union vs. H. Scott Fry et al 05-2519 civil No. SERVE: H. Scott Fry as general partner for Shaffer, Fry & MacIntyre Now, May ;19,: zoos , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of . County, PA COSTS Sworn and subscribed before . SERVICE $ me this _ day of 20 MILEAGE AFFIDAVIT 20_, at o'clock M. served the In The Court of Common Pleas of Cumberland County, Pennsylvania Members 1st Federal Credit Union vs. H. Scott Fry et al No. 05-2519 civil SERVE: Robert B. MacIntyre, individually Now, may '19,. 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to 20 at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of . County, PA COSTS Sworn and subscribed before SERVICE $ me this - day of 20 MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Manbers 1st Federal Credit Union vs. H. Scott Fry et al SERVE: Robert B. MacIntyre as general partner ford' Shaffer, Fry & MacIntyre Now, may ;19,: 2005 hereby deputize the Sheriff of 05-2519 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 20at o'clock M. served the and made known to copy of the original So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this _ day of 20 MILEAGE AFFIDAVIT the contents thereof. County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania: Members 1st Federal Credit Union vs. H. Scott Fry et al No. 05-2519 civil SERVE: Accelerated Asset Recovery Inc Now, may 19, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 20_, at o'clock M. served the and made known to Sworn and subscribed before me this day of 20, copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT 1I 14t o$4rri ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fm:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin • MEMBERS 1ST FEDERAL CREDIT UNION vs • ACCELERATED ASSET RECOVERY INC Sheriff's Return No. 0917-T - - -2005 OTHER COUNTY NO. 05-2519 AND NOW:May 25, 2005 COMPLAINT FRY H SCOTT INDIVIDUALLY to DEFENDANT of the original at 10:31AM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT to him/her the contents thereof at 811 WHITEHAVEN RD HBG. PA 17112-0000 Sworn and subscribed to before me this 26TH day of MAY, 2005 11 fit/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Alc- t? and making known Sheriff of Dauphine ounty, Pa. By Deputy Sherif Sheriff's Costs:$55.25 PD 05/20/2005 RCPT NO 207108 GMILLER 0)W cc Vf t4e ?4jvr- Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor COMPLAINT Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MEMBERS 1ST FEDERAL CREDIT UNION vs County of Dauphin ACCELERATED ASSET RECOVERY INC Sheriff's Return No. 0917-T - - -2005 OTHER COUNTY NO. 05-2519 AND NOW:May 25, 2005 at 10:31AM served the within COMPLAINT upon FRY H SCOTT AS PARTNER FOR SHAFFER FRY & by personally handing MACINTYRE to H. SCOTT FRY 1 true attested copy(ies) of the original to him/her the contents thereof at 811 WHITEHAVEN RD HBG, PA 17111-0000 Sworn and subscribed to So Answers, /n before me this 26TH day of MAY, 2005 Q k J;l*? C!/ti NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 Sheriff By J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy and making known , Pa. Deputy Sheriff Sheriff's Costs:$55.25 PD 05/20/2005 RCPT NO 207108 GMILLER (fi?,e f t4P ?4Pxtff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MEMBERS 1ST FEDERAL CREDIT UNION vs • ACCELERATED ASSET RECOVERY INC Sheriff's Return No. 0917-T - - -2005 OTHER COUNTY NO. 05-2519 AND NOW:May 25, 2005 COMPLAINT MACINTYRE ROBERT INDIVIDUALLY to JOHN HOUTON, SUPERVISOR of the original at 10:10AM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 4400 LINGLESTOWN RD HBG, PA 17112-0000 Sworn and subscribed to before me this 26TH day of MAY, 2005 ll?/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, e,;? i? / \ Sheriff of Dauphin county, Pa. ?fl By Deputy Sheri Sheriff's COStS:$55.25 PD 05/20/2005 RCPT NO 207108 GMILLER o f fi rk .0 f 14P o` Ext f f Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MEMBERS 1ST FEDERAL CREDIT UNION vs County of Dauphin ACCELERATED ASSET RECOVERY INC Sheriff's Return No. 0917-T - - -2005 OTHER COUNTY NO. 05-2519 NOW:May 25, 2005 at 10:10AM served the within J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy COMPLAINT upon MACINTYRE ROBERT B AS PARTNER FOR by personally handing SHAFFER FRY MACINTYRE to JOHN HOUTON, SUPERVISOR 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 4400 LINGLESTOWN RD HBG, PA 17112-0000 Sworn and subscribed to before me this 26TH day of MAY, 2005 So Answers, k ?r? 11 !-- NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 Sheriff of Dauphin County, Pa. P. By Deputy Sheriff Sheriff's Costs:$55.25 PD 05/20/2005 RCPT NO 207108 GMILLER (pffive Of t4Q ?$4,eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MEMBERS 1ST FEDERAL CREDIT UNION vs ACCELERATED ASSET RECOVERY INC Sheriff's Return No. 0917-T - - -2005 OTHER COUNTY NO. 05-2519 AND NOW:May 25, 2005 COMPLAINT ACCELERATED ASSET RECOVERY INC to JOHN HOUTON, SUPERVISOR of the original at 10:10AM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 4400 LINGLESTOWN RD HBG, PA 17112-0000 Sworn and subscribed to before me this 26TH day of MAY, 2005 A2?? - A--- NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, kw;? r? Sheriff of Dauphin County, Pa. By Deputy Sheri Sheriff's Costs:$55.25 PD 05/20/2005 RCPT NO 207108 GMILLER Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Email: reed] aw(a-),dirccwav, coin MEMBERS 1" FEDERAL CREDIT UNION Plaintiff vs. H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC. a Pennsylvania corporation Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2519 Civil Tenn PRAECIPE FOR ENTRY OF APPEARANCE TO Curt Long, Prothonotary: Please enter the appearance of the undersigned, Robert P. Reed, Esquire on behalf of Defendant, H. Scott Fry. Dated: 6 "/G `e' ?- LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Counsel for Defendant H. Scott Fry CERTIFICATE OF SERVICE And now, on this Aixl day of June, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 Beinaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 LAW OFFICE OF ROBERT P Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 156' Counsel for Defendant, Joseph A. Curcillo, III, Esquire } fey ' ? N Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Email: reedlawna direcway.com MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. H. SCOTT FRY and NO. 05-2519 Civil Term ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: Members 1" Federal Credit Union c/o Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 And Robert MacIntyre, Shaffer Fry & MacIntyre and Accelerated Asset Recovery, Inc c/o Joseph A. Curcillo, III, Esquire Beinaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER AND CROSS-CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Counsel for Defendant, H. Scott Fry Dated: 6 ,,,,? 7 -03- Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Email: reedlaw Adirecway_com MEMBERS Is'FEDERAL CREDIT UNION Plaintiff VS. H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Tenn CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND CROSS-CLAIM OF DEFENDANT. H. SCOTT FRY AND NOW, comes Defendant H. Scott Fry by his Attorney, Robert P. Reed, Esquire, and responds to the Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. COUNTI 5. Admitted in part and denied in part. It is admitted that the principal place of business of Shaffer, Fry & MacIntyre (hereinafter "S F M") was 4400 Linglestown Road, Harrisburg, PA 17112. The remaining averments of this paragraph are denied. Rather, on information and belief, responding Defendant. avers that S F M was a Subchapter S corporation and not a general partnership. 6. Denied as stated. Responding Defendant avers that the agreement dated July 14, 1998 was not between the Plaintiff and all defendants but rather the Plaintiff and Shaffer Fry & Macintyre (S F M) and that the responding; Defendant executed said agreement on behalf of S F M in his capacity as Vice President of S F M. 7. The agreement dated July 14, 1998, Exhibit A to the Plaintiff's complaint, speaks for itself. 8. The agreement dated July 14, 1998, Exhibit A to the Plaintiff's complaint, speaks for itself. 9. The agreement dated July 14, 1998, Exhibit A to the Plai:ntiff's complaint, speaks for itself. 10. Denied absolutely. All checks due and owing to the Plaintiff were paid over to the Plaintiff. All accounts were processed and, when requested by the Plaintiff, were closed or turned over to the firm of MacIntyre and MacIntyre for collection. When Plaintiff requested the closure of the accounts all statements and any monies still owing were duly mailed or hand delivered to the Plaintiff. 11. Admitted in part and denied in part. It is denied that there was any default on the part of the Defendants, or that the responding Defendant was A general partner of S F M. Rather, the responding Defendant was Vice President of S F M and was clearly designated as such in the Agreement dated July 14, 1998, Exhibit A to the Plaintiff's complaint. It is admitted that the letter dated August 1, 2003 was received and it is averred that the Defendants complied with the Plaintiffs requests as stated in said letter. 12. Admitted. By way of further answer, Defendants complied with the Plaintiff's wishes and returned all accounts of the Plaintiff, with the exception, pursuant to paragraph 14 of the Agreement of July 14, 1998, of those accounts on which payments were being made. All accounts of the Plaintiff were closed by the end of May, 2004, and any remaining statements or checks were mailed or hand delivered to the Plaintiff. No further collections were made on behalf of the Plaintiff after the end of May, 2004. 13. Admitted. By way of further answer, in response to the Plaintiff's letter of November 22, 2004, Exhibit C to the Complaint, responding Defendant informed the Plaintiff that all monies owing to the Plaintiff had been paid and in compliance with the Plaintiff's directions all accounts had been closed or forwarded to the firm of MacIntyre and MacIntyre for collection. At that point S IF M had no records of the Plaintiff's accounts as all such records were purged sixty days after closure. 14. Denied for the reasons set forth in paragraph 13 above, the averments of which are incorporated herein by reference. 15. Denied for the reasons set forth in paragraph 13 above, the averments of which are incorporated herein by reference. 16. Admitted. By way of further answer, the statement of January 3, 2005 was generated in an attempt to comply with the repeated requests of the ]Plaintiff, and was created with the assistance of the software vendor. The only purpose of said statement was to attempt to relate debtors' names with account numbers and not to recreate a reliable statement of balances and monies owing. Responding Defendant informed the Plaintiff of the purpose of said statement and that the monetary figures shown were not accurate and were not to be relied on. 17. The averments of this paragraph and its conclusions are denied absolutely for the reasons set forth in paragraph 16 above, the averments of which are incorporated herein by reference. By way of further answer, responding Defendant repeatedly informed the Plaintiff that all accounts had been closed, no collections made past the end of May, 2004, that all monies owning to the Plaintiff had been duly paid and that the statements set forth in the January, 2005 statement (Exhibit E to the Complaint) were inaccurate and not to be relied on. 18. Admitted. By way of further answer Defendants were unable to comply with the demands of the letter of January 13, 2005 (Exhibit F to the Complaint) for the reasons stated in paragraphs 16 and 17 above, the averments of which are incorporated herein by reference. 19. Denied. No further payments are due and owing to the Plaintiff for the reasons set forth in paragraphs 16 and 17 above, the averments of which are incorporated herein by reference. WHEREFORE, Defendant H. Scott Fry demands judgment in his favor and against the Plaintiff. COUNT II 20. The averments set forth in paragraphs 1 through 19 above are incorporated herein by reference as though set forth at length. 21. Denied. The Agreement of July 14, 1998 was between Members 151 and Shaffer Fry & Machityre (S F M) and was executed on behalf of S F M by H. Scott Fry as Vice President, a designation clearly appearing in said agreement. No representations were made to the Plaintiff that Shaffer Fry & Machityre was a general partnership. 22. Denied that the beliefs held by the Plaintiff were reasonable or came about as the result of any conduct or representation of the Defendants. As stated in paragraph 5 above, the averments of which are incorporated herein by reference, S F M is a Subchapter S corporation and was a separate entity from Accelerated Asset Recovery, Inc. According to records of the Corporation Bureau of the Pennsylvania Department of State Accelerated Asset Recovery, Inc. then registered Shaffer Fry & Macintyre as a fictitious name pursuant to filings made on February 26, 2001. 23. Denied for the reasons set forth in paragraphs 21 and 22 above, the averments of which are incorporated herein by reference. WHEREFORE, Defendant H. Scott Fry demands judgment in his favor and against the Plaintiff. COUNT III 24. The averments contained in paragraphs 1 through 23 above are incorporated herein by reference as though set forth at length. 25. Denied. After reasonable investigation the responding Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 26. Denied. After reasonable investigation the responding Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendant H. Scott Fry demands judgment in his favor and against the Plaintiff. COUNT IV 27. The averments contained in paragraphs 1 through 26 above are incorporated herein by reference as though set forth at length. 28. Denied. After reasonable investigation the responding Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. By way of further answer, it is denied that the Defendants are in breach of their obligations under the Agreement of July 14, 1998 for the reasons set forth in Count I above, the averments of which are incorporated herein by reference as though set forth at length. 29. Denied. After reasonable investigation the responding Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. By way of further answer, as stated in Count I above, all accounts were, at the request of the Plaintiff, turned over to the firm of MacIntyre and Machityre for legal action or were closed by the end of May, 2004, and no further collections were made by S F M thereafter. 30. Denied for the reasons set forth in Count I above and paragraph 29 above, the averments of which are incorporated herein by reference as though set forth at length. 31. Denied for the reasons set forth in Count I above and paragraph 29 above, the averments of which are incorporated herein by reference as though set forth at length. By way of further answer, after reasonable investigation and belief the responding Defendant is without knowledge or information as to what expense and resources have been expended by the Plaintiff, and the averments of the same are therefor denied and proof thereof is demanded. 32. Denied. After reasonable investigation and belief the responding Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendant H. Scott Fry demands judgment in his favor and against the Plaintiff. NEW MATTER 33. The averments contained in paragraphs 1 through 32 above are incorporated herein by reference as though set forth at length. 34. Shaffer Fry & Maclntyre (S F M) was a Subchapter S corporation of which responding Defendant, H. Scott Fry, was Vice President at the time of the execution of the Agreement dated July 14, 1998 (Exhibit A to the Complaint). Said Agreement clearly designated the responding defendant in his capacity as such. 35. Responding Defendant was a mere agent of S F M and is not a proper party Defendant to the present action. 36. Responding Defendant has repeatedly informed the Plaintiff through its agents, the collection managers of which there were at least three, that at their direction all accounts were closed or turned over to the firm of MacIntyre & MacIntyre for collection, and that no further sums were owing to the Plaintiff. 37. The responding Defendant replied to all requests and demands made by the Plaintiff with the same information as contained in paragraph 36 above. WHEREFORE, Defendant H. Scott Fry demands judgment in his favor and against the Plaintiff. CROSS-CLAIM H. SCOTT FRY V. ROBERT MACINTYRE, SHAFFER FRY & MACINTYRE, AND ACCELERATED ASSET RECOVER, INC. 38. The averments contained in paragraphs I through 37 above are incorporated herein by reference as though set forth at length. 39. Defendant H. Scott Fry was a shareholder and officer of S F M and Accelerated Asset Recovery, Inc., and as such was not personally responsible for the debts or obligations of those entities. 40. When requested by the Plaintiff, responding Defendant forwarded Plaintiffs accounts to the firm of Maclntyre and MacIntyre for collection. 41. It is believed and therefore averred that MacIntyre and MacIntyre is a general partnership and that Defendant Robert Machityre is a general partner thereof. 42. Should Defendant H. Scott Fry be found liable to the Plaintiff, which liability is specifically denied, it is averred that said liability is secondary to that of Robert Maclntyre, S F M, and Accelerated Asset Recovery, Inc., and that Defendant H. Scott Fry is entitled to indemnity and/or contribution, as may be appropriate, from said Defendants. WHEREFORE, should Defendant H. Scott Fry be found liable to the Plaintiff, which liability is specifically denied, H. Scott Fry demands judgment for indemnity and/or contribution, as may be appropriate, from Defendants Robert Machityre, S F M, and Accelerated Asset Recovery, Inc. LAW OFFICE: OF ROBERT P. REED BY:?T Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Counsel for Defendant H. Scott Fry Dated: (o -? - 5? VERIFICATION I, H. Scott Fry, hereby swear or affirm that the facts set forth in the foregoing Answer with New Matter and Crossclaim are true and correct to the best of my information, knowledge and belief,, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. i Dated: /Z7/D S C?? cott Fry CERTIFICATE OF SERVICE, And now, on this o27 day of June, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Defendant H. Scott Fry's Answer with New Matter and Cross- Claim this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 1 7070-0 1 73 Joseph A. Curcillo, III, Esquire Beinaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Counsel for Defendant, H. Scott Fry -i M Zf" N3 P n P? r i 'ti 1 r'- N y Joseph A. Curcillo, III, Esquire BEINHAUR & CURCILLO Supreme Court No. 44060 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 (717)6519200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1sT FEDERAL CIVIL ACTION - LAW CREDIT UNION, Plaintiff V. H. SCOTT FRY And ROBERT MACINTYRE, t/d/b/a SHAFFER, FRY & MACINTYRE, A Partnership, and ACCELERATED ASSET RECOVERY, INC., A Pennsylvania Corporation, Defendants NO. 05-2519 Civil Term NOTICE TO PLEAD TO: MEMBERS 1sT FEDERAL CREDIT UNION c/o Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 1707-0173 H. SCOTT FRY c/o Robert P. Reed, Esquire 1983 Mannsville Road Elliottsbur€;, PA 17024 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Joseph A. Curcillo, III, Esquire BEINHAUR & CURCILLO Supreme Court No. 44060 3964 Lexington Street Harrisburg, PA 17109 (717) 651-9100 (717) 6519200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1sT FEDERAL CIVIL ACTION - LAW CREDIT UNION, Plaintiff V. H. SCOTT FRY NO. 05-2519 Civil Term And ROBERT MACINTYRE, t/d/b/a SHAFFER, FRY & MACINTYRE, A Partnership, and ACCELERATED ASSET RECOVERY, INC., A Pennsylvania Corporation, Defendants ANSWER WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Shaffer, Fry & MacImyre is a registered fictitious name owned by Defendant Accelerated Asset Recovery, Inc., a Pennsylvania Sub-chapter S Corporation. -2- 6. Admitted in part. Denied in part. It is admitted that Plaintiff and Defendant Accelerated Asset Recovery, Inc., by way of it's subsidiary Shaffer, Fry & lvlaclntyre entered into the contract referred to in Plaintiffs Complaint. It is denied that Defendant. Robert B. Maclntyre, individually, entered into any contract with Plaintiff. 7. Admitted in part. Denied in part. It is admitted that Plaintiff and Defendant Accelerated Asset Recovery, Inc., by way of it's subsidiary Shaffer, Fry & Maclntyre entered into the contract referred to in Plaintiffs Complaint. It is denied that Defendant Robert B. MacIntyre, individually, entered into any contract with Plaintiff. & Admitted in part. Denied in part. It is admitted that Plaintiff and Defendant Accelerated Asset Recovery, Inc., by way of it's subsidiary Shaffer, Fry & NlacIntyre entered into the contract referred to in Plaintiffs Complaint. It is denied that Defendant Robert B. MacIntyre, individually, entered into any contract with Plaintiff. 9. Admitted in part. Denied in part. It is admitted that Plaintiff and Defendant Accelerated Asset Recovery, Inc„ by way of it's subsidiary Shaffer, Fry & MacIntyre entered into the contract referred to in Plaintiffs Complaint. It is denied that Defendant Robert B. MacIntyre, individually, entered into any contract with Plaintiff. 10. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. 11. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. '2- 12. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. 13. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. 14. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. 15. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. 16. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. 17. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. While the mathematics and calculations of the plaintiff are not in dispute, the actual amounts due and owing, being the basis of the calculations, are unavailable to the responding Defendants. 18. Admitted. -3- 19. Neither admitted nor denied as the responding Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. The actual amounts due and owing are unavailable to the responding Defendants. WHEREFORE, Defendants demand that the claims set forth in the Plaintiffs' complaint be dismissed and that all costs be assessed against the Plaintiffs. It is the prayer of the Defendant that Plaintiffs takes nothing by reason of said complaint, that this Defendant be awarded reasonable attorney's fees and costs of suit incurred herein and for such other and further relief as the court deems just and proper. 20. Answers to paragraphs one through nineteen above are incorporated herein by reference as if set forth in their entirety. 21. Denied. To the contrary, for a period on six years, payments to the Plaintiff were drawn on checks bearing the name of Accelerated Asset Recovery, Inc. Further, at no time was Shaffer, Fry and MacIntyre held out as a partnership, or an entity separate and distinct from Accelerated Asset Recovery. 22. Denied. It is specifically denied as to the inference that the "belief' alleged was in anyway created, reinforced or attributable to the responding Defendants. 23. Neither Admitted or Denied as the allegation sets forth a conclusion of law. To the extent that the allegations contained in the Paragraph constitute an averment requiring an answer, the answers to paragraphs one through twenty-two are incorporated herein by reference as if set forth in their entirety. "4" WHEREFORE, Defendants demand that the claims set forth in the Plaintiffs' complaint be dismissed and that all costs be assessed against the Plaintiffs. It is the prayer of the Defendant that Plaintiffs takes nothing by reason of said complaint, that this Defendant be awarded reasonable attorney's fees and costs of suit incurred herein and for such other and further relief as the court deems just and proper. 24. Answers to paragraphs one through twenty-three above! are incorporated herein by reference as if set forth in their entirety. 25. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. 26. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. WHEREFORE, Defendants demand that the claims set forth in the Plaintiffs' complaint be dismissed and that all costs be assessed against the Plaintiff.. It is the prayer of the Defendant that Plaintiffs takes nothing by reason of said complaint, that this Defendant be awarded reasonable attorney's fees and costs of suit incurred herein and for such other and further relief as the court deems just and proper. -5- 27. Answers to paragraphs one through twenty-six above are incorporated herein by reference as if set forth in their entirety. 28. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. 29. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. 30. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. 31. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. 32. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. WHEREFORE, Defendants demand that the claims set forth in the Plaintiffs' complaint be dismissed and that all costs be assessed against the Plaintiffs. It is the prayer of the Defendant that Plaintiffs takes nothing by reason of said complaint, that this Defendant be awarded reasonable attorney's fees and costs of suit incurred herein and for such other and further relief as the court deems just and proper. -6- NEW MATTER 33. The responses to the Plaintiffs Complaint contained in Paragraphs I through 32 are incorporated herein by reference as if set forth in their entirety. 34. Accelerated Asset Recovery, Inc., and its subsidiary, became the subject of litigation in the Court of Common Pleas of Dauphin County Pennsylvania on or about April 7, 2005 at 2005- CV-1416-EQ. 35. The Dauphin County Action was commenced by Accelerated Asset Recovery, Inc, t/d/b/a Shaffer, Fry & MacIntyre, a Pennsylvania corporation and shareholder Robert B. MacIntyre against H. Scott Fry, a/k/a Harry Scott Fry and Brandie L. Fry, a/k/a Brandie L. Memory, husband and wife. 36. Defendant Shareholder Robert B. MacIntyre is in the process of investigating and reconstructing the business accounts of Accelerated Asset Recovery. 37. Due to the unavailability of paper and electronic records, the investigation and reconstruction the business accounts of Robert MacIntrye have not been completed and is ongoing. 38. If answering Defendants are found liable to plaintiffs, said liability being specifically denied, it is hereby alleged that any actions done by H. Scott Fry, a/k/a Harry Scott Fry and Brandie L. Fry, a/k/a Brandie L. Memory outside their corporate authority and or employment render them solely liable to the Plaintiffs, and/or jointly and severally liable to the Plaintiffs with answering Defendants, and/or liable over to answering Defendant in contribution and/or indemnity. -7- 39. Defendant Robert B. MacIntyre, at all relevant times, was not an employee of Accelarated Asset Recovery, Inc. or Shaffer, Fry and MacIntyre; he was only a shareholder and officer of Accelerated Asset Recovery, Inc. 40. Defendant Robert B. MacIntyre, at all relevant times, had no knowledge as to handling of Plaintiffs account by Accelerated Asset Recovery, Inc. or Shaffer, Fry and MacIntyre or its agents or assigns. FIRST AFFIRMATIVE DEFENSE 41. The responses to the Plaintiffs Complaint contained in Paragraphs 1 through 40 are incorporated herein by reference as if set forth in their entirety. 42. Plaintiff s claims against Robert B. MacIntyre, individually, are barred in whole or in part because they fail to state a cause of action upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE 43. The responses to the Plaintiffs Complaint contained in Paragraphs I through 42 are incorporated herein by reference as if set forth in their entirety. 44. As and for a separate and distinct affirmative defense, Plaintiffs claims against Robert B. MacIntyre, individually, are barred in whole or in part by the Statute of Frauds. -8- WHEREFORE, Defendants demand that the claims set forth in the Plaintiffs' complaint be dismissed and that all costs be assessed against the Plaintiffs. It is the prayer of the Defendant that Plaintiffs takes nothing by reason of said complaint, that this Defendant be awarded reasonable attorney's fees and costs of suit incurred herein and for such other and further relief as the court deems just and proper. SUBMITTED, DATE ?? III me o. 44060 F64 s ?t4fi o. 44 Le gton n Street Harrisburg, PA 17109 (717) 651-9100 -9- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1sT FEDERAL CIVIL ACTION - LAW CREDIT UNION, Plaintiff V. H. SCOTT FRY NO. 05-2:519 Civil Term And ROBERT MACINTYRE, t/d/b/a SHAFFER, FRY & MACINTYRE, A Partnership, and ACCELERATED ASSET RECOVERY, INC., A Pennsylvania Corporation, Defendants AFFIDAVIT OF SERVICE I, Joseph A. Curcillo, 111, Esquire, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below. Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 1707-0173 Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 DATED: Uhf 3964 Lexington Street Harrisburg;, Pennsylvania 17109 (717)651-9100 VERIFICATION I, Robert B. MacIntyre, have read the foregoing; Document and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. -? DATE: (v'5 ? Commonwealth of Pennsylvania, County of Dauphin ss: pfi Before me, a Notary Public in and for s id county and commonwe lth, on the day of n/e 2005, personally appeared X0 ke ,? /9 c/ who being duly sworn according to law, deposes and says that he is e cfe.q-? (Title) of ACCELERATED ASSETRECOVEI , INC t/d/b/a SHAFFER, FRY & MACINTYRE. a Pennsylvania corporation, the within namedplaintiff, and the facts set forth in the foregoing Complaint are true and correct. 11 Signature of Sworn to and subscribed before me this day o2005. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANNE E. HOUSER, Natary Public Lower Paxton Twp., Dauphin County My Commission Expires Sang C7 N Q (Y r i 2 ri CA N MEMBERS 13T FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 05-2519 H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE a partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation DEFENDANT. CIVIL ACTION-LAW ST AND NOW, comes Members I" Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney, Karl M. Ledebohm, and makes the following reply to the New Matter and Cross-Claim filed by defendant, H. Scott Fry to Plaintiff's complaint: 33. The averments set forth in this paragraph require neither admission nor denial. To the extent that answer is required, the averments set forth in this paragraph are denied and strict proof required at trial. 34. Denied. After reasonable investigations, Plaintiff is without knowledge or information concerning the accuracy of the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof is required at trial. To the extent that further answer is required, it is denied that Shaffer, Fry & MacIntyre ("SF&M") was a Subchapter S Corporation of which Defendant, H. Scott Fry, was Vice President at the time of the execution of the Agreement (the "Agreement") dated July 14, 1998 (Exhibit A to the complaint). To the contrary, a search of the Pennsylvania Department of State, Corporation Bureau records reveals that the Accelerated Asset Recovery, Inc., did not come into existence as a corporate entity until July 24, 1998, approximately ten (10) days after the Agreement was signed by Defendant, H. Scott Fry. By way of further answer, the Agreement, being a written document, speaks for itself. Even if SF&M was a subchapter S Corporation at the time of the Agreement, which is denied, nowhere in the Agreement does SF&M hold itself out to be a corporate entity. It is specifically denied that H. Scott Fry designated his capacity as "president" of SF&M, a corporate entity. 35. Denied. The averments set forth in this paragraph constitute conclusions of law which require neither admission nor denial. To the extent further answer is required, for the reasons set forth in paragraph 34 above, which averments are incorporated herein by reference, it is specifically denied that Defendant, H. Scott Fry, was a mere agent of SF&M and is not a proper party to the present action. To the contrary, nowhere in the Agreement does SF&M hold itself out to be a corporate entity. By way of further answer, no where in the Agreement does defendant, H. Scott Fry, hold himself out to be the "president" of SF&M, a corporate entity. 36. Denied. It is specifically denied that Defendant, through its agents, repeatedly informed the Plaintiff that all of the accounts were turned over to the firm of MacIntyre & MacInt7+re and that no further sums were owing to Plaintiff. It is further denied that Plaintiff instructed Defendant, H. Scott Fry, to so turn over any accounts to Macintyre & MacIntyre. To the contrary, SF&M continued to automatic debit and collect several accounts as late as November and December, 2004 despite Plaintiff's repeated, clear demands that all such collection activity cease. By way of further answer, at no time did Defendant, H. Scott Fry, indicate to Plaintiff that all of the accounts in question had been turned over to MacIntyre & Maclntyre for collection. By way of further answer, even if Defendant, H Scott Fry or SF&M unilaterally turned over to Maclntyre &. MacIntyre the accounts in question, same does not in any way effect or absolve the liability of Defendant, H. Scott Fry for the payment to Plaintiff of the amounts set forth in Plaintiffs complaint in this matter. 37. Denied. For the reasons set forth in paragraph 36 above, the averments of which are incorporated herein by reference, it is specifically denied that Defendant, H. Scott Fry, replied to all requests and demands made by the Plaintiff with the same information as contained in paragraph 36 of Defendant's New Matter. WHEREFOR, Plaintiff, Members I't Federal Credit Union, respectfully requests that this court enter judgment against Defendants, Robert MacIntyre and H. Scott Fry t/d/b/a Shaffer, Fry & MacIntyre and Accelerated Asset Recovery, Inc., in the amount of EIGHT THOUSAND FOUR: HUNDRED SD(TY-THREE AND 62/100 ($8,463.62) together with costs of suit and grant the other relief requested in the Plaintiff s Complaint in this matter. Respectfully submitted, Date: `x' psi M. Ledebolim, Esq. -me Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff VERIFICATION I, Gregory D. Fuller. Colleations Manager for Members Iu Federal Credit Union, being authorized to do so on behalf of Members I' Federal Credit Union, hereby verify that the statements made w ft foregoing pleading are true and correct to the best of my information Imowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Members Is` Federal Credit Union BY: 7 rt? yiegory D. Fuller, Collections //Manager CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 18th day of July, 2005, I served the within Reply to New Matter and Cross-Claim upon the following individuals by first class mail, postage prepaid, addressed as follows: Joseph A. Curcillo, III Beinhaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 submitted, Karl M. Ledebohm, Esq. Supreme Court ID k 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 r-y T_-n c._ ? m ? l T+? -?? }??? ?? ?n [ ) J { ' __ j n :! MEMBERS 1 IT FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF Vs. NO.: 05-2519 H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE a partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation DEFENDANT. CIVIL ACTION-LAW ST ROBERT B. MACINTYRE AND ACCELERATED ASSET RECOVERY, INC., T/D/B/A SHAFFER, FRY & MAC TYRE AND NOW, comes Members 1" Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney, Karl M. Ledebohm, and makes the following reply to the New Matter, First Affirmative Defense and Second Affirmative Defense filed by defendants, Robert B. MacIntyre and Accelerated Asset Recovery, Inc., t/d/b/a Shaffer, Fry & MacIntyre to Plaintiff's complaint: REPLY TO DEFENDANTS' NEW MATTER 33. The averments set forth in this paragraph require neither admission nor denial. To the extent that answer is required, the averments set forth in this paragraph are denied and strict proof required at trial. 34. Denied. After reasonable investigation, Plaintiff is without knowledge or information concerning the truth or accuracy of the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof is required at trial. 35. Denied. After reasonable investigation, Plaintiff is without knowledge or information concerning the truth or accuracy of the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof is required at trial. 36. Denied. After reasonable investigation, Plaintiff is without knowledge or information concerning the truth or accuracy of the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof is required at trial. 37. Denied. After reasonable investigation, Plaintiff is without knowledge or information concerning the truth or accuracy of the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof is required at trial. 38. Denied. After reasonable investigation, Plaintiff is without knowledge or information concerning the truth or accuracy of the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof is required at trial. By way of further answer, the averments set forth in this paragraph constitute conclusions of law which require neither admission nor denial. 39. Denied. After reasonable investigation, Plaintiff is without knowledge or information concerning the truth or accuracy of the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof is required at trial. 40. Denied. After reasonable investigation, Plaintiff is without knowledge or information concerning the truth or accuracy of the averments set forth in this paragraph and such averments are therefore denied and strict proof thereof is required at trial. REPLY TO DEFENDANTS' FIRST AFFIRMATIVE DEFENSE 41. The averments set forth in this paragraph require neither admission nor denial. To the extent that answer is required, the averments set forth in this paragraph are denied and strict proof required at trial. 42. Denied. The averments set forth in this paragraph constitute conclusions of law to which answer is not required. To the extent further answer is required, for the reasons set forth in Plaintiffs complaint filed in this matter, the averments of which are incorporated herein by reference, it is specifically denied that Plaintiff s claims against Robert B. MacLrtyre, individually, are barred in whole or in part because they fail to state a cause of action upon which relief can be granted. REPLY TO DEFENDANTS' SECOND AFFIRMATIVE DEFENSE 43. The averments set forth in this paragraph require neither admission nor denial. To the extent that answer is required, the averments set forth in this paragraph are denied and strict proof required at trial. 44. Denied. The averments set forth in this paragraph constitute conclusions of law to which answer is not required. To the extent answer is required, it is specifically denied that Plaintiff's claims against Robert B. MacIntyre, individually, are barred in whole or in part by the statute of frauds. WHEREFORE, Plaintiff, Members 1'` Federal Credit Union, respectfully requests that this court enter judgment against Defendants, Robert MacIntyre and H. Scott Fry, and t/d/b/a Shaffer, Fry & MacIntyre and Accelerated Asset Recovery, Inc., in the amount of EIGHT THOUSAND FOUR HUNDRED SIXTY-THREE AND 62/100 ($8,463.62) together with costs of suit and grant the other relief requested in the Plaintiff's Complaint in this matter. Respectfully submitted, Date:_ t7- c:, S, I M. Ledebohm, Esq. upreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff VIERIFICATION 1, Gregory D. Fuller, Collections Manager for Members 1' Federal Credit Union, being authorized to do so on behalf of Members 1 s1 Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1st Federal Credit Union By.. /7'1 D. Fuller, Collections CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 19`h day of July, 2005, I served the foregoing reply filed on behalf of Members I" Federal Credit Union upon the following individuals by first class mail, postage prepaid, addressed as follows: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 Joseph A. Curcillo, II, Esquire 3964 Lexington Street Harrisburg, PA 17109 Respectfully submitted, 9 arl M. a ebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 r? t7 ?? ? -? ? i C- u' y Cy- r? i:_. S?: pJ 1 ?rj -n y c .• ~3 ?? ?L ?? tr• MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff VS. H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Term CIVIL ACTION - LAW MOTION FOR LEAVE TO WITHDRAW AS COUNSEL TO DEFENDANT, H. SCOTT FRY Robert P. Reed, Esquire, hereby moves for leave to withdraw as counsel to Defendant H. Scott Fry both individually and in any other capacity he may have in the above litigation, and states as reasons therefor the following: 1. Movant was retained as counsel and entered his appearance by Praecipe received in the office of the Prothonotary on June 17, 2005. 2. The pleading stages of the present litigation have yet to be completed and as of the presentation of this Motion no discovery has been undertaken by any party. 3. An attorney-client relationship existed between the Movant and Mr. Fry since April 12, 2005, when Mr. Fry requested that Movant represent him in a certain action, Accelerated Asset Recovery, Inc. et al v. Fry, filed in the Court of Common Pleas of Dauphin County to number 2005-CV-1416-EQ. 4. In both the present matter and in the Dauphin County action it was agreed between the Movant and Mr. Fry that Movant's services would be billed on an hourly basis. 5. On and since April 18 and up to the present Movant has submitted to Mr. Fry a series of invoices for his services. Although Mr. Fry has assured the Movant on a number of occasions that he would be paid for his services, Mr. Fry has repeatedly extended the date when the Movant may hope for payment. As of the presentation of this Motion Movant has not been paid for any services rendered on behalf of Mr. Fry. 6. Movant believes, and therefore avers, that the grant of his Motion will not delay the present matter since it is still in its early stages. 7. As the ability to pay for legal services appears to be an issue with Mr. Fry, Movant has informed him of programs for free or reduced-fee legal services available in the area. 8. Movant has supplied all parties with a copy of this Motion at least one week before presentation to Your Honorable Court. WHEREFORE, Movant respectfully moves Your Honorable Court for an Order granting leave to the Movant to withdraw his appearance entered on behalf of Defendant, H. Scott Fry. LAW OFFICE OF ROBERT P. REED BY: %"nzn?t7 ?6z Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Dated: VERIFICATION I, Robert P. Reed, hereby swear or affirm that the facts set forth in the foregoing Motion for Leave to Withdraw as Counsel to Defendant, H. Scott Fry are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: G wl Robert P. Reed, Esquire CERTIFICATE OF SERVICE And now, on this day of August, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Motion for Leave to Withdraw as Counsel to Defendant H. Scott Fry this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: H. Scott Fry 811 Whitehall Road Harrisburg, PA 17111 Joseph A. Curcillo, III, Esquire Beinaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 r'' r_p - Tl cn ^_? y Cl Cn a r,? MEMBERS I" FEDERAL CREDIT UNION Plaintiff vs. H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants RECEIVED AUG 25 ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Term CIVIL ACTION - LAW 2 ORDER AND NOW, this 70 day of 2005, upon consideration of the attached Motion, a Rule is hereby entered on all parties to show cause, if any they have, why the prayer of the Motion should not be granted anc: Robert P. Reed, Esquire, given leave to withdraw his appearance entered on behalf of the Defendant. This Rule is returnable 0 days from service hereof. Robert P. Reed, Esquire, is directed to effect service of this Rule on all parti the same with this Court. and to file proof of J. L` fi I :Z PJ os snv SOOZ ,l?ibiG;av?;iti'wd aNy 3D MEMBERS I ST FEDERAL CREDIT UNION Plaintiff VS. H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Robert P. Reed, Esquire, hereby certify that I did serve a true and correct copy of the Court's Order dated August 30, 2005, by certified mail, return receipt requested, on Counsel for Plaintiff and for Defendants Robert MacIntyre t/d/b/a Shaffer, Fry and MacIntyre, and Accelerated Asset Recovery, Inc. The return receipts are attached hereto as Exhibit A. Service upon Defendant H. Scott Fry, by certified mail, was twice attempted and each time said mail was returned unclaimed. A copy of the Order was sent by regular mail dated September 30, 2005, and has not been returned as undeliverable. Dated: // ?? Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ -Attach this card to the hack of the mailpiece, or on the front if space permits. 1. Article Addressed to: -SC) se?G A.Oitirct?lol?i . ?Be4KO_1wy' Q Cil?O e x 1 vt?t h ire F4 3 5*» 4 I - ?.t a fxr?b""? ?q 1-7/0 9 B. Reoeivfd OKj? Name) D. Is delivery address different from aem 1? - u Yes ff YES, enter delivery address below: 0 No 3. Service Type W6enified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. (nareNlro 7004 1160 0001 7187 3697 (irerufar from n liervke Isbell PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: d?-rl M. ?e&ebolt?l ?, .73 eo44t ,'? A 17o 70-61?3 A R. Re/?eiXed by(P'nted Na ?`o ffzs H94very n ( .?C e1 D. Is delivery address difrY T If YESenter delivery ad?R? 3. Service Type ®'Gertified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. \ 4. Restricted Delivery? (Extra Fee) 0 Yes L. Article Number 7004 1160 0001 7187 3673 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 E 141BIT A CERTIFICATE OF SERVICE And now, on thisr day of November, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Certificate of Service this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 Joseph A. Curcillo, III, Esquire Beinaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 H. Scott Fry 811 Whitehaven Road Harrisburg, PA 17111 LAW OFFICE OF ROBERT P. REED BY: ? t xe- .e . Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 ('? ?' ? ?i c -' -1 ?- 7 ? ni 2?_ ; v _-, ??t.; ??,, ? -? r'J ,,Y, , _? -n C+ _ ' ,c `?,t_? t_, Jq ::?t ?i ? 4 _Y .? MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff vs. H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Term CIVIL ACTION - LAW MOTION FOR RULE ABSOLUTE TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. By Order dated August 30, 2005, the Honorable Kevin A. Hess entered a Rule upon all parties to show cause, if any they had, why Robert P. Reed, Esquire, should not be granted leave to withdraw as counsel for Defendant H. Scott Fry. A copy of said Order is attached hereto as Exhibit A. 2. As directed by said Order, Robert P. Reed served copies of the Order by certified mail. Said certified mail was duly delivered to all parties but H. Scott Fry as evidenced by the Certificate of Service attached hereto as Exhibit B. 3. Service of the Court's Order was attempted, by certified mail, upon Defendant H. Scott Fry but on both occasions said mail was returned as unclaimed. A third copy was sent by regular mail dated September 30, 2005 has not been returned and is presumed to have been delivered. 4. Since the original motion was presented in this matter H. Scott Fry has persisted in his prior conduct in failing to respond to correspondence, failing to return voicemail messages left for him, and in failing to pay any invoices for services rendered by Robert P. Reed, Esquire. 5. To date no objections have been filed or cause shown by Robert P. Reed, Esquire, should not be granted leave to withdraw as counsel for Defendant H. Scott Fry. Furthermore, Karl M. Ledebohm, Esquire, counsel for the Plaintiff, and Joseph A. Curcillo, III, Esquire, counsel for the remaining Defendants, have affirmatively indicated to the undersigned that they have no objections to the withdrawal of Robert P. Reed, Esquire. WHEREFORE, the undersigned respectfully moves Your Honorable Court to enter a Rule Absolute granting the undersigned leave to withdraw as counsel for Defendant, H. Scott Fry. LAW OFFICE OF ROBERT P. REED BY: `7 tEf? F ?kf1' Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Dated: Attorney's I.D. No. 15624 5 EXHIBIT A HE`;ED AUG 25 MEMBERS is FEDERAL CREDIT UNION Plaintiff vs. 1-1. SCOTT FRY and ROBERT' 1,ACTNTYRE, T/DIBIA SHAFFER, CRY & `v1ACINTYRL A pannersbip, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation IN THE COUR'l OP COMMON PtlAS CUMBER[ AND COUNTY, PENNSYLVANIA NO. 05-2519 0vii'Form ('1V! I- ACI'!ON - LAW 2 O RDF R AND NOW, this /C? -_day of _ _ 2005, upon consideration of the attached `Viotion, a Rule is hereby entered on a;l parties to show cause, if any they have, why the prayer of the motion should not be granted and Robert P. Reed, Esquire, given leave to withdraw his appcauance entered on behall'of the Defendant. This Rule is returnable e * _davs from service hereof. Robert P. Rced, Esquire, is directed to effect service 01'lhis Rule on all parti? the same with this Court. ail and to file proof of I ??1iiYNVtWe6j'§WR47i' ?, [S:Liw b.xL C::5 Si !N ) h_:±_•:...,y EXHIBIT B MEMBERS I" FEDERAL CREDIT UNION Plaintiff vs. H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Robert P. Reed, Esquire, hereby certify that I did serve a true and correct copy of the Court's Order dated August 30, 2005, by certified mail, return receipt requested, on Counsel for Plaintiff and for Defendants Robert MacIntyre t/d/b/a Shaffer, Fry and MacIntyre, and Accelerated Asset Recovery, Inc. The return receipts are attached hereto as Exhibit A. Service upon Defendant H. Scott Fry, by certified mail, was twice attempted and each time said mail was returned unclaimed. A copy of the Order was sent by regular mail dated September 30, 2005, and has not been returned as undeliverable. Dated: // ` Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: S8E.1, WO-v-r ( 3uv'Ct<<0 {?0.rrtsbur? SKI I-7i0 9 X Signet / _9 / / LV Addrre B. Receivbd dy NPrnfed Name) ltd yf Del D. Is delivery address different from item 1? 'U Ye; If YES, enter delivery address below: 0 No 3. Service Type 171-eenified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ? Insured Mail 0 G.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transferdrom service iabe 7004 1160 0001 7187 3697 PS form 3811, August 2001 Domestic Return Receipt to25esaz,M-tsaa ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to qCO V M. ?ecQe?o?twll g C? . ?o?C- 17 3 170 7v-0/73 A. by ( 0. Is delivery address differs item If YES, enter tlelivary add s low 3. Service Type Q-Certltied Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7004 1160 0001 7187 3673 (Transfer from service label) PS Form 3811, August 2001 _ Domestic Return Receipt 102595-02-M-1540 EXT i'3i A CERTIFICATE OF SERVICE And now, on this i day of November, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Certificate of Service this day by depositing the sane in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 Joseph A. Curcillo, III, Esquire Beinaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 H. Scott Fry 811 Whitehaven Road Harrisburg, PA 17111 LAW OFFICE OF ROBERT P. REED BY: L<e Y? / Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 CERTIFICATE OF SERVICE And now, on this day of November, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Motion for Rule Absolute this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 Joseph A. Curcillo, III, Esquire Beinaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 H. Scott Fry 811 Whitehaven Road Harrisburg, PA 17111 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 ?'l r; LTI ry c?' -n tJ .ryq f^ ? .. r. -i? '?? ? _ ? .., "? -':i -m ? J ; ? {.,) r (.) :{ 2: . MEMBERS Is" FEDERAL CREDIT UNION Plaintiff VS. H. SCOTT FRY and ROBERT MACINTYRE, T1DlB1A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants ?C I?' VIJ NOV n 7 2005 IN THE COURT OF COMMON P -- CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Term CIVIL ACTION - LAW p A RULE ABSOLUTE AND NOW, this ?1 day of November, 2005, upon consideration of the attached Motion, a Rule Absolute is hereby entered and Robert P. Reed, Esquire is granted leave to withdraw as counsel Fry. J. p1 cc _s t,;v 6 - AON SGDZ MEMBERS I S' FEDERAL CREDIT UNION Plaintiff VS. H. SCOTT FRY and ROBERT MACINTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Term CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Eiliottsburg, PA 17024 717 582-3008 Dated: Attorney's I.D. No. 15624 ?? " lG D 5 TO: Curt Long, Prothonotary: Withdraw the appearance of Robert P. Reed on behalf of H. Scott Fry, pursuant to the Rule Absolute executed by the Honorable Kevin A. Hess on November 8, 2005, a copy of which is attached hereto. MEMBERS I ST FEDERAL CREDIT UNION Plaintiff vs. H. SCOTT FRY and ROBERT MACENTYRE, T/D/B/A SHAFFER, FRY & MACINTYRE A partnership, and ACCELERATED ASSET RECOVERY, INC., a Pennsylvania corporation Defendants I IN THE COURT OF COMV[ON P R. x, --? CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2519 Civil Term CIVIL ACTION - LAW ?y A RULE, ABSOLUTE AND NOW, this b day of November, 2005, upon consideration of the attached Motion, a Rule Absolute is hereby entered and Robert P. Reed, Esquire is granted leave to withdraw as counsel Fry. J. 5 CERTIFICATE OF SERVICE And now, on this /0 -U day of November, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Praecipe for Withdrawal of Appearance this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: H. Scott Fry 811 Whitehaven Road Harrisburg, PA 17111 Joseph A. Curcillo, III, Esquire Beinaur & Curcillo 3964 Lexington Street Harrisburg, PA 17109 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 CJ ?' r7 t :'t t.-D_ flit-: ? (rl l fi Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumberianb Cuuutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Qs _m25 (Q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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