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HomeMy WebLinkAbout05-2645MEMBERS IT FEDERAL CREDIT UNION PLAINTIFF AJAY COLLINS AIKIA A.J. COLLINS DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. C)S CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTIING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 Is" FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: AJAY COLLINS A/K/A A.J. COLLINS 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 quo si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cuaiquier 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 ST FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: C) S -o21zyS CvL?? l AJAY COLLINS A/K/A A.J. COLLINS DEFENDANT. : CIVIL ACTION-LAW COMPLAINT 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 complaint: COUNTI 1. Plaintiff, Members 1" Federal Credit Union ("Members 1'' ), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Ajay Collins A/K/A A.J. Collins ("Defendant") is an adult individual having a last known address of 2301 Columbia Avenue, Harrisburg, PA 1 7 1 09-3402. 3. At all times relevant hereto, Defendant was and continues to he the holder of that certain deposit checking account No.: 177710 (the "Defendant's Account") held with Members I'4. On or about November 15, 2004, Defendant payee endorsed, transferred and delivered at the office of Members I" in Cumberland County for deposit into 1 the Defendant's Account that certain check No.: 0070 purported to be drawn on TD Canada Trust in the amount of $29,000.00 (the "Check"). A copy of the Check and all endorsements thereto is attached hereto as Exhibit "A" and made part hereof. As a result of Defendant's endorsement and deposit of the Check into Defendant's Account, Members I" afforded to the Defendant's Account provisional credit in the amount of the Check. 6. On or about November, 2004, Members I" presented the Check to TD Canada Trust for payment. On or about November 25, 2004 TD Canada Trust refused payment for the reason that the Check was and is counterfeit. 8. Prior to the return of the Check to Members I" as counterfeit, over the course of numerous transactions Defendant caused amounts to be withdrawn from Defendant's Account including, without limitation, a wire transfer to a third party in Canada in the amount of $5,000.00 and two wire transfers to a third party in the Netherlands in the aggregate amount of $11,000.00. 9. As a result of Defendant's withdrawals from the Defendant's Account, Defendant's Account is overdrawn in the amount of $28,925.15. 10. On or about December 10, 2004, Charles J. McBreen informed Defendant that the Check had been returned as counterfeit and demanded payment to Members I" of the $28,925.15. 11. The Membership Account Agreement governing the Defendant's Account (the "Account Agreement") reserves to Members I' the right to charge to 2 Defendant's Account, among other things, the amount of any item for which final payment is not received. A copy of the Account Agreement is attached hereto as Exhibit "B" and made part hereof. 12. Under the terms and conditions of the Account Agreement, Defendant is responsible for, among other things, any loss cost or expense incurred by Members I" as a result of Defendant's failure to follow the terms of the Account Agreement. 13. Defendant's endorsement and deposit of the Check into Defendant's Account and subsequent withdrawal of funds has caused Members 1" to suffer a loss in the amount of $28, 925.15. 14. By letter dated March 4, 2005 and addressed to Defendant, Members I" demanded the repayment to Members 0 of the $28,925.15. A copy of Members I"'s demand is attached hereto as exhibit "C" and made part hereof. 15. Defendant is in breach of the Account Agreement in that Defendant has failed and refused and continues to fail and refuse to make payment of the $28,925.15 to Members I". 16. Under the terms and conditions of the Account Agreement, Defendant is also responsible for the reimbursement to Members I" of its reasonable legal fees in connection with the preparation, filing and prosecution of this complaint estimated to be in the amount of $2,000.00 and costs of suit. 17. As of the date hereof, Defendant is indebted to Members I" under the Account Agreement in the amount of $30,925.15 calculated as follows: a. overdraft $28,925.15 b. legal fees 2,000.00 c. Total due to Members I" as of April 29, 2005 $30,925.15 Legal fees are estimated in accordance with the terms of the Account Agreement. 18. Legal fees, expense and costs continue to accrue on the above obligation. 19. As set forth above, Members I" has made demand upon Defendant to make payment of all amounts due to Members I" under the Account Agreement and, as of the date hereof, Defendant has failed and refused to make payment of all such amounts due to Members 15` WHEREFORE, Plaintiff, Members I" Federal Credit Union demands judgment against Defendant, Ajay Collins A/K1A A.J. Collins in the amount of THIRTY THOUSAND NINE HUNDRED TWENTY FIVE AND 151100 ($30,925.15) plus additional attorney's fees, expenses and costs of suit. COUNT II 20. Paragraph I through 19 set forth above are incorporated herein by reference as if set forth in full. 21. The relief requested in this Count II is requested in the alternative to Count I, 111 and IV. 4 21 Upon Defendant's endorsement and deposit of the Check into Defendant's Account, Members I" became the holder of the check without notice or knowledge of any infirmity or weakness therein. WHEREFORE, Plaintiff, Members I" Federal Credit Union demands judgment against Defendant, Ajay Collins A/K/A A.J. Collins in the amount of THIRTY THOUSAND NINE HUNDRED TWENTY FIVE AND 15/100 ($30,925.15) plus additional attorney's fees, expenses and costs of suit. COUNT HI 23. Paragraph I through 22 set forth above are incorporated herein by reference as if set forth in full. 24. The relief requested in this Count III is requested in the alternative to Count I, II and IV. 25. Defendant is obligated to Members I" as the "collecting bank", as that term is defined by Pennsylvania statute at 13 Pa. C.S.A. Section 4214, for the repayment of the $28,925.15 by reason of TD Canada Trust's failure to honor or make settlement on the Check. WHEREFORE, Plaintiff, Members I" Federal Credit Union demands judgment against Defendant, Ajay Collins A/K/A A.J. Collins in the amount of THIRTY THOUSAND NINE HUNDRED TWENTY FIVE AND 15/100 ($30,925.15) plus additional attorney's fees, expenses and costs of suit. COUNT IV 26. Paragraphs 1 through 25 set forth above are incorporated herein by reference as if set forth in full. 27. The relief requested in this Count IV is requested in the alternative to Count I, II and III above. 28. For some or all of the above reasons, Defendant has been unjustly enriched at Members 1 St's expense. WHEREFORE, Plaintiff, Members 1st Federal Credit Union demands judgment against Defendant, Ajay Collins A/K/A A.J. Collins in the amount of THIRTY THOUSAND NINE HUNDRED TWENTY FIVE AND 15/100 ($30,925.15) plus additional attorney's fees, expenses and costs of suit. Respectfully submitted, Date: S- 1 ? - a S - - I P ;, E, ? , arl M. e ebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 1 7070-0 1 73 (717)938-6929 Attorney for Plaintiff 6 J , CA AD TRUST O O / O CALINGO CUTTERS INC. RICHMOND HILL ONTARIO E L4C 6Z1 ? 0/A MELONHEAD J?' 1111 .;a 2100 BLOOR STREET, UNIT #2 ??ZOOA ( TORONTO, ONTARIO MISS 1M7It PAY - t OL S JAY(0070) S\9v o ` j DE TO THE R OF pp Q #000. q00 ORDER OF \{jJ•?04+ USS.. ?. f ..apt twuealld DO/lars*#*"###>#+#########+#.?#s+######### ##?Y `^ __ !;. '##4#######w##n#i######+h##k###.##4'Y ...:4i. 4i,#i#eFE9'.. -.. .,? - -_?? v ., Ar(007o) DOLLARS 1.COWM& VIE ?10 CALINGO CUTTERS INC ?. 0/A MELONHEAD i ARRIS OURC 'PA ?`.?u r $v..V i sOS T' W PER d ULM- i u u MEMO TOR' i;F+ 911b / .1" 100000 70n¦ 1:10972-001,1: 109 7115 20 2 7 39R' 9 011000 290000011' w wz4Z AON 5 NONE } l g5q OO3D ?oI 110 jS?p.?? 2c?Zp9 NIQ l 4-?A,I 1'. AY tizCO v- PPP r v? ?,r zm?1 m ^. li^ ? D Q ? r. a a a a 7" ° Z m y TI RI li m 01-i> D ' ° C x 000 m ' z o m O Z D m N q O m ?? D O lj ir`tiwj n rkri rr `Kjs-wIr 'IVA% z mz z c { O to ? ? 1 n i s Lei eT% ^cx t. yn o ° 'I J{ } LfI9d ?tiu; ?YiF mp 1 m -i j Members 1st Federal Credit Union MEMBERSHIP AND ACCOUNT AGREEMENT This Agreement covers your and our rights and responsibiM es concerning Accounts Members 1st Federal Credit Union (Credit Union) offers. In this Agreement, the words "you" and "yours" mean anyone who signs an Account Card or Account Change Card (Account Card). The words "we," "us," and "our" mean the Credit Union. The word "account" means any one or more share or other accounts you have with the Credit Union. Your account type(s) and ownership features are designated on your Account Card. By signing an Account Card, each of you, jointly and severally, agree to the terms and conditions in this Agreement and Account Card, the Funds Availability Policy Disclosure, Truth-m- Savings Rate and Fee Schedule (Rate and Fee Schedule), and any Account Receipt accompanying this Agreement, and the Credit Union's Bylaws and policies, and any amendments to these documents from time to time which collectively govern your Membership and Accounts. 1. Membership Eligibility. To loin the Credit Union you must meet the membership requirements including purchase and maintenance of at least one (1) share ("membership share") as set forth in the Credit Union's Bylaws. You authorize us to check your account, credit, and employment history, and obtain reports from third parties, including credit reporting agencies, to verify your eligibility for the accounts and services you request. 2. Single Party Accounts. A single party account is an account owned by one member (individual, corporation, partnership, trust or other organization) qualified for credit union membership. If the account owner dies, the interest passes, subject to applicable law, to the decedent's estate or beneficiarylpayee or trust beneficiary, subject to other provisions of this Agreement governing our protection for honoring transfer and withdrawal requests of an owner or owner's agent prior to notice of an owner's death. 3. Multiple Party Accounts. An account owned by two or more persons is a multiple party account. a. Rights of Survivorship. Unless otherwise stated on the Account Card, a multiple party account includes rights of survivorship. This means when one owner dies, all sums in the account will pass to the surviving owner(s). A surviving owner's interest is subject to the Credit Union's statutory lien for the deceased owner's obligations, and to any security interest or pledge granted by a deceased owner, even if a surviving owner did not consent to it. b. Control of Multiple Party Accounts. Any owner is authorized and deemed to act for any other owner(s) and may instruct us regarding transactions and other account matters. Each owner guarantees the signature of any other owner(s). Any owner may withdraw all funds, stop payment on items, transfer, or pledge to us all or any part of the shares without the consent of the other owner(s). We have no duty to notify any owner(s) about any transaction. We reserve the right to require written consent of all owners for any change to or termination of an account. If we receive written notice of a 1 x]blscusmm dispute between owners or inconsistent instructions from them, we may suspend or terminate the account and require a count order or written consent from all owners to act. Multiple Party Account Owner Liability. If a deposited item in a multiple party account is returned unpaid, an account is overdrawn, or it we do not receive final payment on a transaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to us, we may enforce our rights against any account of an owner or all funds in the multiple party account regardless of who contributed them. 4. Trust Account Designations. To establish a trust account with the Credit Union, the Trust instrument must be in writing and approved by the Credit Union. The Trust must be a revocable trust (unless a non-revocable trust is opened by order of the court). As a revocable trust the Grantor, also known as the person or other entity that owns the assets to be held in the trust, may reserve the right to end the trust and get his/her money back. The grantor, trustee and beneficiaries must all be within the Credit Union's Field of Membership. The person who opens the account is designated the trustee and is the only person who may access the account and the only person who signs the signature car. Upon death of the owner-trustee, the account is closed and frozen. It is payable to the beneficiary it hel she is of age upon presentation of a death certificate. 5. Accounts for Minors. We may require any account established by a minor to be a multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction, We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. 6. Uniform Transfers/Gifts to Minors Account. A Uniform Transfers/Gifts to Minors Account (UTMAIUGMA) is an individual account created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawals, or close the account. We have no duty to inquire about the use or purpose of any transaction. If the custodian dies, we may suspend the account, until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal. 7. Agency Designation on an Account. An agency designation on an account is an instruction to us that the owner authorizes another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent. 2 8. Deposit of Funds Requirements. Funds may be deposited to any account, in any manner approved by the Credit Union in accordance with the requirements set forth on the Hate and Fee Schedule. a. Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your accounts if they are made payable to, or to the order of, one or more account owners even if they are not endorsed by all payees. You authorize us to supply missing endorsements of any owners if we choose. If a check, draft or Item that is payable to two or more persons is ambiguous as towhether it is payable to either or both, we may process the check, draft or item as though it is payable to either person. It an insurance, government, or other check or draft requires an endorsement as set forth on the back of the check or draft, we may require endorsement as set forth on the item. Endorsements must be made on the back of the share draft or check within 1 Y? inches from the top edge, although we may accept endorsements outside this space. However, any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you or any prior endorser will be your responsibility. b. Collection of Items. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. Deposits made by mail or at unsalted facilities are not our responsibility until we receive them. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. We may send any item for collection. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account. c. Final Payment. All items or Automated Clearing House (ACH) transfers credited to your account are provisional until we receive final payment. If final payment is not received, we may charge your account for the amount of such items or ACH transfers and impose a return item charge on your account, Any collection fees we incur may be charged to your account. We reserve the right to refuse or return any item or funds transfer. d. Direct Deposits. We may offer preauthorized deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or preauthorized transfers from other accounts. You must authorize each direct deposit or preauthorized transfer by filling out a separate form. You must notify us at least thirty (30) days in advance to cancel or change a direct depositor transfer option. Upon a bankruptcy tiling, unless you cancel an authorization we will continue making direct deposits in accordance with your authorization on file with us. If we are required to reimburse the U.S. Government for any benefit payment directly deposited into your account, we may deduct the amount returned from any of your accounts, unless prohibited by law. e. Creclut no of Deposits. Deposits made after the deposit cutoff time and deposits made on either holidays or days that are not our business days will be credited to your account no later than the next business day. 3 v815C. o 9. Account Access. Authorized Signature. Your signature on the Account Card authorizes your account access. We will not be liable for refusing to honor any item or instruction if we believe the signature is not genuine. If you have authorized the use of a facsimile signature, we may honor any draft that appears to bear your facsimile signature even if it was made by an unauthorized person. You authorize us to honor transactions initiated by a third person to whom you have given your account number even it you do not authorize a particular transaction. Access Options. You may withdraw or transfer funds from your account(s) in any manner we permit (e_g., at an automated teller machine, in person, by mail, automatic transfer, or telephone, as applicable). We may return as unpaid any draft drawn on a form we do not provide, and you are responsible for any loss we incur handling such a draft. We have the right to review and approve any form of power of attorney and may restrict account withdrawals or transfers. We are under no obligation to honor any power of attorney. C. ACH & Wire Transfers. If we provide the service, you may initiate or receive credits or debits to your account through wire or ACH transfer. You agree that if you receive funds by a wire or ACH transfer, we are not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. We may provisionally credit your account for an ACH transfer before we receive final settlement. We may reverse the provisional credit or you will refund us the amount if we do not receive final settlement. When you initiate a wire transfer, you may identify either the recipient or any financial institution by name and by account or identifying number. The Credit Union (and other institutions) may rely on the account or other identifying number as the proper identification even if it identifies a different party or institution. d. Credit Union Examination. We may disregard information on any draft or check, other than the signature of the drawer, the amount and any magnetic encoding. You agree we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for sight examination of items. 10. Account Rates and Fees. We pay account earnings and assess fees against your account as set forth in the Rate and Fee Schedule. We may change the Rate and Fee Schedule at any time and will notify you as required by law. 11. Transaction Limitations. Withdrawal Restrictions. We permit withdrawals only if your account has sufficient available funds to cover the full amount of the withdrawal or you have an established overdraft protection plan. Drafts or other transfer or payment orders which are drawn against insufficient funds may be subject to a service charge set forth in the Rate and Fee Schedule. If there are sufficient funds to cover some, but not all, of your withdrawal, we may allow those withdrawals for which there are sufficient funds m any order of our discretion. 4 We may refuse to allow a withdrawal in some situations, and will advise you accordingly; for example: (1) a dispute between account owners (unless a court has ordered the Credit Union to allow the withdrawal); (2) a legal garnishment or attachment is served, (3) the account secures any obligation to us; (4) required documentation has not been presented; (5) you fail to repay a Credit Union loan on time. We may require you to give written notice of seven (7) days to sixty (60) days before any intended withdrawals. Transfer Limitations. For savings, Investment savings/money management account and supplemental savings accounts, if applicable, you may make up to six (6) preauthorized, automatic, telephonic, or audio response transfers to another account of yours or to a third party during any calendar month. Of these six, you may make no more than three (3) transfers to a third party by check or debit card. A preauthorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders including orders received through the automated clearing house tACH). You may make unlimited transfers to any of your accounts or to any Credit Union loan account and may make withdrawals in person, by mail, or at an ATM. However, we may refuse or reverse a transfer that exceeds these limitations and may assess fees against, suspend or close your account. 12. Certificate Accounts. Any time deposit or share certificate account allowed by state law (Certificate Account), is subject to the terms of this Agreement, the Rate and Fee Schedule and Account Deposit Receipt for each account the terms of which are incorporated herein by reference. 13. Overdrafts. a. Overdraft Liability. If on any day, the funds in your share account are not sufficient to cover drafts, fees or other items posted to your account, those amounts will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with us. The Credit Union's determination of an insufficient account balance may be made at any time between presentation and the Credit Union's midnight deadline with only one review of the account required. We do not have to notify you if your account does not have funds to cover drafts, fees or other posted items. Whether the item is paid or returned, your account may be subject to a charge as set forth in the Rate and Fee Schedule. Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. It we pay a draft or impose a fee that would otherwise overdraw your account, you agree to pay the overdrawn amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline Ilm4s. b. Overdraft Protection Plan. If we have approved an overdraft protection plan for your account, we will honor drafts drawn on insufficient funds by transferring funds from another account under this Agreement or a loan account, as you have directed, or as required under the Credit Union's overdraft protection policy. This Agreement governs all transfers, except those governed by agreements for loan accounts. rj 278156,1111 14, Postdated and Staledated Drafts. We may pay any draft without regard to its date unless you notify is of a postdating. The notice must be given to us in time so that we can notify our employees and reasonably act upon the notice and must accurately describe the draft, including the exact number, date, and amount. You understand that the exact information is necessary for the Credit Union's computer to identify the draft, We are not responsible it you give us an incorrect or incomplete description, or untimely notice. You may make an oral notice which lapses in fourteen (14) calendar days unless confirmed in writing. A written notice is effective for six (6) months and may be renewed in writing from time to time. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account which is presented more than six (6) months past its date. 15. Stop Payment Orders. a. Stop Pavment Order Request. You may request a stop payment order on any draft drawn on your account. To be binding an order must be dated, signed, and describe the account and draft number and the exact amount. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, number of the draft, and its exact amount- You understand that the exact information is necessary for the Credit Union's computer to identify the draft. If you give us incorrect or incomplete information, we will not be responsible for failing to stop payment on the draft. If the stop payment order is not received in time for us to act upon the order we will not be liable to you or to any other party for payment of the draft. It we recredit your account alter paying a draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holders of the draft and to assist us in any legal action. b. Duration of Order. You may make an oral stop payment order which will lapse within fourteen (14) calendar days unless confirmed in writing within that time. A written stop payment order is effective for six (6) months and may be renewed in writing from time to time. We do not have to notify you when a stop payment order expires. c, Liability. Fees for stop payment orders are set forth on the Rate and Fee Schedule. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the Credit Union harmless from all costs, including attorney's fees, damages or claims related to our refusing payment of an item, including claims of any multiple party account owner, payee, or indorsee in failing to stop payment of an item as a result of incorrect information provided by you. 16. Credit Union Liability. If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (1) your account contains insufficient funds for the transaction. (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or another financial institution's negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability tot wrongful dishonor. We exercise ordinary care if our actions or nonactions are consistent with applicable state law, federal reserve regulations and operating letters, clearinghouse rules, and general banking practices followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between what you or our employees may say or write will be resolved by reference to this Agreement. 17. Credit Union Lien and Security Interest. It you owe us money as a borrower, guarantor, endorser or otherwise, we have a statutory lien on the account funds in any account in which you have an ownership interest, regardless of their source, unless prohibited by law. We may apply these funds, without further notice to you, in any order to pay off your indebtedness. By not enforcing a lien, we do not waive our right to enforce it later. In addition, you grant the Credit Union a consensual security interest in your accounts and we may use the funds from your accounts to pay any debt or amount now or hereafter owed the Credit Union, except for obligations secured by your residence, unless prohibited by applicable law. All accounts are nonassignable and nontransferable to third parties. 18. Legal Process. If any legal action is brought against your account, we may pay out funds according to the terms of the action or refuse any payout until the dispute is resolved. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security interest. 19. Account Information. Upon request, we will give you the name and address of each agency from which we obtain a credit report regarding your account. We agree not to disclose account information to third parties except when (1) it is necessary to complete a transaction; (2) the third party seeks to verify the existence or condition of youraccount in accordance with applicable law; (3) such disclosure complies with the law or a government agency or court order; or (4) you give us written permission. 20. Notices. a. Name or Address Changes. You are responsible for notifying us of any address or name change. The Credit Union is only required to attempt to communicate with you at the most recent address you have provided to us. We may accept oral notices of a change in address and may require any other notice from you to us be provided in writing. b. Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this Agreement. We will notify you of any changes in terms, rates, or fees as required by law. We reserve the right to waive any term in this Agreement. Any such waiver shall not affect our right to future enforcement c. Effect of Natic . Any written notice you give us is effective when we receive it. Any written notice we give to you is effective when it is deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. Notice to any account owner is considered notice to all account owners. 21. Taxpayer Identification Numbers and Backup Withholding. Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest, and certain other payments. If you fail to provide your TIN, we may suspend opening your account. 22. Statements. ntents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one statement is necessary for a multiple party account. For share draft or checking accounts, you understand and agree that your original draft, when paid, becomes property of the Credit Union and may not be returned to you, but copies may be retained by us or payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are mailed to you. You also understand and agree that drafts or copies thereof are made available to you on the date the statement is mailed to you, even if the drafts do not accompany the statement. Copies of checks or statements may be requested. The fee for copies is set forth on the Rate and Fee Schedule. b. Examination. You are responsible for examining each statement and reporting any irregularities to us. We will not be responsible for any forged, altered, unauthorized or unsigned items drawn on your account if: (1) you fail to notify us within thirty-three (33) days of the mailing date of the earliest statement regarding any forgery, alteration or unauthorized signature on any item described in the statement; or (2) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. Nofice to Credit Union- You agree that the Credit Union's retention of drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors- The statement will be considered correct for all purposes and we will not be liable for any payment made or charge to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement you agree to notify us within fourteen (14) days of the time you regularly receive a statement. 23. Inactive Accounts. If your account falls below any applicable minimum balance and you have not made any transactions over a period specified in the Rate and Fee Schedule during which we have been unable to contact you by regular mail, we may classify your account as inactive or dormant. Unless prohibited by applicable law, we may charge a service fee set forth on the Rate and Fee Schedule for processing your inactive account. If we impose a tee. we will notify you, as required by law, at your last known address. You authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the extent allowed by law, we reserve the right to transfer the account funds to an account payable and to suspend any further account statements. If a deposit or withdrawal has not been made on the account and we have had no other sufficient contact with you within the period specified by state law, the account will be presumed to be abandoned. Funds in abandoned accounts will be reported and remitted in accordance with state law. Once funds have been turned over to the state, we have no further liability to you for such funds and it you choose to reclaim such funds, you must apply to the appropriate state agency. 24. Special Account Instructions. You may request that we facilitate certain trust, will, or court-ordered account arrangements. However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will, or court order. If you ask us to follow any instructions that we believe might expose us to claims. lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or post a bond or provide us with other protection. Account changes requested by you, or any account owner, such as adding or closing an account or service, must be evidenced by a signed Account Change form or by phone with your Personal Identification Number (PIN) and accepted by us. 25. Termination of Account. We may terminate your account at any time without notice to you or may require you to close your account and apply for a new account it. (1) there is a change in owners or authorized signers; (2) there has been a forgery or fraud reported or committed involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the account; (4) any share drafts are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been any misrepresentation or any other abuse of any of your accounts, or (7) we reasonably deem it necessary to prevent a loss to us. You may terminate a single party account by giving written notice. We reserve the right to require the consent of all owners to terminate a multiple party account. We are not responsible for payment of any draft, withdrawal, or other item after your account is terminated, however, if we pay an item after termination, you agree to reimburse is. 26. Termination of Membership. You may terminate your membership by giving us notice. You may be denied services or expelled for any reason allowed by applicable law, including causing a loss to the Credit Union. 27. Death of Account Owner. We may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of a member's death. Once we are notified of a member's death, we may pay drafts or honor other payments or transfer orders authorized by the deceased member for a period of ten (10) days after that date unless we receive instructions from any person claiming an interest in the account to stop payment on the drafts or other items. We may require anyone claiming a deceased owner's account funds to indemnify us for any losses resulting from our honoring that claim. This Agreement will be binding upon any heirs or legal representatives of any account owner. 28. Severability. If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement. 9 27015nu9tom 29. Enforcement. You are liable to us for any loss, cost or expense we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such loss, costs or expenses from your account without prior notice to you. It we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions. 30. Governing Law. This Agreement is governed by the Credit Union's Bylaws, federal laws and regulations, the laws, including applicable principles of contract law, and regulations of the state in which the Credit Union's main office is located, and local clearinghouse rules, as amended from time to time. As permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Credit Union is located. 01000 FK1 CUSTOM Rav. 10,01 t? KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 March 4. 2005 (Via Certified and regular mail) A.J. Collins 2301 Columbia Avenue Harrisburg, PA 17109-3402 RE: Members Is' Account No.: 177710 Dear Mr. Collins: THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. AN IMPORTANT STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE SECOND PAGE OF THIS LETTER. Members I" Federal Credit Union ("Members Is`") has requested my office to collect the amounts due to Member's I" in connection with the following check (the "Check") which you presented to Members I" for deposit into your checking account, being account No. 177710 (the "Account") and which was returned to Members 1" as counterfeit: Check #: 0070 Drawer Name: Ajay Collins Amount: $29,000.00 Drawee Bank: TD Canada Trust Members I" afforded to your account provisional credit as a result of your presentment for deposit of the Check into the Account. Subsequent to deposit of the Check, you caused amounts to be withdrawn from the Account as a result of which Members 1" has suffered damages in the amount of $28,925.15. You are responsible for the repayment of the $28,925.15 to Members 1s' under the Pennsylvania Commerciat Code and the Shareholder's Agreement with Members I". Members I" hereby demands repayment to Members I" in the amount of $28,925.15. "c- „ If you fail to deliver payment of the $28,925.15 to Members I" or fail to reach an agreement with Members I" under terms and conditions acceptable to Members I" in its sole discretion within thirty (30) days of the date of this letter, Members 1" will have no choice but to file a legal action against you to collect all of the amounts due to Members I" without further notice. In such event, in addition to the above amounts, you may also be responsible for the payment of additional reasonable legal fees and costs of suit incurred by Members I". If you do not want Members ls` to sue you, you must either deliver payment of the $28,925.15 to Members I" or contact my office at the phone number listed at the top of this letter and reach an agreement acceptable to Members 1" for the repayment of the $28,925.15 within thirty (30) days of the date of this letter. Nothing herein shall constitute or be construed as an agreement on behalf of Members 1" to accept any terms and conditions in exchange for payment of the amounts due to Members I" except for the immediate payment of all amounts due to Members 151. Nothing herein shall constitute a waiver of any rights or remedies which Members l" may have under any written agreement or at law or in equity to collect the amounts due to Members 1" as set forth above without further notice, including, without limitation, the right to accept and apply any partial payments to the amounts due to Members I" without waiver of any demand for payment in full of all amounts due to Members 1". Very truly yours, Karl M. Ledebolmt CC: Charles J. MCBreen, Security Manager NOTICE This letter is an attempt to collect a debt. It you dispute the validity of this debt, or any portion thereof, and you contact the undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of this letter. ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ¦ 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 mailpie? or on the front if space permits. ?• D. 1. Article Addressed trci ?- ? Agent (Printed Name) C. Date of Delivery cress different from item 17 U Ye; delivery address below: 0 No US S P 3. Service Type _ 13.Certified Mail 0 Express Mail 0 Registered ?d. Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Erna Fee). 0 Yes 2. MI trom service label) (T 7003 0500 0001 6559 9075 (Trans/er /rom ...-.._ . _...._. , _ .... PS Form 3811, February 2004 Domestic Return Receipt 102595-02-Md540 Ln HAkR€BB'URG 1 A 171Gq 3At)L .1] Postage 5 S4 37 C3 certified eee i2.31I I ?'?Jd? y[_ ?? fi eF e EM .r ptmel?/' ' r. i sement e EM (Endorrsement Required) ? i ? B Here ? f O Restricted nalivery Pee O (Endarsement Raewred) t ,. mtai Posrana t; tees 14.42 M _ ? .Sent TO - - - - ?9h A /N : --- - - ' - eel Pt O I -------- City, State 71 pi 4 - [- M I 1 40 f VERIFICATION 1, Charles J. McBreen, Security Manager for Members 1" Federal Credit Union, being authorized to do so on behalf of Members I" 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 helief. l understand that fslse statements are made subject to the penalties of IS Pa. C.S-A- Section 4904, relating to unswom falsification to authorities. Members I" Federal Credit Union ?y:.. Charles J. Mcl5reen, Sec 'ty Manager OV) 7 a ? t1. h (? , - h ? j T/ .or SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02645 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS COLLINS AJAY AKA AJ COLLINS 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: COLLINS AJAY AKA AJ COLLINS but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 9th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 31.25 Postage .74 68.99 06/09/2005 KARL LEDEBOHM So answers----' R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 'j,?I* day of .21,05, A.D. Q .., r / Prothonotaty in his bailiwick. He therefore In The Court of Common Pleas of Cumberland County, Pennsylvania: Members 1st Federal Credit Union vs. Ajay Collins a/k/a A.J. Collins No. 05-2645 civil Now, May 23, 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, 20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to me this _ day of 20 the contents thereof. Sworn and subscribed before So answers, Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 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 MEMBERS 1ST FEDERAL CREDIT UNION vs County of Dauphin COLLINS AJAY A/K/A A J Sheriff's Return No. 0938-T - - -2005 OTHER COUNTY NO. 05-2645 CIVIL AND NOW:June 3, 2005 NOTICE & COMPLAINT COLLINS AJAY A/K/A A J at 1:53PM served the within upon by personally handing to DEFENDANT 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2301 COLUMBIA AVENUE HARRISBURG, PA 17109-3402 Sworn and subscribed to before me this 3RD day of JUNE, 2005 . llGt/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 o f fire of 141C "Sh-cxtff So Answers, /e41c- Sheriff of Dauphin County, Pa. 'V C 1 By Sheriff Sheriff's Costs:$31.25 PD 05/24/2005 RCPT NO 207209 TF MEMBERS 1ST FEDERAL, IN THE COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 05-2645 CIVIL TERM AJAY COLLINS a/k/a CIVIL ACTION - LAW A.J. COLLINS Defendant NOTICE TO PLEAD TO THE ABOVE-NAMED PLAINTIFF: c/o Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 You are hereby notified to file a written response to the enclosed pleading within twenty (20) days from service hereof or a judgment may be entered against you. DATE: 6/23/05 KEN ETH F. LEWIS, ESQUIRE I.D. # 69383 Attorney for Defendant 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Defendant MEMBERS 1ST FEDERAL, CREDIT UNION, Plaintiff V. AJAY COLLINS a/k/a A.J. COLLINS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2645 CIVIL TERM CIVIL ACTION - LAW ANSWER & COUNTERCLAIM Comes now, the Defendant Ajay Collins, by his attorney, Kenneth F. Lewis, who files this document, averring as follows: ANSWER 1. Admitted. COUNT I 2. Admitted, except that the Defendant's name is Ajay Collins. He is not also known as A.J. Collins. 3. Admitted. 4. Admitted, except that Mr. Collins believes the subject check was deposited on November 12, 2004. 5. Admitted in part; denied in part. Plaintiff's representatives at the Union Deposit branch -- the manager (female) and a teller (male) indicated to Mr. Collins that the subject check was valid, had cleared, and that he was able to access the funds. 6. Defendant is without sufficient knowledge, information or belief to respond. 7. Defendant is without sufficient knowledge, information or belief to respond. 8. It is admitted that Defendant made withdraws based upon Plaintiff's representatives' representations as described in paragraph #5 above. Defendant is without sufficient knowledge, information or belief to respond as to the time frame alleged in this paragraph. 9. Denied. Strict proof is demanded at trial. Moreover, the reason for the account being overdrawn is not Defendant's withdrawals, rather, it was his justifiable reliance on the representations made by plaintiff's representatives as described above. 10. Admitted in part. Defendant does not recall the exact date, nor does he remember whether the person with whom he spoke was Charles J. McBreen (he spoke to more than one person). 11. Neither admitted nor denied; the agreement speaks for itself. 12. Neither admitted nor denied; the agreement speaks for itself. 13. Denied as per the reason given in paragraph #9 above. 14. Admitted. 15. This paragraph is a conclusion of law to which no response is required. To the extent a respond should be deemed required, it is denied, among other reasons, for the reasons set forth in paragraph #9 above. 16. Neither admitted nor denied; the agreement speaks for itself. 17. This paragraph is a conclusion of law to which no response is required. To the extent a response should be deemed required, it is denied that Mr. Collins owes Plaintiff any sums, among other reasons, for the reasons set forth in paragraph #9 above. 18. Denied for the reasons stated above. 19. It is admitted only that Defendant has not made payment of the amounts claimed due by Plaintiff. WHEREFORE, Defendant respectfully requests this Court to dismiss Plaintiff's Complaint in its entirety. COUNT II 20. No response is required. 21. No response is required. 22. This paragraph is a conclusion of law to which no response is required. To the extent a response should be deemed required, it is averred that Plaintiff should have been aware of any infirmity or weakness regarding the subject check prior to telling Defendant the check had cleared. WHEREFORE, Defendant respectfully requests this court to dismiss Plaintiff's complaint in its entirety. COUNT III 23. No response is required. 24. No response is required. 25. This paragraph is a conclusion of law to which no response is required. To the extent a response should be deemed required, it is denied that Mr. Collins owes Plaintiff any sums, among other reasons, for the reasons set forth in paragraph #9 above and incorporated by reference herein. WHEREFORE, Defendant respectfully requests this Court to dismiss Plaintiff's Complaint in its entirety. COUNT IV 26. No response is required. 27. No response is required. 29. Denied. Mr. Collins has not been enriched at all, let alone unjustly so. WHEREFORE, Defendant respectfully requests this Court to dismiss Plaintiff's Complaint in its entirety. COUNTERCLAIM 29. Defendant hereby incorporates the responses in his Answer as if fully set forth herein. 30. During the course of the subject matter, Plaintiff "froze" Defendant's checking account. 31. Due to this action, Defendant suffered multiple "bounced check" fees in an amount believed to be several hundred dollars (amount to be proven at trial). 32. Plaintiff wrongfully confiscated the remaining monies in Defendant's aforementioned account to put toward the amount it claims it is due from Mr. Collins (exact amount to be proven at trial). WHEREFORE, Defendant respectfully requests judgment in an amount equal to a) all the bounced check fees; b) reimbursement for all monies wrongfully confiscated; and c) any other and further relief that this Court deems just. l DATED: 6/22/05 ?1, M07 KENN H F. LEWIS, ESQUIRE Attorney for Defendant Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: AAJAk .OL INS CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Plaintiff by regular U.S. Mail, postage prepaid at Harrisburg, PA, addressed as follows: Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 /21 1'(p- awv KENNETH IF. LEWIS, ESQUIRE Attorney for Defendant cm '?? ?_? O (- 'TI C_ -'"? ..._ r rl - 43 :. ?_? ? ? ?, ? : ? ,? --- :D a' -[ MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. MAY COLLINS A/K/A A.J. COLLINS DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 05-2645 CIVIL TERM CIVIL ACTION-LAW U PLY TO DEFENDANT'S COUNTERCLAIM AND NOW, comes Members I s` Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney, Karl M. Ledebohm and makes this reply to Defendant's Counterclaim: 29. The averments set forth in this paragraph require neither admission nor denial. To the extent answer is required, the averments set forth in this paragraph are denied and strict proof thereof required at trial. 30. Denied in part and admitted in part. Upon reasonable investigation, Members 1 s` is without knowledge or information sufficient to formulate a response to the averments set forth in this paragraph. Therefore such averments are denied and strict proof thereof required at trial. It is admitted that on or about December 13, 2005, Members 1s` placed on the Defendant's account (the "Account") which is the subject of the complaint (the "Complaint") filed by Members Is` in the above captioned matter a share hold in the amount of $29,000.00, being the amount of the counterfeit check (the `Counterfeit Check") deposited by Defendant into the Account. By way of further answer, for the reasons set forth in the Complaint, the averments of which are incorporated herein by reference, Members I" suffered a loss in the amount of $28,925.15 as a direct result of Defendant's deposit of the Counterfeit Check into the Account and subsequent withdrawal of funds from the Account. By way of further answer, the Account Agreement governing the Account, a copy of which is attached to Plaintiffs complaint as Exhibit "B" and made part hereof by reference (the "Account Agreement'), specifically reserves to Members Is' the right to charge the Account for any items or Automated Clearing House Transfers if final payment on an item deposited into the Account is not received. By way of further answer, Defendant specifically authorized Members I" to deduct from the Account any loss, cost or expense suffered by Members 1" as a result of Defendant's deposit of the Counterfeit Check in question. By way of further answer, Members I" validly exercised its right of set off as to any monies in the Account. 31. Denied. It is specifically denied that any action on the part of Members I' caused Defendant to suffer multiple "bounced checks" in an amount believed to be several hundred dollars. By way of further answer, after reasonable investigation, Members I' is without knowledge or information sufficient to formulate a response to the allegations set forth in this paragraph and such allegations are therefore denied and strict proof required at trial. By way of further answer, for the reasons set forth in paragraph 30 above, the averments of which are incorporated herein by reference, Members I' acted appropriately and in accordance with the Account Agreement and applicable law by placing a share hold on the Account as a result of the substantial loss caused to Members 1" by Defendant. 32. Denied. The allegations set forth in this paragraph constitute legal conclusions to which an answer is not required. To the extent further answer is required, after reasonable investigation, Members 0 is without knowledge or information to formulate a response to the averments set forth in this paragraph and the averments set forth in this paragraph are denied and strict proof required at trial. To the extent fiuther answer is required, for the reasons set forth in paragraphs 30 and 31 above, the averments of which are incorporated herein by reference, it is specifically denied that Members I' wrongfully confiscated remaining monies in the Account to put toward the amount of the loss caused to Members I' by Defendant as a result of Defendant's deposit of the Counterfeit Check into the Account and subsequent withdrawal of funds. To the contrary, the Account Agreement specifically reserves to Member; 0 the right to charge the Account for any items or Automated clearing House Transfers if final payment on an item deposited into the Account is not received. By way of further answer, Defendant specifically authorized Members I' to deduct from the Account any loss, cost or expense suffered by Members 1$` as a result of Defendant's deposit of the Counterfeit Check in question. By way of further answer, Members 1 s` validly exercised its right of set off as to any monies in the Account. By way of further answer, it is specifically denied that any amounts found in the Account have been applied to the loss suffered by Members 1' as a result of the deposit of the Counterfeit Check into the Account and Defendant's subsequent withdrawal of funds. By way of further answer, approximately $409.95 in overdraft fees was charged by Members 1s` against the Account from approximately December 15 through December 28, 2004 in accordance with the Account Agreement. WHEREFORE, Members I" Federal Credit Union respectfully requests that the Court dismiss Defendant's counterclaim, with prejudice, and that the relief requested in the complaint filed by Plaintiff in this matter be granted. Res ly su tted, Date: 3 ?$ Karl . Ledebohm, Esq. Supreme Court ID 4: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff VERIFICATION I, Charles J. McBreen, Security Manager for Members I"Federal Credit Union, being authorized to do so on behalf of Members I" 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 unswom falsification to authorities. Members I" Federal Credit Union MEMBERS 1ST FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 05-2645 Civil Term V& AJAY COLLINS &+/a A.T. COLLINS Defendant CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 8th day of July, 2005,1 served a true and correct copy of the foregoing document upon the attorney for the defendant by regular, first class mail, postage prepaid, addressed as follows: Kenneth F. Lewis, Esquire l 101 North Front Street Harrisburg, PA 17102 Respectfully Dated: July 8, 2005 ttorney for Plaintiff upreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 O C? C cr+ ,n m ? ,C ? r t !4 l e w MEMBERS 1 ST FED4W CREDIT UN PLAINTIFF , °s. AJAY COLLII " UA A.J. COLLINS DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.:05-2645 Civil CIVIL ACTION-LAW STATEMENT OF INTENTION TO PROCEED To the Court: Members I st Federal Credit LIMon intends to proceed with the above captioned matter. Date: October 21, 2008 'Karl M. Ledebohm, Esgiure " Attorney for Members I"' Credit Union Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 { - _". • MEMBERS 1 ST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF Vs. NO.:05-2645 Civil AJAY COLLINS A/K/A A.J. COLLINS DEFENDANT : CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 21 " day of October, 2008,1 served the Statement of Intention to Proceed on behalf of Members 1st Federal Credit Union upon the following individuals by first class mail, postage prepaid, addressed as follows: Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 submitted, Karl M. Ledebohm, Esquire Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 r-3 q D David D. Bueff Prothonotary KirkS. Sohonage, ESQ. So(icitor r Renee Y, Simpson 1" Deputy Prothonotary Irene E. 9Korrow 2"d Deputy Prothonotary Office of the Trothonotary Cumberland County, Tennsyfvania nJ -.2,L qS CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 9 Carlis(e, PA 17013 • (717)240-6195 (Fa)C(717)240-6573