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HomeMy WebLinkAbout05-3204 MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs, NO, O~ -~:;'6Lj C?t<.J~C-TVLl KENNETH L. DOLL ANN MARIE DOLL DEFENDANTS . 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 HA VB 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 TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VB ALA WYER 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 A VENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs, NO. KENNETH L. DOLL ANN MARIE DOLL DEFENDANTS . CIVIL ACTION - LAW NOTICIA Le han 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 0 en persona 0 por abogado y archivar en la corte en forma escrjta sus defensas 0 sus objectiones alas 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 0 notification y por cualquier queja 0 alivio que es pedido en la peticion de demanda, USTED PUEDE PERDER DINERO 0 OTROS DERECHOS IMPORTANTES PARA USTED, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 or 1-800-990-9108 MEMBERS 1ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: D5- 3;J."CIf GuJ_ 'T~ KENNETH 1. DOLL and ANN MARIE DOLL DEFENDANT. : CIVIL ACTION-LAW COMPLAINT AND NOW, comes Members 1st Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney, Karl M. Ledebohm, Esq., and makes the following complaint: COUNT I 1. Plaintiff, Members 1 st Federal Credit Union ("Members 1St'), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, P A 17055. 2. Kenneth L. Doll and Ann Marie Doll (collectively "Defendants") are adult individuals having a last known address of2225 Upper Bermudian, Gardners, PA 17324. 3. At all times relevant hereto, Defendants were and continue to be the holders of that certain deposit savings account No.: 207769 (the "Defendants' Account") held with Members 1 st. 4. On or about September 30, 2005, a check made payable to Ken Doll Auto Sales in the amount of$3,013.00 (the "Check")was endorsed by Kenneth L. Doll, Jr., I a third party and not the Defendant, Kenneth L. Doll, and erroneously deposited into the Defendants' Account. A copy of the Check is attached hereto as Exhibit "A" and made part hereof. 5. On or about December 11, 2004, the erroneous deposit of the Check into the Defendants' Account was brought to Members I '''s attention for the first time. 6. Immediately prior to the deposit of the Check into Defendants' Account, the available balance in the Defendant's Account was approximately $85. I 9. 7. After the time of the erroneous deposit of the Check into the Defendants' Account, Defendants withdrew or caused the withdrawal of the following amounts from the Defendants' Account on the following dates: a. Withdrawal on 11/13/2004 $800.00 b. Withdrawal on 11/19/2004 2,200.00 c. Total amounts withdrawn by Defendants $3,000.00 8. From the time of the erroneous deposit of the Check into Defendants' Account to the dates of the withdrawals set forth in paragraph 7 above, no other deposits were made to the Defendants' Account. 9. After the withdrawals set forth in paragraph 7 above, the Defendants' Account was and remains overdrawn in the amount of $2,993.56 at the expense of Members 1'(. 10. By letter dated December 29,2004, Members 1 ,( demanded the return of the $2,993.56. A copy of Members 1st's demand is attached hereto as Exhibit "B" and made part hereof. 2 I I. On or about December 16, 2004, Charles J. McBreen, Security Manager for Members 1 ", spoke with Ann Marie Doll who admitted having withdrawn the $3,000.00 from the Account and spending the $3,000.00 so withdrawn. I 2. Defendants are obligated for the immediate payment of the $2,993.56 overdraft on the Account pursuant to the terms and conditions of the Membership Account Agreement. A copy of the Account Agreement is attached hereto as Exhibit "C" and made part hereof. 13. By letter dated March 4, 2005 and addressed to Defendants, Members 1st again demanded the payment of the $2,993.56 overdraft. A copy of Members 1st,s demand is attached hereto as Exhibit "D" and made part hereof. 14. Under the terms and conditions of the Account Agreement, in addition to the amounts set forth in paragraph I 3 above, Defendants are responsible for the payment to Members I st of, among other things, any loss cost or expense incurred by Members 1 st as a result of Defendants' failure to follow the terms of the Account Agreement as well as any and all reasonable attorney's fees and costs of suit incurred in connection with the preparation and prosecution of this complaint and any post judgment collection actions. 15. As of the date hereof, Defendants are indebted to Members 1st under the Account Agreement in the amount of$4,743.56 calculated as follows: a. overdraft $2,993.56 1,750.00 $4,743.56 b. legal fees c. Total due to Members I st as of June 2, 2005 3 '~-"." ., .._-......:-.:.-...,~----...."~-~".'. , , '''1'' .'...., "..,'., ! Legal fees are estimated in accordance with the terms of the Account Agreement. 16. Legal fees, expenses and costs continue to accrue on the above obligation. 17. As set forth above, Members 1 st has made demand upon Defendants to make payment of all amounts due to Members 1st under the Account Agreement and, as of the date hereof, Defendants have failed and refused to make payment of all such amounts due to Members 1 st. WHEREFORE, Plaintiff, Members 1 st Federal Credit Union demands judgment against Defendants, Kenneth L. Doll and Ann Marie Doll in the amount of FOUR THOUSAND SEVEN HUNDRED FORTY-THREE AND 56/100 ($4,743.56) together with post judgment interest at the legal rate, additional attorney's fees, expenses and costs of suit. COUNT IT 18. Paragraphs 1 through 17 set forth above are incorporated herein by reference as if set forth in full. 19. The relief requested in this Count II is requested in the alternative to Count 1 above. 20. For some or all of the above reasons, Defendants have been unjustly enriched at Members 1 st,s expense. WHEREFORE, Plaintiff, Members 1st Federal Credit Union demands judgment against Defendants, Kenneth L. Doll and Ann Marie Doll in the amount of FOUR THOUSAND SEVEN HUNDRED FORTY-THREE AND 56/100 ($4,743.56) together 4 with post judgment interest at the legal rate, additional attorney's fees, expenses and costs of suit. Respectfully submitted, Date: b~ t:t- -OS arl M. Ledebobm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, P A 17070-0 I 73 (717)938-6929 Attorney for Plaintiff 5 CHARLES W. LOYD BRENDA SOUDERS lOYD a85 POPlAR RD. I OILLSBURC, PA 17QI9.9663 , Ip~n~erOf ~ Dc~~ ~lco ~~ 00 I $ 3) 013' .'~ ~ i \ 'i ~~".;~~~~~~J --\Q~ - . Doll... ~ Ie;::- I~ I j WAYPOINT BANK :~ ____.___...___..________ _..._ ~_._ ...__ -__,__~_.___.____._ --_....., -.-..'-..--" i~. : ~ ii' . ~. _+2.0- I"~ 'I' I' ~" IG~~-~~~~~~_S~.B~.-~~.~._:~~ I JUN-16-05 05:06 PM MEMBERSlST Feu INS. DEPT 7177955178 II!! I " I I ... -. -- .0 q 110 7170 '1oQ1 P.Ol Page 1 I I Tracer: 1001140053. Amt: $3,013.00 - 10/01/2004 . , 1 ".11 A 1:\.0..53 I <. ' :Si.JJ , : I~:i' ' ~~i tI I: J; ...~ .. '" ........ T' ? 0 fl .a.a. . J' 2..J2;. "l, 21.4h~ ._ ~ r,...J Ii JP- . ~ ,..D I I l . . . , Tracer: 1001140053 - Amt: $3,013.00 - 10/0111004 ~ 1 'I, 'i1 ,I ,: i If" Dt/~ It' MEMBERS I" FEDERAL CUDIT tnGON December 29, 2004 Kenneth L. Doll Ann Doll 2225 Upper Bermudian Gardners, PA 17324 Dear Mr. Doll: On September 30th, 2004, a deposit for $3,013.00 was mistakenly made to your savings account at account #207769. This error was discovered on December 11th, 2004 at which time, an associate of Members 1st F.C.U. attempted to contact you regarding this matter. Subsequently, a single conversation has taken place between Ann Doll and a Members 1st F.C.U. associate wherein Ms. Doll was informed of the error and told that the money ha.d to be returned. Ms. Doll simply indicated that the funds had already been spent and that there were no additional funds to return. Since then, your account has been debited and currently reflects a negative balance of $2,993.56. In addition, a number of telephone messages have been left on your answering machine at telephone number (717) 528-7713 in an attempt to resolve this matter amicably. Those messages have met with no response. This letter shall serve as formal notification to you that $2,993.56 must be returned to Members 1st. FCU within ten (10) business days of receipt of this notice or the credit union will take legal action against you. In the event the money is returned within ten (10) days of receipt of this notice, the credit union will take no further action in this matter. Please be informed that your account is currently being monitored and any attempted transactions will be detected and denied. Please contact me at (717) 697-1161 extension 6013 so that arrangements may be made to bring this matter to close. .- I \ ' "11 1, /:'-'1-,,; I)r r l.) 5000 Louise Drive. PO. Box 40 . Mech3nicsburg. Pennsylv,ni.l 17055 . (717) 697-1161 . www,members1st,org Members 1st Federal Credit Union MEMBERSHIP AND ACCOUNT AGREEMENT This Agreement covers your and our rights and responsibilities concerning Accounts Members 1 st 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 anyone 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 Polley Disclosure, Truth-in~ 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 join 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, partnersh.lp, 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 beneficiary/payee 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 surviv~ng 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 01 Multiple Partv Accounts. Any owner is authorized and deemed to act 10r 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 27815Custom ~\, . \l E'A;b;\:- C dispute between owners or inconsistent instructions from them, we may suspend or terminate the account and require a court order or written consent from al\ owners to act c. Multiole Partv Account Owner Liabilitv. If a deposited item in a multiple party account is returned unpaid, an account is overdrawn, or if 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 ot 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 if he/ 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 10r any returned ilem. overdraft. or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Un\es.s a guardian or parent is an account owner, the guardian or paren! shall not have any account access rights. We have no duty to InQlNe about the use or purpose 01 any transaction. We will nOI change the account status when the minor reaches the age of maJoritv unl€'SS authorized in writing by all account owners . 6. Uniform Transfers/Gifts to Minors Account. A Uniform Trans1ers/Gi1ts to Minors Account (UTMAiUGMAI 'S an ,ndividual 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 beneiiciary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefil 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 Rate 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 to-whether it is payable to either or both, we may process the check, draft or item as though it is payable to either person. If 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 V2 inches from the top edge, although we may accept endorsements outside ,his 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 unstaffed facllities 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 Pavment. 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 cheeks, or other government checks) or pre authorized transfers horn 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 deposit or transfer option. Upon a bankruptcy filing, 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. Creditinq of Deposits. Deposits made after the deposit Gutoft 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 2781SCu5tom 9. Account Access. a. Authorized Sianature. 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 riot 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 if you do not authorize a particular transaction. b. Access Ootions. You may withdraw or transfer funds from your account(s) in any manner we permit (e.g., at an automated teller machine, \n 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 finai settlement. When you initiate a wire transfer, you may idelltify either the recipient or any financiai institution by name and by account or identifying number. The Credit Union land other institutions) may rely on the account or other identifying number as the proper identification even if it identities a diHerent party or institution d. Credit Union Examination. We may disregard Information on any dra1t or check, other than the signature ot 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 wlll notify you as required by law. 11. Transaction Limitations. a. Withdrawal Restrictions. We permit withdrawals oniy it 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 suHlcient funds in any order at 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. b. Transfer Limitations. For savings, Investment savings/money management account and suppiemental savings accounts, if applicable, you may make up to six (6) preauthorized, automatic, telephonic, or audio response trans1ers 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 (ACH). 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 trans1er 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, 1ees 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 deadllne 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. If 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 limits, b. OverdraH Protection Plan. \1 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 aU transfers. except those governed by agreements for loan accounts. 5 27815CuSlOm 14. Postdated and Staledated Drafts. We may pay any draft without regard to its date unless you notify us 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. StOD Pavment Order Reauest. 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. It 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 ot the draft. If we recredit your account after 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 trom time to time. We do not have to notify you when a stop payment order expires. c, Liabilitv. Fees for stop payment orders are set forth on the Rate and Fee Schedule. You may not stop payment on any certified check, cash.ler'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) circumslances beyond our control prevent the transaction; (3) your loss is caused by your or another financial institution's negligence: 6 or (4) your account funds are subject to legal process or ot~er. ?Iaim. We will not be Jiable for consequential damages, except lIability for wrongful dishonor. We exercise ordinary care \1 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 a:ea we serve. You gran~ us the right, in making payments of deposited funds, to rely exclUSively on the form 01 the account and the terms 01 this Account Agreement. Any conflict between what you or our employees may sayar write will be resolved by reference to this Agreement. 17. Credit Union lien and Security Interest. If 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 tl1eir source, unless prohibited by law. We may apply these funds, without further notice to you, in any order to payoff your indebtedness. By not enforcing a lien, we do not waive our right to en10rce 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 payout funds according to the terms of the action or refuse any payout untll1he 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 your account 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 01 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 Notice. 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. 7 27815Custorn 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. It 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 openmg your account. 22. Statements. a. Contents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the stl'l.tement period as required by applicable law. If a periodic statement is provided, you agree that only one statement is necessary for a muitiple 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 tor 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 tacsimHe signature machine. c. Notice 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 penodic statement you agree to notify us within fourteen (t4) 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 spec\1ied 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 fee, we will notify you, as required by law, at your last known address. You authorize us to tra~sfer ~unds 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 8 you with'ln 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 tunds have been turned over to the state, we have no further liability to you for such funds and jf 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, wili, 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 if: (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 dra1ts 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 01 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 an 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, jf we pay an item after termination, you agree to reimburse us. 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 jaw, 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 noti1ied 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 27815Cuslom 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. If 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 posHudgment 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. D1000.FK1 CUSTOM Rev 10101 10 KARL M. LEDEBOHM ATTORNEY.ATLAW 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) Kenneth L. Doll Ann Doll 2225 Upper Bermudian Gardners, P A 17324 RE: Members I" Account No.: 207769 Dear Mr. and Mrs. Doll: 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 st Federal Credit Union ("Members 1 st,,) has requested my office to collect the amounts due to Member's 1" in connection with a deposit which was made in error to your account as referenced above (the "Account") on or about September 30, 2004 in the amount of$3,013.00. Prior to Members 1st's correction of this error, $2,993.56 of the above funds were withdrawn at your direction. Upon Members 1st's correction of the error, the Account refleets a negative balance in the amount of $2,993.56 as a result of your withdrawal of funds which you knew or should have known did not belong to you. Members 151 has suffered damages as result of your improper withdrawal of the erroneously deposited funds from the Account and you have been unjustly enriched. As such, Members I st hereby demands the repayment to Members I st in the amount of $2,993.56. If you fail to deliver payment of the $2,993.56 to Members 15t within thirty (30) days of the date of this letter, Members 151 will have no choice but to file a legal action against you to collect all of the amounts due to Members 1 st 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 1 st. f'(~,'~;-\- " \:) 'i Nothing herein shall constitute or be construed as an agreement on behalf of Members 15t to aecept any terms and conditions in exchange for payment of the amounts due to Members I st except for the immediate payment of all amounts due to Members I st. Nothing herein shall constitute a waiver of any rights or remedies which Members 1st may have under any written agreement or at law or in equity to collect the amounts due to Members I st 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 I st. Members 1st looks forward to the payment of the $2,993.56 within thirty (30) days of the date of this letter. Very truJl yours, , , , ( I , I .,) I r ll, 1 . P , I iKarl M. Ledebohm / ( / d i,' h-J ....' ~ i, ~.., c.'( cc: Charles J. McBreen, Security Manager NOTICE This letter is an attempt to collect a debt. It you dispute the validity of this debt, or any portion thereof, and you contact the undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute WTitten verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon WTitten request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of this letter. ~"""-" JUN-02-2005 THU 02:47 pn ~EnBERS 1ST CENTRAL F1LE FAX NO, 7177958041 VERIfICATION 1. Charles 1. Me!:l=n, Se<:uti\y M:mager for Mcmbt,rs 1" Federal Credit Union, h~jllg author;l.ed lu do su On beh.,Jf ,,,' l..km\:.m I" l'<<.lcrol Croo.il Union, hereb~ verify thallhe ~talement~ made in the foregoing pleading arc true and correcllo the heIR ofm~ information knowledge and bt,lie[ Illnderstand that fal$c staltlment;; Me made subject to Ihe penalties of] 8 Pa. e.s.A. Section 4904, relating Ii) unsW01'll hlsltlcatioD to authorities. Membt,fS 1" Federal Credit Union ) p, 05/08 7C) ~ 'W. k ~ lI( ~ C> n ~> C' "~ 0 ......... t.~_ -' C.l' -" Ii'- ...... --l G ...0 :I: 0 ~ -u n1 ~., "_J c: ,., --...0 N \~1 lrt F , ,L, ~ 'T, -<::. :'1 1- l'-) (.) en r- C' II MEMBERS 1st FEDERAL CREDIT UNION Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3204 CIVIL TERM KENNETH L. DOLL ANN MARIE DOLL Defendants : CIVIL ACTION - LAW PRELIMINARY OBJEC:TIONS AND NOW, come Kenneth L. Doll and Ann Marie Doll, defendants in this action, through their Attorney Richard Koch, Esquire, and r,espectfully aver: 1. The complaint in this action was served on the defendants on June 22, 2005. 2. This response is timely filed. 3. The complaint consists of 17 paragraphs of alleged statements of fact. 4. The complaint ends with a demand for judgment for money against the defendants. 5. The complaint does not state a claim. 6. Pennsylvania Rule of Civil Procedure 1028 states that Preliminary Objections may be filed to a legally insufficient pleading (Pa. RCP 1028(a)(4)). WHEREFORE, Defendants request this Honorable Court dismiss this action for failure to state a claim. Respectfully Submitted TURO LAW OFFICES I~I~ Date - IS I "2~ _n/~ j<~ Richard Koch, ~ Tura Law Oftices 28 South Pill Street Carlisle, PA '17013 (717) 245-9688 Attorney for Defendants II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Preliminary Objections, upon Karl M. Ledebohm, Esquire, by U. S. First Class Mail on the fifteenth day of July 2005, from Carlisle, Pennsylvania, addressed as follows: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 TURO LAW OFFICES A'.~v/~ - ~c Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants o c:. .-' "'" c:::;:) d' t.-- L~:: ,-- - U' , 7 ~'-." ~.,--", .~-\ -<- Q, -:?--,-, n'r: -r'jrn -,\"J~) '\?~ S~!. 15-~~ ..,~~~,(\ ,-j' ~::.\ -.", :r~ .-<. -0 _.~. --- r:-? ..J.;:- -l - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03204 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS DOLL KENNETH L 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: DOLL KENNETH L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 6th , 2005 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County Postage 18.00 9.00 10.00 49.50 .74 87.24 07/06/2005 KARL LEDEBOHM . .--y -- . .-~~,,-:_~---;,> So answers:' ':,~ _~--"- ~.- -, __:<,-------.-,.r'''-_-v":;:'~ / -,,<.:.-.-','~ ~..,-, R. Thomas Kline Sheriff of Cumberla. d County Sworn and subscribed to before me this tv P,- day of ~ A.D. / ;;2 /H); --\ ~ Q. )v"il,., A~ Prothonotary , In' The Court of Common Pleas of Cumberland County, Pennsylvania Members 1st Federal credit Union VS. Kenneth L. Doll et a1 SERVE: Kenneth L. Doll No. 05-3204 civil Now, June 23, 2005 , T, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. .r~~~ 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 the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03204 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS DOLL KENNETH L 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: DOLL ANN MARIE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 6th , 2005 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/06/2005 KARL LEDEBOHM So anr:::':rs.: -~ ;/ ___.__~>~7 r;;-.- ~/ ~ p: - . --"-.. .,- '" ~'- ~ ~~~.~_. R~ Thomas Kline ( Sheriff of Cumberland County Sworn and subscribed to before me this p.e. day of G1 J.tJiJ! A.D. (~h _ Q )-v,,;t~ (~ Prothonotary' In The Court of Common Pleas of Cumberland County, Pennsylvania Members 1st Federal Credit Union VS. Kenneth L. Doll et al SERVE: Ann Marie Doll No. 05-3204 civil Now, June 23, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~/~ 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 the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE,GETTYSBURG,PA17325 INSTRUCTIONS: See "INSmUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No.5) copy of this form. Please type Of prinllegibly, insuring readability of all copies. Do not detach any copies. ACSO ENV.f 1. PLAINTIFF/Sf 2. COURT NUMBER MEMBERS 1st FEDERAL CREDIT UNION 05-3204 Civil Term 3. DEFENDANT/S! 4. TYPE OF WRIT OR COMPLAINT: KENNElli L. DOLL and ANN MARIE OOLL IComplaint in Civil Action SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. . Kenneth L. Doll and AIm Marie Doll 6. ADDRESS (Street or RFO, Apartment No., City, Bora, Twp.. Stale and ZIP CODE) SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN AT 2225 Upper Bermudian Road, Gardners, PA 17324 7. INDICATE UNUSUAL SEAVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAllO REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVtCE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf 01: Xi PLAINTIFF o DEFENDANT 10. TELEPHONE NUMBER 11. DATE Karl M. Ledebohm, Esq. (717) 938-6929 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ or complaint as indicated above. SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration~date JULY 22 2005 6-24-2005 15. I hereby CERTIFY and RETURN that I M have personally served, 0 have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse) [J have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE end ATTESTED Copy therof. 16. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served Ann Marie Doll served personally and accepte 18. A person 01 suitable age and discretion Read Order . f K h LOll then residing in the defend8nt's usual 0 servIce or ennet . 0 ~"",ol_,O 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 6/29/05 3:35PM 25. Miles Dep.lnt. Oep.lnt. 22. ATTEMPTS Dep.lnt. Date $m.m Hn.. AFFIRMED and subscribed to before me this ~. day of By I_I Oop. _1- J mes W. Muller Signature of Sheriff RAYMOND W. NEWMAN Date 6/29/2005 Oat. 6/29/2005 ProIhonotwyIDeputylNotary Public S_ OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZEO ISSUING AUTHORITY AND TITlE. 39. Date Recetved PROTHONOTARY SHERIFF'S RETURN OF SERVICE ( ) ( 1 ) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at , the within named mail, return receipt requested, postage on the ( ) The return receipt signed by defendant on the made a part of this return. ( 2) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at is hereto attached and R.C.P.405 (c) (1) (2), by mailing a true in the following manner: ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( 3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams; Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( ) ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached. ) (5) Other returned by the Postal II MEMBERS 1st FEDERAL CREDIT UNION Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3204 CIVIL TERM KENNETH L. DOLL ANN MARIE DOLL Defendants : CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF PRELIMINARY OBJECTIONS TO THE PROTHONOTARY OF SAID COURT: Please withdraw the Defendants' Preliminary Objections to the Complaint filed in the above matter. Respectfully Submitted TURO LAW OFFICES 6()/lfb / ;!t?05:> ate ( IC ard Ko , squl Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants II MEMBERS 1st FEDERAL CREDIT UNION Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3204 CIVIL TERM KENNETH L. DOLL ANN MARIE DOLL Defendants : CIVIL ACTION - LAW WITHDRAWAL OF PRELIMINARY OBJECTIONS AND NOW, come Kenneth L. Doll and Ann Marie Doll, defendants in this action, through their Attorney Richard Koch, Esquire, and respectfully aver: Defendants withdraw their Preliminary Objections to the Complaint filed in the above matter. Defendants do not wish to pursue this matter at trial. WHEREFORE, Defendants request this Honorable Court order the withdrawal of the Preliminary Objections in this action. Respectfully Submitted TURO LAW OFFICES /p/lB/z0 t>..:>- Date i ard ch, E guire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Withdrawal of Preliminary Objections upon Karl M. Ledebohm, Esquire, by U.S. First Class Mail on the eighteenth day of October 2005, from Carlisle, Pennsylvania, addressed as follows: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 TURO LAW OFFICES 1t~t 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants n ~.1 ~~. '--' Q {,:-~,) C_d " ("':"'. ( --- G) :;'::.: -,'^ c> en ,.~ :_~"J co -~ , MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs NO, 05-3204 Civil Term KENNETH L. DOLL ANN MARIE DOLL DEFENDANTS . CIVIL ACTION - LAW PRAECIPE Please enter judgment in the above captioned proceeding in favor of Members I" Federal Credit Union, Plaintiff, and against the Defendants, Kenneth L. Doll and Ann Marie Doll, in the amount of FOUR THOUSAND SEVEN HUNDRED FORTY- THREE AND 56/100 ($4,74356) plus post judgment interest at the legal rate, additional attorney's fees, expenses and costs of suit. Judgment is entered pursuant to Pa. R c.p 3031 for failure to file an Answer on behalf of Defendants, Kenneth L. Doll and Ann Marie Doll, to Plaintiff's Complaint within twenty (20) days of service thereof and after a lO-day Notice was sent Date November '1 ' 2005 R'"7.;~b~~ arl M, L deb hm, Esquire {Supreme Court ID #59012 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notices of intent to take default judgment were forwarded to Kenneth L. Doll, Ann Marie Doll and Richard Koch. Esquire, attorney for Defendants, by United States Mail, First Class, postage prepaid on October 24, 2005, The aforesaid notices were each contained within an envelope bearing the return address of the undersigned The notices have not been returned to the undersi~ned as undeliverable or otherwise, ,A copy of the notice and Postal Forms 3817. a reaua,c ched he re.l.o a. nd Ra~k, . E h'b' "A" ~~' ( . I I ! X 1 It . ,/ i; " I.' I" i , ' ) , i 1 ~. .' c ."' 1------., "'. I ' r M, L ebohm, Esquire ~ MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLArNTIFF Vs NO, 05-3204 Civil Term KENNETH L DOLL ANN MARIE DOLL DEFENDANTS CIVIL ACTION - LAW IMPORTANT NOTICE TO Kenneth L Doll 2225 Upper Bermudian Gardners. PA 17324 Ann Marie Doll 2225 Upper Bermudian Gardners. P A 17324 Richard Koch, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (1 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGArNST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORT ANT RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 2 Liberty A venue Carlisle, PAl 70 13 (7 I 7) 249-3166 or (800)990-9108 EXHIBIT "A" .... Date October 24, 2005 RespectfJtly s~bmitt ~.^~ . '. / / / (//'/ /1 tL, -<'- " - arl ede ohm, Esq Supreme Court ID #59012 PO Box 173 New Cumberland, PAl 7070-0 173 (717) 938-6929 Attorney for Plaintitl 1}f~- j;Jl j;l U.S. POSTAGE PAlO N~W CU~~~@kRNO.PR OCTI2~:'ID5 AMOUNT Cl Z >- ::i 0 - <t z M W :;J 0 :; w t"- M -' , ... 0 - 0 t"- o '" 0 0 0 0 - t"- -' , -' 0 :> "' '" 0 '" ~ 0 :> , < t"- !;( :> t"- o z C' ~ 0 "- t"- o (j < t"- z 0 ~ 'f> Z < \.l.l -< ii: 0 0- 0 t"- z ~ ~ 'f> ;0 6' "" G l>., \.l.l -< < - we ~<r ~ff ~ -< H "'" "' S l>., \.l.l ze ..<:: (j ww <", p... 0: 0 c >->- "'" z" E oj zw ..<:: -< Z> ..c -< '" 0'" "'" <0 V M -;:: 0;> 0 z>- ..<:: of -0 r-- V ~~ .D oj <" 0 '" ~c '-' ~..o oC V M -;:: 0 ,,~ ..0 oj w me -0 t"- V 0 -;:: 0 we .....l S i=~ >-, V ,") ~; " Q) ..0 . N UJ "w Q) ~ w" U wo -0 t"- 0< ~c3 we .....l S E '" '> :>z V - ..0 01 ~ :>, " c . 0< S w <r' 0< ' 0 '" ~ 0 0: o<r .....l " if) 0' i$ 0" ~Q:lU c w <r~ ~8 ~ ", -;:: ",= 'E . if) 0 ~ OW ~ <( 01 oj V 0" i$ 0 ~ "~ >- WI ~ Z "' tiJ 0 " ..: <( D<r if) W, p... DO V ~ ;;; >- WD -;:: i$ 0 ~, we ~ Z if) W" 0 "- WI We p... '" 2 ~w oj V m> ~" " ~ Z if) a. E WD p... i~ we ~ m5 ::> m5 ,;: 0 0 vi ~iE >0 '" ::) <<r if) :>~ "'~ "- U.S. POSTAGE PAlO NEW CUMBERLAND.PR i7G7Q OCT 24. 05 AMOUNT $090 00027025-04 C T.J ~ ~ ~ :\I=- \l 0- r-' 0 r.:::> \) ,,:;>;.1 ..,~ f~..rt ~ ~ ;:::.: ---' - - -' C: .-j', ~ ~ P'-F - -- _.-.cr'. \J 1 jy --D c") ;~~~() -::J ,--..-<", ~ -- -'lJ ~,~~. Q.. E- -"" \U <:? ~ - '?2i -L. '-" .-<. r-- " MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs, NO,: 05-3204 Civil Term KENNETH L DOLL ANN MARIE DOLL DEFENDANTS . CIVIL ACTION - LAW NOTICE OF JUDGMENT PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO Kenneth L Doll 2225 Upper Bermudian Gardners, PA 17324 Ann Marie Doll 2225 Upper Bermudian Gardners, P A 17324 Richard Koch, Esquire Turo Law Offices 28 South Pitt Street Carlisle. P A 17013 You are lId "by notified that on ./L Jr,)l::' J> , 2005 the following judgment has been entered against you in the above captioned case. Judgment in the above captioned proceeding in favor of Members 1'1 Federal Credit Union. Plaintiff, and against the Defendants, Kenneth L Doll and Ann Marie Doll, in the amount of FOUR THOUSAND SEVEN HUNDRED FORTY-THREE AND 56/100 ($4,743,56) plus post judgment interest at the legal rate, additional attorney's fees, expenses and costs of suit. Judgment is entered pursuant to Pa, RCP, 3031 for failure to file an Answer on behalf of Defendants, Kenneth L Doll and Ann Marie Doll, to Plaintiff's Complaint within twenty (20) days of service thereof and after a 1 O-day Notice was sent ~ Dated j/ IrfDS p,~~;;~7J ,/ I hereby certify that the proper persons to receive this notice under Pa RCP 236 are: Kenneth L. Doll 2225 Upper Bermudian Gardners, PA 17324 Ann Marie Doll 2225 Upper Bermudian Gardners, PA 17324 Richard Koch, E,yuire Turo Law Offices 28 South Pitt Street Carlisle. P A 17013 , .. MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLArNTIFF Vs NO, 05-3204 Civil Term KENNETH L DOLL ANN MARIE DOLL DEFENDANTS . CIVIL ACTION - LAW A Kenneth L Doll, Ann Marie Doll, Richard Koch, Esquire. Por este medio se Ie esta notificando que el de 2005, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe Fecha Protonotario Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de residencia Kenneth L Doll 2225 Upper Bermudian Gardners, PA 17324 Ann Marie Doll 2225 Upper Bermudian Gardners, PA 17324 Richard Koch, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 Respectfully submitted, f/) ~< Karl M, Ledebohm, Esquire Supreme Court ID #59012 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff Dated. November'lJ,2005 I