United States District Court, S.D. Ohio, Western Division
FRED A. NORMAN, et al., Plaintiffs,
SUPERIOR CREDIT UNION, INC., f/k/a CINCO CREDIT UNION, et al., Defendants.
REPORT AND RECOMMENDATION
Stephanie K. Bowman United States Magistrate Judge
April 5, 2019, Plaintiffs Fred A. Norman and Lydia Norman,
proceeding pro se, paid the requisite filing fee and
initiated this civil case against Superior Credit Union, Inc.
formerly known as Cinco Credit Union, and three of its
employees: Tom Hopper, Jim Zahneis, and Perry
Lunhe. Pursuant to local practice, this case has
been referred to the undersigned magistrate judge. See
generally 28 U.S.C. § 636(b).
have filed a motion for summary judgment. Plaintiffs have
responded, and Defendants have filed a reply. For the reasons
that follow, the undersigned now recommends that
Defendants' motion be GRANTED and that this case be
Allegations of Complaint
the undersigned concludes that this Court is without
jurisdiction over this case, it is appropriate to begin with
a review of Plaintiffs' claims. The entirety of the
complaint sets forth those claims as follows:
1. Cinco et al employees Tom Hopper and Jim Zahneis
perpetrated the acts of theft and misappropriation of
plaintiffs Savings and Primary Share and Mortgage accounts
2. Cinco et al. employees Tom Hopper 1987-1999 and Jim
Zahneis from 1998 until now, substantial amounts of money was
taken and transferred out of the savings and mortgage
accounts of Fred and Lydia Norman from 1987-2017.
3. Cinco et al employees from 1987-1999 Tom Hopper and from
1999-2017 Jim Zahneis, both used altered contracts, illegible
and incomplete listing of payments and money, also changing
book series numbers that were different from the original
4. Cinco et al Tom Hopper from 1987-1999 and irregularities
on the ledger to remove or use significant amounts of money
from the savings, primary share account and mortgage of Fred
and Lydia Norman, which they never had the opportunity to
receive any payments or dividends from their shares which
Cinco has taken and hid.
5. Cinco et al employee Jim Zahneis from 1999-2018,
purposefully used outdated and purported contracts, false
statements while using wire transfers from out of the savings
account and primary shares from the accounts of Fred and
Lydia Norman. While using illegal interest rates that
doesn't follow federal rules and regulations, this has
continued for over 20 plus years. Now when it comes to
Superior Credit Union, suspicions grow with them. Although
they are now the new Cinco, the savings and primary shares
are being used and taken again. Until this day, the Normans
still have not received a check or any dividends.
6. Now the same pattern continues with Superior and once
again, Fred and Lydia Norman are restricted from all access
to their accounts including the primary shares. The same vile
business practices are being used against the Normans.
7. Substantial amounts of money have been taken and paid to
these financial institutions. This situation needs to be
investigated and tried.
below the above typed paragraphs in the complaint is the