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Home My WebLink About04-1736 JAMES C. COSTOPOULOS, Attorney-in-Fact: IN THE COURT OF COMMON PLEAS for KATHERINE COSTOPOULOS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. ; No.: 04- 1"7~/~ C;ull YE-ILh1 WAYPOINT BANK and WAYPOINT FINANCIAL CORPORATION, Defendants : CIVIL ACTION-LAW : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above named defendants at the following address(s): Waypoint Bank 235 North 2nd Street Harrisburg, PA 17101 717-909-2212 Waypoint Financial Corporation 235 North 2nd Street Harrisburg, PA 17101 717-909-2212 BY: Thank you. William C. Costopoulos, Esquire I.D. 22354 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 Attorney for Plaintiffs Date: April 19, 2004 .fQ. P (:) ~ #-'i~ ~ ........ ...() 0 6 ~ v (;; r P=- o ~ ~ -.':! .. ,. Co,+ " C\ ~ JAMES C. COSTOPOULOS, Attorney-in-Fact: IN THE COURT OF COMMON PLEAS for KATHERINE COSTOPOULOS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. ; No.: /"J4 -J?~I.:. CI"uLC--T~ WAYPOINT BANK and WAYPOINT FINANCIAL CORPORATION, Defendants : CIVIL ACTION-LAW : JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. Dated: tfpn.LL ;:J I, ") ()Dr ct~~h03.~ ~ Seal of the Court SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01736 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COSTOPOULOS JAMES C ET AL VS WAYPOINT BANK 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: WAYPOINT BANK but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 5th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 18.00 9.00 10.00 31.50 .00 68.50 05/05/2004 COSTOUPOLOUS S/~~... . ../.../__:------ ~.-o' - ~_.- ...- - ....- .-....-.::::=:--.....- R. Thomas Kline Sheriff of Cumberland County FOSTER FIELDS Sworn and subscribed to before this ~day of me 0{ p'" Y A.D. -~ -,~.t:. ~. --,-- (; Prothonotary I~ I\t.:j SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01736 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COSTOPOULOS JAMES C ET AL VS WAYPOINT BANK 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: WAYPOINT FINANCIAL CORPORATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 5th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 05/05/2004 COSTOPOULOS So a~}--~-) /__-::_ ~~-r---~~::. R.IThomas K~~-~ Sheriff of Cumberland County FOSTER FIELDS Sworn and subscribed to before me this ~ day of '1'" c9. -- Y. A.D. '?'J, ~ 1- .... - - Prothonotafy 1- (fUj :. Il~ ,In The Court of Common Pleas of Cumberland COUl!Ilty, PennsyRvania James C. Costopoulos etc vs. Waypoint Bank et al SERVE: Waypoint Bank No. 04-1736 civil Now, April 22, 2004 , I, SHERIFF OF CUMBERLA.."ND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ."....,/ './/;:::' ~~""'~<4~~-R Sheriff ofCurnherhll1d County, PA Affidavit of Service Now, , 20_, at 0' 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 Swom and subscribed before me this _ day of , 20_ COSTS SERVICE MILEAGE AFFIDAVIT $. $ @{{it~ of tlre ~4eriff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania COSTOPOULOS JAMES C vs County of Dauphin WAYPOINT BANK Sheriff's Return No. 3970-T - -2004 OTHER COUNTY NO. 04-1736 AND NOW:April 28, 2004 at 11:05AM served the within SUMMONS upon WAYPOINT BANK by personally handing to JUDITH VALENTINE TELLER 1 true attested copy{ies) of the original SUMMONS and making known to him/her the contents thereof at 235 NORTH 2ND ST HBG, PA 17101-0000 Sworn and subscribed to before me this 29TH day of APRIL, 2004 So Answers, JR~ r~ Sheriff of D_aup~ Pa. By ~ eputy Sheriff Sheriff's Costs:$31.50 PD 04/28/2004 RCPT NO 193479 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire. Dauphin County My Commission Expires Sept. 1,2006 ET in The Court of Common Pleas of Cumberland County, Pennsylvania James C. Costopoulos etc VS. Waypoint Bank et al SERVE: Waypoint Financial Corporation No. 04-1736 civil Now, April 22, 2004 , I, SHERIFF OF CUMBERLA..ND COUNTY, P A, do hereby deputize the Sheriff of Douphin County to execute this Writ, this deputation being made at 111e request and risk of the Plaintiff. ~#' /// ,t. -..,....;~,#"-. ~ ~~4~~ , Sheriff of Cumberland County, P A 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, fA Sworn and subscribed before me this day of .20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ @iiite of tq~ ~lr~:riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (117) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania COSTOPOULOS JAMES C vs County of Dauphin WAYPOINT BANK Sheriff's Return No. 3970-T - -2004 OTHER COUNTY NO. 04-1736 AND NOW:April 28, 2004 at 11:05AM served the within SUMMONS upon WAYPOINT FINANCIAL CORP by personally handing to JUDITH VALENTINE TELLER 1 true attested copy(ies) of the original SUMMONS and making known to him/her the contents thereof at 235 NORTH 2ND ST HBG, PA 17101-0000 So Answers, JR~ ~,. Sheriff of D Sworn and subscribed to before me this 29TH day of APRIL, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire. Dauphin County My Commission Expires Sept. 1,2006 By eputy Sheriff Sheriff's Costs:$31.50 PD 04/28/2004 RCPT NO 193479 ET ORIGINAL JAMES C. COSTOPOULOS, ATTORNEY-IN-FACT FOR KATHERINE COSTOPOULOS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLJ~D COUNTY, PENNSYLVANIA No. 04-1736 Civil Term v. CIVIL ACTION - LAW WAYPOINT BANK AND WAYPOINT FINANCIAL CORPORATION, Defendants JURY TRIAL DEMANDED NOTICE TO DEFENIl YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may 10se money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR Lll.WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 JAMES C. COSTOPOULOS, ATTORNEY-IN-FACT FOR KATHERINE COSTOPOULOS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERU~ COUNTY, PENNSYLVANIA No. 04-1736 Civil Term v. CIVIL ACTION - LAW WAYPOINT BANK AND WAYPOINT FINANCIAL CORPORATION, Defendants JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, James C. Costopoulos, attorney- in-fact for Katherine Costopoulos, by and through their attorney, William C. Costopoulos, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectful1y represent as follows in support of this Complaint: Parties 1. Plaintiffs are James C. Costopoulos, an adult individual with his main place of business located at 15 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, who is attorney-in-fact pursuant to a duly executed general power of attorney for Katherine Costopoulos, an adult individual residing in Carlisle. A true and correct copy of the aforesaid general power of attorney is marked Exhibit "A" and attached to the complaint:. 2. Defendant, Waypoint Bank, is a financial institution authorized by the laws of the Commonwealth of Pennsylvania to do business and doing business as a bank with its main place of business located at 235 North Second Street, Harrisburg, Dauphin County, Pennsylvania. 1 3. Defendant, Waypoint Financial Corporation, a financial corporation and parent company of Defendant, Waypoint Bank, is duly organized and operating under the laws of the Commonwealth of Pennsylvania with its main place of business located at 235 North Second Street, Harrisburg, Dauphin County, Pennsylvania. Backoround Alleoations 4. At all relevant times, Plaintiff, Katherine Costopoulos, was and had been a customer of Defendants, Waypoint Bank and Waypoint Financial Corporation, and their predecessor bank(s) and corporation(s) for many years, having a checking account and conducting her banking business at the local Waypoint Bank branch in Carlisle. 5. At all relevant times, Defendants, Waypoint Bank and Waypoint Financial Corporation, agreed to accept all sums of money deposited by Plaintiff, Katherine Costopoulos, and to pay all sums to payees drawn by Plaintiff, Katherine Costopoulos, bearing her authorized signature. 6. Plaintiff, Katherine CostopouloB, is personally known by the managers and employees of the aforesaid local Waypoint Bank branch in Carlisle owned and operated by Defendants, Waypoint Bank and Waypoint Financial Corporation. 7. At an exact date unknown to Plaintiffs, James C. Costopoulos and Katherine Costopoulos, one Constantine Costopoulos, the latter's adult grandson, stole or ot.herwise acquired without 2 permission the checkbook and/or checks of Plaintiff, Katherine Costopoulos, for her checking account at the aforesaid local Waypoint Bank branch in Carlisle. 8. Beginning in approximately early December 2003 through late January 2004, Constantine Costopoulos fraudulently wrote a series of approximately twenty-three (23) checks of Plaintiff, Katherine Costopoulos, on her aforesaid checking account with Defendants, Waypoint Bank and Waypoint F'inancial Corporation, in the total approximate amount of Eight Thousand Three Hundred and Seven Dollars ($8,307); no other activity of any kind took place with respect to this account during this period of time. 9. Constantine Costopoulos fraudulently dated each of the checks (except one), made them payable to himself, wrote in the amounts numerically and spelled out, and then signed the name of Plaintiff, Katherine Costopoulos, to each of them all without her permission or knowledge. 10. Constantine Costopoulos presented most of the aforesaid forged checks to the aforesaid local Waypoint Bank branch office in Carlisle for payment, where he endorsed them, sometimes also fraudulently endorsed them with the name of Plaintiff, Katherine Costopoulos, and sometimes entered his driver's license number on them when requested. 11. Despite the fact that Plaintiff, Katherine Costopoulos, was personally known by the managers and employees of the local 3 Waypoint Bank branch in Carlisle, not once was she contacted or was a "red flag" raised as Constantine Costopoulos was being paid in cash by Defendants, Waypoint Bank and Waypoint Financial Corporation, from checks drawn on her checking account on a nearly daily basis and sometimes as often as twice a day from December 11, 2003 to January 27, 2004. 12. The employees of the aforesaid local Waypoint Bank branch office in Carlisle paid Constantine Costopoulos in United States currency on those checks presented by him to it. 13. Four (4) of the aforesaid forged checks were apparently presented by Constantine Costopoulos to a branch of M & T Bank where he was paid in United States currency on those checks presented by him to it. 14. All of the aforesaid forged checks were paid by Defendants, Waypoint Bank and Waypoint Financial Corporation, which charged the total approximate sum of Eight Thousand Three Hundred and Seven Dollars ($8,307) against the aforesaid checking account of Plaintiff, Katherine Costopoulos. 15. The following is a listing of the aforesaid forged checks in sequential order which were paid by Defendants, Waypoint Bank and Waypoint Financial Corporation, over a period of one (1) month: a) No. 391 dated 12/10/03 and cashed on 12/11/03 in the amount of $300; b) No. 392 dated 12/3/03 and cashed on 12/16/03 in 4 the amount of $475; c) No. 393 dated 12/8/03 and cashed on 12/15/03 in the amount of $482; d) No. 394 dated 12/11/03 and cashed on 12/12/03 in the amount of $518; e) No. 396 dated 12/10/03 and cashed on an unknown date in the amount of $275; f) No. 397 dated 12/24/03 and cashed on 12/26/03 in the amount of $340; g) No. 398 dated 12/25/03 and cashed on 1/6/04 in the amount of $175; h) No. 399 dated 12/25/03 and cashed on 12/29/03 in the amount of $565; i) No. 400 dated 12/25/03 and cashed on 12/30/03 in the amount of $650; j) No. 401 dated 12/30/03 and cashed on 1/5/04 in the amount of $285; k) No. 402 dated 12/30/03 and cashed on 12/31/03 in the amount of $325; 1) No. 403 dated 1/6/04 and cashed on 1/7/04 in the amount of $400; m) No. 404 dated 1/8/04 and cashed on 1/8/04 in the amount of $325; n) No. 405 undated and cashed on 1/12/04 in the 5 amount of $225; 0) No. 406 dated 1/12/04 and cashed on 1/13/04 in the amount of $275; p) No. 407 dated 1/14/04 and cashed on 1/15/04 in the amount of $400; q) No. 408 dated 1/14/04 and cashed on 1/16/04 in the amount of $337; r) No. 409 dated 1/14/04 and cashed on 1/20/04 in the amount of $350; s) No. 410 dated 1/19/04 and cashed on 1/20/04 in the amount of $365; t) No. 411 dated 1/20/04 and cashed on 1/22/04 in the amount of $310; u) No. 412 dated 1/22/04 and cashed on 1/23/04 in the amount of $185; v) No. 413 dated 1/22/04 and cashed on 1/26/04 in the amount of $380; and w) No. 416 dated 1/26/04 and cashed on 1/27/04 in the amount of $365. Copies of the aforesaid forged checks (front and back indicating their endorsement and payment by Defendants) are marked as collective Exhibit "B" and attached to this complaint; Defendants are in possession of the original checks. 16. Plaintiff, James C. Costopoulos, upon receiving the 6 Waypoint Bank statement of Plaintiff, Katherine Costopoulos, in late January 2004, recognized the payment: of the aforesaid forged checks by Defendants, Waypoint Bank and Waypoint Financial Corporation, and immediately notified them and law enforcement authorities. Count I: Plaintiffs v. Defendants Breach of Warranty 17. The allegations set forth in paragraphs 1 through 16 above are incorporated herein by reference. 18. Banks, including Defendants, Waypoint Bank and Waypoint Financial Corporation, pursuant to their agreement with their customers, including Plaintiff, Katherine Costopoulos, warrant that they will not pay a forged check presented to them and that they will not charge their customers for a forged check. 19. Defendants, Waypoint Bank and Waypoint Financial Corporation, breached their warranty with their customer, Plaintiff, Katherine Costopoulos, by paying the aforesaid forged checks even though they did not bear the proper and authorized endorsement of Plaintiff, Katherine Costopoulos, and then charging the full amount to her aforesaid checking account. 20. As a direct and proximate result of the aforesaid breach of warranty by Defendants, Waypoint Bank and Waypoint Financial Corporation, Plaintiff, Katherine Costopoulos, has suffered a loss of Eight Thousand Three Hundred and Seven Dollars ($8,307). 7 21. Demand has been made by Plaintiff, James C. Costopoulos, upon Defendants, Waypoint Bank and Waypoint Financial Corporation, to recredit to the account of Plaintiff, Katherine Costopoulos, the full amount of the forged checks paid by them which were improperly charged to her account but Defendants have refused payment. WHEREFORE, Plaintiffs, James C. Costopoulos and Katherine Costopoulos, hereby demand judgment against Defendants, Waypoint Bank and Waypoint Financial Corporation, jointly and severally, in the amount of Eight Thousand Three Hundred and Seven Dollars ($8,307) together with attorney's fees" costs and interest as provided by law. Count II: Plaintiffs v. Defendants Neqliqence 22. The allegations set forth in paragraphs 1 through 21 above are incorporated herein by reference. 23. Banks, including Defendants, Waypoint Bank and Waypoint Financial Corporation, have a duty to their customers, including Plaintiff, Katherine Costopoulos, to exercise reasonable care or diligence in ascertaining whether checks bear the proper and authorized signature of their customers, including Plaintiff, before paying them and charging the amount of payment to the accounts of their customers, including Plaintiff. 24. Defendants, Waypoint Bank and Waypoint Financial Corporation, breached their duty to exercise such reasonable care 8 or diligence and acted negligently, carelessly and/or recklessly in that they: a) failed to ascertain whether the aforesaid forged checks bore the proper and authorized signature of their customer, Plaintiff, Katherine Costopoulos, before paying them and charging the amount of payment to her account; b) failed to follow commercially reasonable banking procedures and practices by not ascertaining whether the aforesaid forged checks bore the proper and authorized signature of their customer, Plaintiff, Katherine Costopoulos, before paying them and charging the amount of payment to her account; c) acted in bad faith in failing to ascertain whether the aforesaid forged checks bore the proper and authorized signature of their customer, Plaintiff, Katherine Costopoulos, before payin9 them and charging the amount of payment to her account; d) consciously and deliberately decided to remain ignorant of the existence of the aforesaid fraudulent scheme despite irregularities on the face of the transactions, including the fact that Constantine Costopoulos was appearing in its bank on an almost daily basis and even twice daily presenting forged checks and getting paid in cash; 9 e) failed to contact Plaintiff, Katherine Costopoulos, to determine whether the aforesaid forged checks were genuine despite the fact that their managers and employees had personally known her; and f) knew or should have known that the aforesaid checks were forged. 25. As a direct and proximate result of the aforesaid breach of the duty to exercise reasonable care or diligence by Defendants, Waypoint Bank and Waypoint Financial Corporation, and their negligence, carelessness and/or recklessness, Plaintiff, Katherine Costopoulos, has suffered a loss of Eight Thousand Three Hundred and Seven Dollars ($8,307). 26. Demand has been made by Plaintiff, James C. Costopoulos, upon Defendants, Waypoint Bank and Waypoint Financial Corporation, to recredi t to the account of Plaintiff, Katherine Costopoulos, the full amount of the forged checks paid by them which were improperly charged to her account but Defendants have refused payment. WHEREFORE, Plaintiffs, James C. Costopoulos and Katherine Costopoulos, hereby demand judgment against Defendants, Waypoint Bank and Waypoint Financial Corporation, jointly and severally, in the amount of Eight Thousand Three Hundred and Seven Dollars ($8,307) together with attorney's fees, costs and interest as provided by law. 10 Count III: Plaintiffs v. Defendants Breach of Contract 27. The allegations set forth in paragraphs 1 through 26 above are incorporated herein by reference. 28. Banks, including Defendants, Waypoint Bank and Waypoint Financial Corporation, pursuant to their agreement with their customers, including Plaintiff, Katherine Costopoulos, agree that they will not pay a forged check presented to them and that they will not charge their customers for a forged check. 29. Defendants, Waypoint Bank and Waypoint Financial Corporation, breached their agreement with their customer, Plaintiff, Katherine Costopoulos, by paying the aforesaid forged checks even though they did not bear the proper and authorized endorsement of Plaintiff, Katherine Costopoulos, and then charging the full amount to her aforesaid checking account. 30. As a direct and proximate result of the aforesaid breach of warranty by Defendants, Waypoint Bank and Waypoint Financial Corporation, Plaintiff, Katherine Costopoulos, has suffered a loss of Eight Thousand Three Hundred and Seven Dollars ($8,307). 31. Demand has been made by Plaintiff, James C. Costopoulos, upon Defendants, Waypoint Bank and Waypoint Financial Corporation, to recredi t to the account of Plaintiff, Katherine Costopoulos, the full amount of the forged checks paid by them which were improperly charged to her account but Defendants have refused payment. 11 WHEREFORE, Plaintiffs, James C. Costopoulos and Katherine Costopoulos, hereby demand judgment against Defendants, Waypoint Bank and Waypoint Financial Corporation, jointly and severally, in the amount of Eight Thousand Three Hundred and Seven Dollars ($8,307) together with attorney's fees" costs and interest as provided by law. ~ William C. Costopoulos, Esquire I.D. No. 22354 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/p.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFFS DATED: May 19, 2004. 12 VERIFICATION I, Plaintiff, James C. Costopoulos, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsificat'on to authorities. BY: IJ--r { C. Costopoulos DATED: May 19 , 2004. 13 fROM M FAX NO. 2435312 Mar. 29 2004 01:24PM Pi GENERAL PO,WER OF ATTORNEy' I, KATHERINE COSTOPOULOS, of 630 South Hanover Street, Carlisle, Pennsylvania 17013, do hereby nominate, constitute, and appoint my son, JA,MES C. COSTOPOULOS, of 15 South Hanover Street, Carlisle, Pennsylvania 17013, my true and lawful attorney-in-fact, to act in, manage, and conduct all my estate and all my affairs, for me and in my name, place, and stead, and for my benefit, and as my act and deed, to do and perform any that I might legally perform through an attorney-in-fact or that I myself might perform if I were presenl, including, but nOllimited 10, the following: 1. To buy, receive, lease, accept, or otherwise acquire; to sell, convey, mortgage, hypothecate, pledge, quitclaim, or otherwise encumber or dispose of or 10 cOn1rllct or agree for the acquisition, disposal or encwnbrance of; any property whatsoever and wheresoever situated, be It real, personal or mixed, or any custody, possession, interest, or right therein or pertaining thereto, upon such terms as my said attorney shall think: proper; 2. To take, hold, possess, invest, lease, or let, or otherwise DlaIlage any or all of my real, personal, or mix.ed property, or any interest therein; to create a 'trust for my benefit; 10 eject remove, or relieve tenants or other persons from, and recover possession of, such property by all lawful means; and to maintain, protect, preserve, insure, remove, slClre, transport, repair, rebuild, modify or improve the same or any part thereof; 3. To make, do, IranSaCt all and every kind of business of what nature or kind soever, including the receipt, recovery, collection, payment, COIDpromise, settlement, and adjustment of all accounts, legacies, bequests, interest, dividends, annuities, demands, debts, taxes and obligations, which may now or hereafter be due, owing, or payable by me or to rnt:; 4. To make, endorse, accept, receive, sign, seal, execute:, acknowledge, and deliver deeds, assignments. agreements, certificates, hypothecations, checks, nOles, bonds, vouchers, receipts, and such other instruments in writing of whatever kind and nature as may be necessary, convenient, or proper in the premises; ..._ _ ._ 5. .- To deposit$dwilltdrsw- fOf-!hepurposesherwf,ineilh-rny-Sltid~iU)rPey;s name or my name 01' jOiiitl:; in l;oth j]am~, Ol' in a :;-..3t for my benefit, i."l or from My banking or other institution, any funds, negotiable paper, or moneys, either principal or income, which may come inlO my said attorney's hands as such attorney or which I now or hm:after may have on deposit or be entitled to; 6. To institute. prosecute, defend, compromise, arbittate, llJnd dispose of legal, equitable or administtative hearings, actions, suits, attachments, arrests, distresses or other proceedings or otherwise engage in litigation in connection with the premises; 7. To act as my attorney or proxy in respect to any stocks, shares, bonds, or other investments, right or int~sts,1 may now or hereafter bold; 8. To engage and dismiss agents. counsel. and employees, and 10 appoint and remove at pleasure any substitute for, or agent of my said attorney, in respect DJ all or any of the matters or things herein mentioned and upon such tefms as my attorney shall think fit; 9. To execute vouchers in my behalf for any and all all~iWances and reimbursemen properly payable to me by the United States including but not n,stricted to allowances and z reimbursements for transportation of dependents or. for shipment of household. effects as I: authorized by law or armed forces regulations, and to receive, endorsel, and collect the proceeds of checks payable to the order of the undersigned drawn on the Treasurer of the United States; . 10. __ To. prepare, execute: ~d file income and other taX returns, and other government PLAINTIFF'S -4- reports, applications, requests, ana aocumentS; II. to take possession, and order the n:moval and shipmen't, of any of my property from any post, warehouse, depot, dock, or other place of SlOrage or safe keeping, governmental or private; and to execute and deliver any release, voucher, receipt, shipping ticket, certificate, or other instrument necessaI)' or convenient for such pmpose. , 12. I direct my attorney not sell any of my household goods or furnishing unless it shall be necessary in order 10 provide adequate funds to pay for my reasonable living and medical expenses. I direct that my attorney shall retain all such household ;goods and furnishings as my attorney believes I may currently need or need in the future. In the: event my attorney deems it FROM : M FAX NO. 2435312 Mar. 29 2004 01:24PM P2 necessary to dispose of any household goods or furnishings not needed 10 be sold to raise money for my care and not d~ t? be needed by me currently or in the future. then I direct that all such household goods and 1'mnishings be given to the person or persons to whom I have provided that they pass either specifically or as part of the residue of my estate in my most recently executed Last Will and Tes1llment and that none be sold. 13. To do or perform those powers enumerated and autJ10riud by Pennsylvania Statute pursuant to the Probate, Estates and Fiduciaries Code (20 Pa.C.S.A. ~ 5601 et seq.), including: a. To make gifts or limited gifts; b. To create a trust for my benefit and 10 make additions to an existing trust for my benefit; c. To claim an elective share of the estate of my dec:eased spouse; d. To disclaim any interest In property; e. To renounce fiduciary positions; f. To withdraw and receive the income or OOIpUs of a trust; g. To authorize my admission 10 a medical, nursing, residential or similar facility and to enter into agreements for my care and 10 al~thorize medical and surgical procedures. GIVlNG AND GRANTING unto my said allOrney full power and authority to do and perform all and every act, deed, matter and thing whatsoever in andl about my estate, prv~'I)I, and affairs as fully and effectually 10 all intents and puq>oses as I aUghl: or could do in my own proper person if personally present, the above specially eDumeratl~d powers being in aid and exemplification of the full, complete, and genenl power herein gJranted and not in limitation or definition thereof; and hereby ratifying all that my said attorney shall lawfully do or cause to be done by virtue of these presents. AND I hereby dedare that any act or thing lawfully done bcreunder by said attorney shall be binding on myself, and my heirs. legal and personal representatives, and assigns whether the same shall have been done before or after my death, or other revoc:lltion of this inStrurtlent, unless and until rellable intelligence or notice thereof shall have been received by my said attorney. DURABLE POWER OF ATTORNEY: TInS POWER OF AlTORNEY SHALL -NO'r'BE AFFECTED BYMY'StJBSEQUENTDISA:BIUI'Y-Ga-INCAPAQ:l:Y,___.__.. .., If incompetency proceedings for my person or estate are in!.tituted, I hereby nominate my attorney-in-fact above named as guanlian of my p=n and estate. IN WITNESS WHEREOF, I have hereunlO set my hand and seal this ~ t" day of May, 1993_ WITNESS: ~~~t??~ l~e0J> - f!p~4t.fi,.'(SEAL) 'K8. . e Costopoulos Social Security No.: 193-36-4811 COMMONWEALTH OFPENNSYLV ANIA COUN1Y OF CUMBERLAND } ss n_ _i..<_ _L_ A ~ "". , .- vn tnlS me f.L Gay or May, l':fYj, IJetore me, tile UndersIgned officer, personally appeared Katherine Costopoulos, known 10 me to be the person whose name is subscribed 10 the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ -d_ (tEAL) NOTARIAl. Si'lL IlOBalT G. fllEY, IIOTAAY PlIBUC CARLISLE, CUt.l9E1llNiD couNTY. 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II'PClNI' r I t~W~i.ru: ,<,. ~>> ! ..: ~l J. 3o? i!30B 11: ~ ?DDD]I. J5 J.rf'~' KATHERINE COSTOPOULOS 408 " - 406 01113/04 1231160 275,00 http://10.15.1.108/dsi-binldsigtwy.dIVprint?20040113---1231160.htm Page I of2 02/17/04 .. 2/17/2004 , ' , VDA tash On-L's Check Tirtwn~ TEU1UiJ fit 035 iicti. 17M3SJ51 TIll 550i i~ i:S 1'5:00 ul/13l7\1il4 tl c~ 2:75.w t.eoul!l 275.00 http://l0.15.1.108/dsi-bin/dsigtwy,dll/print?20040113---1231160.htm ~ ~\b 't)U1 ~~ ~1::. :t-~ . " U), '~~ Page 2 of2 2/17/2004 Page 1 of2 o -I 02/17/04 Address: 1700036351 KATHERINE COSTOPOULOS 635 S HANOVER ST CARLISLEPA 17013-410417013410435 Account: Name: The image shown below represents an official copy of the original document as processed by our institution KATHERINE COSTOPOULOS tI35 II. HoIlHllVCR ST. PH. n1243 - CNlUIILE. PA 11013 ~1'7 401 .... .-, L1 _,", D&~-f:r" .j4 . (n r;-.~-J~::-_, -.-J $ 4(0'60" 1 .. I r ~ i" ;":~''''';'::'_,,-:..:.: .,--:_ ~) - .~ t:.~~."";"'''~ TnW !nt \.;":~. ~~. v. a.yP,gn ',<",'V".:t\ ~ - -~~ I: B U\' nB ?1:nooou.)51" 0..01 .. '. DOLLARS t!l ~- --- ~ - 407 01/15/04 5870140 400.00 http://l0.15.1.108/dsi-binldsigtwy.dll/print?20040115---5870140.htm 2/17/2004 . ' . Page 2 of2 DDA Cash On-US Check TlrDDOnUsCk Tal1063 SR. 055 flCCT' 17000363S1 llLL 5SO.1 TRI 21 10:4& OV15I2004 CI CO 400.00 IlIIoont 400.00 ~ ~~ ~~ ~ 9..J ; ""-.\}J ~ r-J ~ ~ ~ . -t. ~ "-0, . . j http://l0.15.1.108/dsi-binldsigtwy.dll/print?20040115---5870140,htm 2/17/2004 Page lof2 L l I I I ___I 02/17/04 o I 1 I Address: 1700036351 KATHERINECOSTOPOULOS 635 S HANOVER ST CARLISLE PA 17013-4104 17013410435 Account: Name: The image shown below represents an official copy of the original document as processed by our institution !!::!!:l!w 21'3 D<<IE{~ ,t/'ill --=- (~j,tt4!/.IJJ:I~ $ 857- ~ /k-LLbll nJNJJj:: _'~~ 0 . ~LLARS 6l e= t'l~ ",::~~~_ I:BU?BB?I:UOODU,l:l5~" 01008 . ICAntERlNE COSTOPOlRDS 1535 s. __R ST. PH. 717- 243-33lII CMUSLE. PA 17013 408 - - ... 408 01/16/04 1020820 337.00 http://10.15.1,108/dsi-binldsigtwy.dlVprint?20040116---1020820,htm 2/17/2004 , , Page 2 of2 OOA Cash 0ll-lJs Check TlrOCiO!lUsCl m'0431 BRa 013 ACCT' 17OOO3G3S1 Tll ~7 TRI 71 10:22 OV1612OO4 Cl co m.oo Ilaount 337.00 r- -. ..~~ .~ - ("\. l';<-' '"(:)~---';'\ 'Li , , I "'" '. I -- -. \ r-~~ ~ ,"," <.l\~\ ,\f ~~~ . ~,\, ::.~\ , "^ \. ; ~ -- http://l0.15.1.108/dsi-binldsigtwy.dlllprint?20040116---1020820.htm 2/17/2004 o l -~ Account: Name: 1700036351 KATHERINECOSTOPOULOS 635 S HANOVER ST CARLISLEPA 17013-410417013410435 Address: Page 10f2 02/17/04 The image shown below represents an official copy of the original document as processed by our institution KATHERINE COSTOPOULOS .....-17. 40 9 _ s. tMNOVl;A ST. PH.717_ a'I.1 _) . CMLISLE. PA 17013 ...:""'-7 -/~ -~'f' ::a.TO~ _dtnsivJ.Jtu 4'H/w'.n~tJ.<1. l 7fne~~~~ l"n\Il&IIPV'I:nt ~:'::-':~1 . .'A.d!. _~ JJ _ V. ..~t';':u '~::"~!!JI/t2A"~"J_(:~~ ..I...... C~~&~1~~B?~&?DDa~&~5l~ O~Dq 409 01/20/04 4340280 350.00 http://10.15.1.108/dsi-binldsigtwy.dll/print?20040120---4340280.htm ". Si:? ~..;.-___ -- A"S .. _.._ ~ 2/17/2004 Page 2 of2 OOA Cash On-Ys Check Tl rOOOnUsCt mlOlll SRI 019 ACClIl7000J63S1 TIll. 1'301 m 53 11:24 0112012004 C1 CO 350.00 AaIoont 350.00 ; -, . ~~i ~~~ tAl 10- ~t! , y~, ~ g V).., -" . 0' .... - . I r ! http://l0.15.1.l08/dsi-binldsigtwy.dll/print?20040120---4340280,htm 2/17/2004 Page 1 of2 .0 02/17/04 Address: 1700036351 KATHERINE COSTOPOULOS 635 S HANOVER ST CARLISLE PA 17013-4104 17013410435 Account: Name: The image shown below represents an official copy of the original document as processed by our institution - .mali' 2113 ,-', CARU8I..E, PA 11Dt3 I. . r . ~ DATr.~'" ~ .-~ "'7 :;:;e (1rnslM1/~ (~J;;;:;Jii:i'P~_-1 S~:>()b i ~rdhIJV?~,,~;~'Ij;.i6~~;;~_DOLUR. ti) e= ,': 'tI lM\WOINT ,"n'A~.. · t 'i' - ''''.:17 . - ....: - v. ..~Ra=!lK '-~--::~dizM;t.e.C~~ ~~111?~3a?~~?DDO)&~5~~ D~~O KATlUINE COSTOPOULOS _ B. Ho\NOYER ST. PH. 717 ~3 _ 410 ~ - 410 01/20/04 6120740 365.00 http://10,15.1,108/dsi-binldsigtwy.d1Vprint?20040120---6120740.htm 2/17/2004 , ' . , DDA Cash On-Us Check T1rDDOnUsO TatOlll BRJ 019 ACCT' 1700036JS1 Tltl. 1901 TRt 91 11:00 01120/2004 CI CO 365.00 AItoont 365.00 http://l0.15.l.l08/dsi-binldsigtwy.dlllprint?20040120---6120740.htm '- ~ ~ Of' r~ \,l ~ ~< ~-o -;;;-vl 8..... ~ Page 2 of2 - I .! - 2/17/2004 Page lof2 10 02/17/04 Address: 1700036351 KATHERINE COSTOPOULOS 635 S HANOVER ST CARLISLEPA 17013-410417013410435 Account: Name: The image shown below represents an official copy of the original documenlt as processed by our institution KATHERINE COSTOPOULOS 635 S, HANOVER ST. PH, 717-l!~~ CARLISLE, PA nOl3 8lI-121811' 411 ",13 11_' .J DArE I.. LO 'u'! I' L. J' ~~ 11 .-,. ~:':09~E l f'rS/"'^f'N ~ rp..a:........t.rk> ---.J $~/o.~ ':ft, A /J .1 ;'lLu1IiA1,( J." ,,'Ltr5.k-- n -- .........L-<.,.Jr ~ (, ]1'W~~_~ ~.. _._-----=~DOLLARS l!J ~...-. WAYPOINT FoalS 50 I.~;. . J~~ ":;'i!~I.~?B8?la?OOO:U;'351.1~--o~__L_- -- r ---- - VIWay~qi!1J: _.5'_ 411 01/22/04 340180 310.00 http://l0.15.1.108/dsi-bin/dsigtwy.dlllprint?20040122----340 l80.htm 2/17/2004 Page 2 of2 ~ ~ \)0 !-) ~ -i) \11 JI 0- r> \a - Do '" ~ ODA. Cash on-Us Cheel TlrOOOnU5Ck TELI0764 BRI 017 ACCTI 170003&351 TIll 1703 lRI 22 08:17 OV22/2004 e1 CO 310.00 ' AIIoo.nt 3J,0.00 http://l0,15.l,108/dsi-binldsigtwy.dll/print?20040122----340180,htm 2/17/2004 . . Page 1 of2 10 L_ 02/17/04 Address: 1700036351 KATHERINECOSTOPOULOS 635 S HANOVER ST CARLISLEPA 17013-410417013410435 Account: Name: The image shown below represents an official copy of the original document as processed by our institution KATHERINE COSTOPOULOS _8.~ST. PH.~ CMIJBI..E" PA 17013 ~7 412 ~.'-;'?!2-dI j I rn\A&._fnt V. ".~~Nt( - - 412 01/23/04 5200260 185.00 http://10.15.1.1 08/dsi-binldsigtwy,dll/print?20040 123---5200260.h1:m 2/17/2004 , . . OOA Cash OrrUs O!eck TI rDDOnUsct lEI..tOll1 BRa 019 ACCTt 1700036351 TILL l901 TRI 2 15:24 OV23I2004 C1 CO 1.85.00 AMount 185.00 http://10.15.1.l08/dsi-binldsigtwy.dlllprint?20040l23---5200260,htm Page 2 of2 ~ ~ O~ ~r -}) \)J ~rJ -oq ~-c: -..0 .~~. )r- . , I 2/17/2004 Page 1 of2 .0 I 02/17/04 Account: Name: 1700036351 KATHERINE COSTOPOULOS 635 S HANOVER ST CARLISLE PA 17013-4104 17013410435 Address: The image shown below represents an official copy of the original document as processed by our institution , m-m1117 l!Illa 1."-- , , DA~.LL2.' '2! oLj ~:::. c.\~ol-,;.., 0 ~~~1~{'~ -1 $ J.R7. 0 a I "7Jrep h..-nctrel( -eUhifJ.":o;..'ilf. ~ 1I0LLARS t3 S?_'::" . ~~~~ ~. W~ "::w~~ 'C~l~l?i3B?Ci100D3bl5~~ O~i3 \..... KATHERINE COSTOPOU1.OS .. s. _ ST. PH. 711' l!O"-..... CARLISI..E, PA 11Ul3 413 - --- 413 01/26/04 3800410 380.00 http://l0.15.1.l08/dsi-binldsigtwy.dlllprint?20040126---3800410.htm 2/17/2004 Page 2 of2 COIl Cash On0.U9 Check TI rDDOnUsO: TEU01ll BRa 019 ACCT. 1700036351 TIll 1901 YR. S6 17:04 0112612004 eI CO 380.00 fDount 380.00 ~~_' O~~ rJO\\. ,- r~; - ~ { ^?JJ ~'\ ~ 'V>' ~~ ~~M ~\"\ g (;1\\\. .....~t. 'J - . ~ .: ~. http://lO.15.1.l08/dsi-binldsigtwy.dll/print?20040126---3800410.htm 2/17/2004 10 ~ Account: Name: Address: ~ 1700036351 KATHERINE COSTOPOULOS 635 S HANOVER ST CARLISLE PA 17013-4104 17013410435 The image shown below represents an official copy of the original document as processed by OUf institution KATHERINE COSTOPOULOS ....~7 ll35 s. HANOVER ST. PH. 717._-3398 ~, CARUSLE, PA 17013 if lit} st::" /-~.rl..f;-Uf- t~[} .. .. . ~r;ob ~' . ~ w ~ tJ-t). ,J OltARS l!l "''''- (7. . '-E. I). ,II nl;J'-Lrl-i--t(:") ={ WWayp,.qipJ IEIIO _~_ I: i!;) B 7 2:18 71: I. 'i'OOO ));,315 I.' 416 01/27/04 151120 365.00 416 - http://10.l5.1.108/dsi-binldsigtwy.dIllprint?20040127----151120.htm Page 1 of2 02/17/04 2/17/2004 DDIl Cash On-Us Check , . T I rDDOnUsCk TEl.11063 2RI 055 ACCT. 1700036351 TIll. 5501 TRI 21 16:17 01127/2004 C1 CO 365.00 AMount 365.00 http://10.15.1.108/dsi-binldsigtwy.dIVprint?20040127----151120.htm ~ ~% ~Ul ~N ~~ ~~ ~ Page 2 of2 ~. -.J 2/17/2004 -r-; .".< -<' '" t:_~J C:J ~- :1'': o " -1 ~rl1 111.-. ,-. ~n;g --" -;21 ,~; {') ----;;11 -1 ] -< --( f"0 ~, o ~ " (JfL/C9-IN,<) L JAMES C. COSTOPOULOS, ATTORNEY -IN FACT FOR KATHERINE COSTOPOULOS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. W A YPOINT BANK AND W A YPOINT FINANCIAL CORPORATION, Defendants and JAMES C. COSTOPOULOS Additional Defendant : and CONSTANTINE COSTOPOULOS, : Additional Defendant : No. 04-1736 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17011 Phone: (717) 249-3166 JAMES C. COSTOPOULOS, ATTORNEY-IN FACT FOR KATHERINE COSTOPOULOS, Plaintiffs VI. W A YPOINT BANK AND W A YPOINT FINANCIAL CORPORATION, Defendants and JAMES C. COSTOPOULOS Additional Defendant : and CONSTANTINE COSTOPOULOS, : Additional Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1736 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT OF DEFENDANT W A YPOINT BANK AND W A YPOINT FINANCIAL CORP. AGAINST ADDITIONAL DEFENDANT CONSTANTINE COSTOPOULOS. 1. Additional Defendant Constantine Costopoulos is an adult individual who is believed to be a resident of Cumberland County, Pennsylvania and may reside at 63 F Street, Carlisle, Pennsylvania. 2. Plaintiffs instituted this action against, inter alia, defendant Waypoint Bank alleging losses as the result of Waypoint honoring certain checks on the account of Katherine Costopoulos alleged to have been stolen and the maker's signature forged by additional Defendant Constantine Costopoulos. 3. That Defendant Waypoint denies liability to Plaintilff's on the forged instruments. 4. That on information and belief and upon the affidavit of Plaintiff James C. Costopoulos the following checks on account number 1700036331 owned by Plaintiff Katherine Costopoulos, were stolen by additional Defendant Constantine Costopoulos and 2 payor's signature was forged by Additional Defendant Constantine Costopouls and negotiated by him on the dates indicated for the amounts indicated on Defendant's Exhibit C attached hereto and incorporated herein reference. 5. That Plaintiffs have made demand upon Defendants for some or all of the losses to Plaintiff Katherine Costopoulos to replace the funds stolen by Additional Defendant Constantine Costopoulos as the result of his negotiating the, forged instruments identified in Paragraph 4 above. 6. That if it is determined that Defendant Waypoint Bank or Waypoint financial Corp. has any liability to Plaintiffs as the result of having accepted, cashed or paid any of the forged instruments, then it is averred that Additional Defendant Constantine Costopoulos is responsible in that he stole, forged and benefited from said thefts and forgeries in the amount of $9,282.00 and as a result thereof is solely liable to Plaintiffs or is jointly or severally liable with Defendants or is liable over to Defendants for indemnifi.cation and / or contribution, any and all liability of Defendants Waypoint being expressly deni,~d. WHERFORE Defendants, Waypoint Bank and Waypoint financial Corp. demand: I. Judgement in their favor, together with costs; 2. Judgement that, if there is any liability to Plaintiffs, additional Defendant Constantine Costoupolos is solely liable thereto; 3. In the event that a verdict is recovered by Plaintiff against Defendants that Defendants may have judgement over and against Additional Defendant Constantine Costoupolos by way of indemnification, and/or contribution for the amount recovered by Plaintiff against Defendants, together with costs. 3 DEFENDANTS EXHIHIT C Jun-09-2004 10:27am From-WAYPOINT SECURITY + T-m P 002/003 F-014 - n - - - ~ - - r- n r- r" 1- -i n ~ ~ n r I ~ I il I "f Co ..., !- --' I- - -' I- - - - - - -- --' i-'- I- -'-" --- - 1.0.. '-' III ... t: Q) "C .0 t: - "C ::l E u.. .:.:: u Q) .s:::. C,) ... t: l:l) :E In In o ....J - U Q) en .. ~ ~ '" ~ = .. :0 .:: Q .., ~ .. ,. ~ . .:: u .. ... E !! i= '" ~ ~ .. o .. Q c: ,2 e Q .... .., ~ o ... - <( Q.. oj ~ Ii; tl .,; '" E .S! 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I 1-", 1-", 1-", 1-", ,...", "'0 "'0 wo !!;!3 Wo z.... ~s z'" z~ >='" >='" -'" -'" zo ~o zo j;;o j;;o i5~ <0.. <0.. <0.. <0.. t;~ !nO 1-0 1-0 ~t; z!ii "'I- "'I- Z'" Z'" z", 88 88 00 00 00 uu u" uu '" '" g '" '" '" '" '" '" 0 0 ~ g ,,; '" - '" '" M ;;; 0'> '" .. .. '" .. c; ~ E r., ~ '" - .,. .,. .,. .,. .,. v '- 1,.- ~ 1: N N "' ,;; ;.; <i:i - - - ~ ~ ~ 1-:;;: ~ ~ '" '" s: <; " M ;a ;:: ~ S ~ ~ !:! - ~ - ~ ~ - ... '" "" <:: ob .... ~ ..2 ;; " o '" "" " I: .. z ~ .!! 0; I- .. .. '" .. ll.. '" " " .. ::I "' 0 " ~ .. '" " " "" u " ""0 E ~ i= " " " oS 0 .. c ~ .... '" <:> '" ~ '" ~ ;; "l - '0 s:. ,"' 0:: 4 W A YFOINr BANK ~~ By: " Richard C. Ruben, Esq. ID #27767 Attorn,~y for Defendants Waypoint Bank and Waypoint Financial Corp. P.O. Box 1711 Harrisburg, PA 17105-l7Il (717) 909-2253 Fax: (717) 231-2950 VERIFICATION I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I further verify that I am the Senior Executive Vice Presid,ent of Waypoint Bank and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. W A YPOINT BANK Date: ~/qh J I ( By: ~4:/- (' ~ , Andrew S. Samuel 5 IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSL YV ANIA CIVIL ACTION - LAW JAMES C. COSTOPOULOS, ATTORNEY-IN FACT FOR PENNSYL VANIA KATHERINE COSTOPOULOS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, v. W A YPOINT BANK AND W A YPOINT FINANCIAL CORPORATION, Defendants and JAMES C. COSTOPOULOS Additional Defendant : and CONSTANTINE COSTOPOULOS, : Additional Defendant : No. 04-1736 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVI.Q; To the Prothonotary: ~~ Richard C. Ruben, Esquire I.D. Number 27767 Attorney for Defendant Waypoint Bank 235 North Second Street Harrisburg, Pennsylvania 17105 Ph: (717) 909-2253 F: (717) 231-2950 I, Richard C. Ruben, hereby certify that I served a true and correct copy of the attached Answer, New Matter and Counterclaim and Third Party Complaint Tom Costopoulos of Entry Of Appearance in Counsel on Plaintiiffs William Costopoulos by United States Mail, postage pre-paid on June 10, 2004 to: William Costopoulos, Esquire Costopoulos, Foster & Fields 831 Market Street I POBox 222 Lemo)me, Pennsylvania 17043 June 2, 2004 -....,.'. ':c,r:; D- ~~C_i :~i ~;~:'~ -;:.J' (') f;; =<' ..... = = ..,. (- So; ...'- o "Tl :t:;!l ~Fn :.oQ (~6 --1'-+',..-. -"':-n S:c'5 ()ff1 ;~ :.0 -< ~ <..:> c.n en 04,~/rlP.C JAMES C. COSTOPOULOS, ATTORNEY-IN-FACT FOR, PENNSYLVANIA KATHERINE COSTOPOULOS, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : No. 04-1736 Civil Term v. : CIVIL ACTION - LAW W A YPOINT BANK AND W A YPOINT FINANCIAL CORPORATION, Defendants : mRY TRIAL DEMANDED and JAMES C. COSTOPOULOS Additional Defendant : and CONSTANTINE COSTOPOULOS Additional Defendant : NOTICE TO PLEAD To: Katherine Costopoulos and James C. Costopoulos You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from servic:e hereof or a judgment may be entered against you. W A YPOINT BANK BY:~/ Richard C. Ruben, Esq. ID #27767 Attorney for Defendants Waypoint Bank and Waypoint Financial Corp. P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 909-2253 Fax.: (717) 231-2950 -- Benjamin F. Riggs, Jr., Esq. ID #72030 Attorney for Defendants Waypoint Bank and Waypoint Financial Corp. P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 Fax.: (717) 845-4132 JAMES C. COSTOPOULOS, ATTORNEY-IN-FACT FOR, KATHERINE COSTOPOULOS, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-1736 Civil Term v. CIVIL ACTION - LAW W A YPOINT BANK AND W A YPOINT FINANCIAL CORPORATION, Defendants JURY TRIAL DEMANDED and JAMES C. COSTOPOULOS Additional Defendant : and CONSTANTINE COSTOPOULOS Additional Defendant : ANSWER AND NEW MATTER AND COUNTERCLAIM AND NOW COMES Waypoint Bank and Waypoint Financial Corp. by and through its Counsel Richard C. Ruben and Benjamin F. Riggs, Jr. and state the following in support of their responses to Plaintiffs' Complaint: ANSWER 1. Admitted in part and denied in part. It is admitted that James C. Costopou1os is attorney-in-fact for the named individual. It is denied that James C. Costopoulos individually is a real party in interest or is properly a plaintiff in this matter. 2. Denied in part. It is denied that Waypoint Bank is a financial institution authorized by the laws of the Commonwealth of Pennsylvania to do business. 3. Denied in part. It is denied that the Waypoint Financial is correctly identified in that its correct legal identity is Waypoint Financial Corp. 2 4. Admitted in part and denied in part. It is admitted! that Katherine Costopoulos is and was a customer of Waypoint Bank and its predecl:ssors and that she is known at the Waypoint Bank High Street Carlisle Branch. It is denied that Katherine Costopoulos is or was ever a customer of or had any business relationship with Waypoint Financial Corp. It is further denied that Katherine Costopoulos was a customer of or was known at any of the other two Waypoint Bank Carlisle branches (where all but one of her checks were cashed). It is further denied that Katherine Costopoulos is a party properly identified or plead in the Complaint as a plaintiff. 5. Denied. Waypoint Financial Corp. had no agreement of any kind with Katherine Costopoulos. Waypoint Bank's obligations are to Katherine Costopoulos are as set out in the account agreements between Waypoint Bank and Katherine Costopoulos. 6. Admitted in part and denied in part. It is denil:d that Katherine Costopoulos is a properly plead plaintiff and it is further denied that she was known to personnel at any branch other than High Street or that Waypoint Financial Corp. owns or operates or staffs any branch bank. 7. Denied. Waypoint Bank and Waypoint Financial Corp. are without sufficient knowledge, information or belief to admit or deny the allegations of Paragraph 7 and they are therefore denied. 8. Denied. Waypoint Bank and Waypoint Financial Corp. is without sufficient knowledge, information or belief to admit or deny the allegations of Paragraph 8 and they are therefore denied as stated. However in further denial it is stated that Katherine Costopoulos by her attorney-in-fact Janles C. Costopoulos filed, under oath two forgery affidavits stating that checks number 351, dated 5/25/03 in the amount of $200 and number 356, dated 6/26/03 in the amount of $450 and negotiated on 6/23/03 were forged items made payable to Constantim: T. Costopoulos and alleging said Constantine T. Costopoulos was suspected of forging the said instruments. A true and correct copy of the said foregoing affidavits are attached hereto and incorporated herein as Defendant's Exhibit A. 9. Denied. Waypoint Bank is without sufficient kllowledge, information or belief to admit or deny the allegations of Paragraph 9 and they are therefore denied. 10. Denied. It is stated in denial that only one chl:ck was cashed at the High Street, Carlisle office of Way point Bank on January 22, 2004. 11. Denied, As stated in the response to Paragraph 10 only one check was cashed in Katherine Costopoulos' local branch on High Street, Carlisle. It is further stated in denial that during the period alleged on only one occasion were two checks cashed by Constantine T. Costopoulos at the same branch on the same day and by the same tellers. 3 12. Denied. It is re-iterated in denial that only one of the indicated allegedly forged instruments was cashed at the Waypoint Bank High Street branch office. 13. Admitted. 14. Denied in part. It is denied that Waypoint Financial Corp. paid any checks. 15. Denied in part. It is denied that the allegedly forged checks were paid over a period of one (1) month and it is further denied that Waypoint Financial Corp. paid any checks, or that either defendant is in possession of any original checks. 16. Denied in part. It is denied that Waypoint Financial Corp. paid any checks or was notified of anything. COUNT I 17. No answerrequired. 18. Denied. It is denied that Waypoint Financial COlrp. is a bank or that it is engaged in any retail banking activity or makes any agreement with checking customers. It is denied that Waypoint Bank warrants that it won't pay forged checks or that customers' accounts won't be charged for forged checks as is more fully set forth in New Matter and Waypoint's Counterclaim. 19. Denied. It is denied that Waypoint Bank brl~ached any warranty to Katherine Costopoulos as is more fully set forth in New Matter and Waypoint Bank's Counterclaim. Waypoint Financial Corp. had no contractual or other obligation to Plaintiffs. 20. Denied. It is denied that Plaintiff Katherine Costopoulos suffered the claimed loss as the result of any action by Waypoint Bank or Waypoint Financial Corp. but rather any loss was due to the negligence and inactions of Plaintiffs as is more fully set forth in New Matter and Waypoint Bank's Counterclaim. 21. Denied. It is denied that James C. Costopoulos made any claim or demand upon Waypoint Financial Corp. or that any of the checks identified by Plaintiffs in Paragraph 15 were improperly paid or charged to Katherine Costopoulos' account as is and more fully set forth in Waypoint Bank's N(:w Matter and Counterclaim. WHEREFORE Waypoint Bank and Waypoint Financial Corp. demand that Plaintiffs Complaint be dismissed. COUNT II 4 22. No answer required. 23. Denied. It is denied that Waypoint Financial Corp. owes Plaintiffs any duties regarding her checking account. It is denied that Waypoint Bank owed Katherine Costopoulos the duty claimed or any duty except as embodied in the contract between the parties and Plaintiff Katherine Costopoulos's Count II is barred as sounding in contract, not tort. 24. Denied. It is denied that Waypoint Financial Corp. owed Katherine Costopoulos any duty or breached any duty. It is denied that Waypoint Bank owed Plaintiff any duty not embodied in the terms of the account agreemlmt and Waypoint Bank specifically, individually and collectively denies each and every allegation of Parts a) through f) Paragraph 24. Specifically denied as outrageous, unsupportable, inflammatory and unsubstantiable and made in bad faith are the allegations of bad faith and conscious and deliberate actions by Waypoint Bank and Waypoint Financial Corp. to harm Katherine Costopoulos. Allegations respecting the frequency or location of Constantine Costopoulos visits to Waypoint Bank branches have been previously denied. 25. Denied. Neither Waypoint Bank nor Waypoint Financial Corp. breached any duty to Katherine Costopoulos and it is denied that any loss was suffered by Plaintiffs as the result of Waypoint actions but rather was the result of the failure of Plaintiffs individually and collectively to fulfill their duties and obligations which failure was the cause of the loss enumerated as is more fully set forth in Waypoint Bank's New Matter and Counterclaim. 26, Admitted in part and denied in part. It is denied that any demand or response was made to or received from Waypoint Financial Corp. It is denied that the enumerated checks were improperly paid by Waypoint Bank or that Waypoint Bank is liable to Plaintiffs as the result of paying said checks. WHEREFORE Waypoint Bank and Waypoint FimUlcial Corp. demand that Plaintiffs' Complaint be dismissed. COUNT III 27. No answer required. 28. Denied. Waypoint Financial Corp. is not a bank and has no agreement with Katherine Costopoulos. It is stated in denial that the account relationship between Waypoint Bank and Katherine Costopoulos is governed by the Uniform Commercial Code, Account Rules and State and Federal law to which reference is made as to the rights and responsibilities of the parties and as is more fully set forth in Waypoint Bank's New Matter and Counterclaim. 5 29. Denied. It is denied that Waypoint Bank or Waypoint Financial Corp. breached any agreement with Plaintiffs or is liable to them for the checks identified in Plaintiffs' Complaint. 30. Denied. No warranty was involved and no warranty was breached and no recoverable loss was suffered by Plaintiffs or caused by defendants. 31. Denied. It is denied that any demand was made upon Waypoint Financial Corp. It is denied that the amounts enumerated were improperly charged to Katherine Costopoulos' account. WHEREFORE Defendants demand that Plaintiffs' Complaint be dismissed. NEW MATTER (as to Plaintiffs Katherine CostoDoulos and James C. CostoDoulos) 32. The statements and allegations set forth in Defendants' Answer in Paragraphs 1 to 31 are incorporated herein by reference. 33. That Waypoint Financial Corp. is a federally regulated unitary thrift holding company and is neither authorized nor does engage in any retail banking activities or take or hold customers deposits. 34. That Plaintiffs as the owners and/or agents of owners of a checking account with Waypoint Bank are governed by the account ruh:s as promulgated from true to time by Waypoint Bank a copy of the pertinent provisions of which are attached as Defendants' Exhibit B and incorporated herein. They are charged with safeguarding checks, notifying Waypoint Bank promptly of lost or stolen checks, promptly reviewing account statements for unauthorized or questionable activity and promptly reporting to Waypoint Bank forged or altered instruments. 35. That Plaintiffs individually and or collectively foilled to report two allegedly forged instruments negotiated in June of 2003 until February of 2004 during which time an additional $8,307 in allegedly forged checks were negotiated by the same individual on the same account. See Defendants Exhibit A. 36. That Plaintiffs' unreasonable delay in reporting the June checks as forgeries enabled the subsequent alleged forgeries to happen, directly caused the losses complained of and prevented Waypoint Bank from preventing 01' limiting Plaintiffs' loss. 37. That the failure of Plaintiffs to safeguard the checks and report their theft or loss directly enabled the alleged thief and forger to continue to cause losses to Plaintiffs. 6 38. That but for the unreasonable and negligent failure of Plaintiffs to meet their reasonable performance obligations to Waypoint Bank the $8,307 December through January losses would not have occurred. WHEREFORE Defendants Waypoint Bank and Waypoint Financial Corp. demand the Plaintiffs' Complaint be dismissed. NEW MATTER (Third Party Defendant James C. CostoDoulos) 39. The allegations of Paragraphs I through 38 are in<:orporated herein by reference. 40. That it is believed and therefore averred that Janles C. Costopoulos during all times relevant to this matter assumed the management and monitoring of the affairs of his principal Katherine Costopoulos in his capacity as attorney in fact under a Power of Attorney granted to him in 1993 which document is attached to and incorporated as Exhibit A to Plaintiffs' Complaint. 41. That said James C. Costopoulos in his capacity as attorney in fact and agent for Katherine Costopoulos negligently and intentionally failed or refused to fulfill his fiduciary obligations and duties by failing, inter alia, to safeguard and monitor the security of her checks and records; monitor, review and reconcile monthly account statements; report unauthorized use and activity on her account; and take such action necessary to prevent a close family member from defrauding his principal. 42. That furthermore, it is believed and therefore averred that James C. Costopoulos was aware of the criminal propensities of Constantim: Costopoulos and negligently failed to take appropriate action to safeguard and protect and monitor the physical and financial security of his principal's belongings and accounts to prevent or discover the theft and fraud. 43. That due to his breach of fiduciary duty to Katherine Costopoulos, James C. Costopoulos directly caused or allowed to continue the fraudulent course of conduct of Constantine Costopoulos resulting in losses exceeding $9, 280 and preventing Waypoint from limiting the losses due to the allegedly forged instruments. 44. That as the result of the action and inaction of James C. Costopoulos, he is solely and directly liable to Katherine Costopoulos for the losses incurred or in the alternative liable over or jointly and severely liable with Waypoint Bank for any losses for which Waypoint Bank may be held liable to Katherine Costopoulos. WHEREFORE, Waypoint Bank demands judgement be entered against James C. 7 Costopoulos as solely liable to Katherine Costopoulos or in the alternative liable over to Waypoint Bank or jointly and severally liable for the losses alleged. Respectfillly submitted, By: ) Richard C. Ruben, Esq. ID #27767 Attorney for Defendants Waypoint Bank and Waypoint Financial Corp. P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 909-2253 Fax.: (717) 231-2950 and Benjamin F. Riggs, 11., Esq. ID #72030 Attorney for Defendants Waypoint Bank and Waypoint Financial Corp. P.O. Box 1711 Harrisburg,PA 17105-1711 (717) 815-4518 Fax.: (717) 845-4132 8 VERIFICATION I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I further verify that I am the Senior Executive Vice President of Waypoint Bank and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. W A YPOINT BANK Date: t(t/oJ I . By: ~-J-D <' Andrew S. Samuel 9 DEFENDANTS EXHIHIT A May-Z5-ZCC4 C4:46pm from-WAYPOINT SECURITY + T-433 P,CCZ/CC9 f-9ZZ FORGERY FACT SHEET Time of Report: /7 L I' " In.. ~ litl-S /!J:1t Forged Item: :15/ Amount: :J ()IJ. Of? Date of Report J.. 'I:L' ilL{ Branch # Employee Video DatefTime: Customer 1. compl~ie Forgery AtndaYitIFact Sheet for each item pull pOD topics of checks 2. CLOS:!!: A.CCOUNT Names:---11 M~ a. 5'--n../.Io-.l'-=)- . Account # (5): I 7 00-0 .3 r: ~ -s-( Address: c...3 J - S' _ dc!l- lJ< ~ Telephone#: (W) 9-~~-S~t'-l. (q~"'" :3c. 2..lco 10'1 Social security #: l-J' 4. FAX COPIES TO SEClllU'l'Y 909-2773 (Hl_ SEND O]lUGINAL PAPERWORK TO SEClJlUTY -4.I'I~ 3. Make e,opies of AffidavitlFact Sheet for customer, direct thelD to tl>e poliee departJDent with the copies Aware or Forgery on: Do any of the Following Apply? _ Lost purse/wallet k~~ry hoflt..Jcar/officEl Other - Was the item checked above reported to the authorities? No ......-y;;- to whom? - . Do you know who forged this document? _~ - No lfYes. what is that persons name: (01-:> ~'i"1I.\ . ,"if A/'';:;-- ~ - (b \' 7<:.J,.o "'<..IL...) Do you have a suspicion of who may have forged this document? ...::.:5;;-' - No If yes, what is that persons name: (t)---Jt)JIvcn ~ -r /Q., ~7""'-'JPcJJls:,- Do you have any other information that may be helpful in determining who forged this document? ~. No If Yes. Explain: J.rc 'P d ~- IV . ~ C> /? AU.-I/.l 1M" -rli.J-, INCLUDE ANY ADDITIONAL INFORMATION WHICH MAY BE HELPFUL ON THE BACK OF THI: FO~. ~ ~a.Y )<f1?v'-~'.A/ IC' TrJ lJ f"A/7-J' L r V r;.-~ ~ G '3 - ~. :yrr(,11=e::r - ():JA L r) Lf=' fQ, .\"?VI'" 0.... L ::r J'- ~.y-25-2004 04:45pm From-WAYPOINT SECURITY + Forgery Affidavit T-4!3 P003/00e F-e22 commonwealth of Pennsylvania , SS. County of C'l'\)\x Personally appeared before me, ~".,. Lt:; CO ~t ItJ ~~]L who being duly sworn aooording to law, deposes and say that (he/she) has ex.amined the check 'or other document attached hereto and that the purported signature in (nis/her) name is not (his/her) handwriting and was not made by (him/her) and was not done with (nislher) consent or approval, and are forgeries. OR Tnat (he/she) examined the oheok or other document attached hereto and herewith deposes and say that the dollar amount W2S altered and that this alteration of amoum was not done by (himlher) and was altered without (his/her) consenl of approval and is an alteration or forgery. The deponent further declares that (he/she) did not directly not indirectly receive any of the prooeeds, not does (he/she: have any knOWledge of the person who signed [his/her) signature; and ENDORSER hi' repartee! this forgery and has given all information conoerning it to the following law ernorcemen ,1l_1;~/~- ~;:~~ _/AJ)I;~t~tg/ AS _5'-=-24' -0:3 r I'd'! 4, t; ., -h ~ 1'"_ (' .A) ~ t, b 0 Ill/? -S , . ,ROQ .(JQ C--/') VI S +-0 : h VI t': , Tnal (he/she) authorities: MAKER DRAWN ON DATE AMOUNT (l ,n.,", 1~ JI1 () j~:. S , PAYEE k/i fk2J....,'...~.'.:.. ~A lA/l --e customer SignatlJre: sworn to and Subscribed bef e me this 13tJ\ day of f1 ,~(year) .-....... ~ ~ A1SJ }ym>> J-- Nol2ria\S$;l l)eniS8 Beechor, Nc!ZrJ Pclll~ My commission expires on ,.. ,...' -- f'"'" ....... "'..... r-"" My Cof11/r.iS>~ Er.pirES oc-. 2'3, :;:&-..0 M_,l'e1>no~n;o As=,",,,~OI NoGrieS REIMBURSEMENT WILL DEPEND ON INVESTIGATION RESULTS l ..,"'~.,: - -:" .'. . ~-~,.~,. ...,::-:=;-/:::;' \ :~.~....:- ~"'.... -. ".; t~~{ >..::-. ..~~~.~~/ ..... - -,' -.: ..<.~~~~--:-~:,~ " -.... ..... May-25-2004 04:47pm From-WAYPOINT SECURITY t T-433 P,004/009 F-922 .lag'"".l VL ~ o 02112/04 Address: 1700036351 KATHERINE COSTOPOULOS 635 S HANOVER ST CARLISLE PA 17013-4104 17013410435 Account: Name: The image shown below represents an official copy of the original document as processed by our instirulion lD-1ZlIl17 Z113 _>151~ .......$.-2:r- .~). . ==:std.l'.6~u!I.bG t'~~:Tf'~" I $1I1JJI) i ..,. h ~ /~ .-, ,- . J IlAn f"4,II/EMJt..,, :-" ;: ":: ';:.0' . ~~-~~~~ -. .. .....~. WWay · t ~~41t F~liD" ~ ~=t',~ .,...t.';j!- .__ BAN<< ~~rtiif1- ?ta?O(]03r.3S~" 0151 KATHERINE CQSTOPOULOS &a5 s. twlD\'EII ST. t'H. 71~:z.3 CI\IlUSI.E.. PA '11I'lS 351 ........ DOLULlOS til e:= " ... :. - -....-.~ 351 06/23/03 4211430 200.00 http://10.l5.l.108/dsi-binldsigtwy.dlllprint?20030623---42ll430.htm 2/1212004 May-25-2004 04:47pm From-WAYPOINT SECURITY + .' '- http://I0,15.l.108/dsi-binldsigtWY.dlllprint?20030623---4211430.htm . .- - : '\ . --' . .' ..: ., . T-4l3 PODS/ODS F-S22 ra.!:;c.:.. U.1 ~ " " . ...~'.' '. " " , .' - .:.0 2/12/2004 ~ay-25-2004 04:41pm From-WAYPOINT SECURITY + T-4l; PODS/DOg F-922 Video DatefTirne: v /a:11 /;- ;;.);-1)3 'as FORGERY FACT SHEET 7J5'6 Lf5"~. L?& 'J. - a::.~ If. Forged Item: Branch # Amount: Employee Time of Report: Date of Report 17:/ '1 ~t-5"'''''' Customer 1. Complete Forgery AffidavitfFact Sheet for each itern pull POD l:opies of checles Names:---l(~ (S)'~/.100L.c::>), . Account # (s): /1 00-""...3G.j ....s-( Address: c.:3 ') - S. cIcA. JJw~ Telephone #: (W) ::z..~ S - S'-f( '-{ / '2~- :3C- 2..lc%'1 2. CLOSE ACCOVNT j-r ' 4. FAX COPIES TO SECl1l.UTI' 909-2773 (Hl_ SEI'ID O:F~GINAL pAPERWORK TO SECUlUTY ~ 4.1'Ii 3. Make copies of AffidavitlFaet Slleet for customer, direct mem to lbe police dep..rtmenl with the copies Social Security ..: Aware or Forgery on: Do any of the Following Apply? _ Lost purse/wallet ~ary home/car/office Other Was the item checked above reported to the authorities? No ~- to whom? ,- . Do you know wl10 forged this document? _~s No If Yes. what is that persons name: (0", ~.'1lI.\ . - 'T-r A/'=--' .-r-. . Do you have a suspicion of who may have forged this document? ....::..< ' If yes, what is that persons name: fOv)---)~ 11 ~ - r is '\' T"lJ.,o C'vL..,,-,) No (Q.. ~Tvl) cJ../'-=- Do you have any other information that may be helpful in determining who forged this document? ~- _ Yes No If Yes. Ex.plain: J.rr:= ~ ff f::: VI/" , 0-/ C' j? ~ VJ V1-1 ~ TfU-. INCLUDE ANY ADDITIONAL INFORMATION WHICH MAY BE HELPFUL ON THE BACK OF THI~ FORM. ~ a r J <f1?v'- -t',,</ c:- T rJ rJ jIIA h J' L r v r~G - G '3 - r-c- ) ',/(! t::t:::J - (XUf ~ ,) L~ - tQ, S' JU~ CI v lc :::r J""""'- May-25-2004 04:47pm FrDm-WAYPOINT SECURITY + Forgery Affidavit T-4l3 P,007/009 F-922 commonwealth of pennsylvania S5. County of rm~ Personal1y appeared before me, :r:,/M.e...c, Co ~tltJO vI (j ,LJ:'., who being duly sworn according to law, deposes and ~<>y thElt (hil/she) has e)'amined the check tor other document attacned hereto and that the purported signature in (his/her) name is not (his/her) handwriting and was not made by (him/her) ond was nnt r:lone with (his/her) consent or approval, and are forgeries. " OR That (he/she) examined the check or other document attached hereto and herewith deposes and say that the dollar amount W2S altered and that this altera\ion of amount was not done by (him/her) and was altered without (his/her) consent of approval and is an alteration or forgery. The deponent further declares that (he/she) did not directly not indirectly receive any of the proceeds, not does (he/she: have any knowledge of the person who signed (hiS/her) signature; and That (~.e/she) J1as re,p,ort~d this forgery and has given all infonnation concerning tt to the 'following law enforcemen authorities: (.~fl~~"'" MAKER ~~1...;>'I-f' Co~t(ll"()/.Jj",c, PRAWN oN .-JJJ!1-3~.o-irJ~ r J!J1l 11 k DATE ~-?-.'1-0?J PAYEE - r () iii <!, to.. 11 t ~ 'f'_ (' .A) ~ to kLO vII') -S 'MOUNT - It:~r ' ~~:::::ON O>F~ j" ~a:.o. 0.'" , 1.1" uk 5 _ _ ~._lL<I__ __ r ...-.,,= kr. +l.~",,''h~.'~ h", ",/,\ 'f! customer Signature: ~~- Sworn to and Subscribed b:fO e . 1- this . .J.f\ day of ~ lW (year) " ..-,> ~'-:: .......... '; '- .'< ;:~t:~'?:~~i:t--\ \~!~;1EY Norarial Seal ] DsnSe 8e<cher, NO'.aIy PubIlc Carllsla ~o~, Ow"".terland ~ , ,2006 Mornber, Pennsylwnia As!-:o.l~ 0 _...uvn r Noi:anes REIMBURSEMENT WILL DEPEND ON INVESTIGATION RESULTS My commission expires on May-Z5-Z004 04:48pm From-WAYPOINT SECURITY + T-433 P,008/009 F-9ZZ .&.""S..... V' "- o - ...-- 02/12104 Address: 1700036351 KATHERINE COSTOPOULOS 635 S HANOVER ST CARLISLE PA 17013-4104 17013410435 Account: Name: The image shown below repments an official copy oflhe original doCUfilent as processed by our institution m-m!17 PJlI3 lj~~3-o3 .- DIIolE_ ...vmTtEJ?QWlJ.gfi. 'f tgjl(/If'/ii~'~ri-'~ O...::IEROf. . '.IV "'~." . #.. - -:,: .:.... ; fou1 ~PItl~!lf'.~.t., 0'\ _''\ .. 1IIIl'IPOWT: VlWay int \i},}..;,.;:.;.FOQJS.... -r~~.:-fIIo . ..-' ~H It "_.~~:.~.,:,":" ... _~ {"IdtL .~;V~~ ~~~~~7~~B7~170003t35~~ 035L kA1HERINE cOSTOPOULOS Ii35 S. tWO\IEIl Sf. PH. 7l71l1111 - CAf"I ~ F PA 17013 356 IS,t.f$O DOLL"R5 ~ = . - 356 06/26/03 7001070 450.00 http://lO.15.J.108/dsi-binldsigtwy.dll/print?20030626--700l070.htm 2/1212004 May-Z5-Z004 04:48pm From-WAYPOINT SECURITY + DDA ClIsb On-US Check Tl rDOOn UsCk TEUIJ7Sa ERI ass ACCTll70003Ull, TIll. 5503 ~ 28 1"(.16 OG/26/200J el CO 450'.00 AlIount 450.00 http://lO.15.l.l08/dsi-bill/dsigtw'y .dlllv! illl?20030626---700 1 070.hllll T-413 P,009/009 F-9ZZ rage L. or L. ~~.- d - - -~~ ~ - 2/1212004 DEFENDANTS EXHIUIT B V()U Mey 6top p4l.ymcnl on I;lny item drawn 011 vaur account whf!.ther you sign tt'lC: I\CI'I'I or ont. if vou hiJvO ~n cuusl or gre.ner right to wllht1UIW ffor" lhi~ account than tht: pert-1m who signed Th~ item. A rclcol'r: ()1 Till'! stop-payment rCQvc:;1 ma\' bE m\ldo only by The person who '1Il11il:l\I~d mf: ~top.paymonl ordc.:1 our stop-payment cutoff time l~ one hnUf efter tho opco.n{l (If Th,. noxt b8flki"9 dev 8iter the biU1km\l dZJY on which wo roceivt: Th~ item. Addition.1 limitetions on our obh~l:l\IOn tn STOp paymont arc provided by law le.g.. w, piJld \hc i\t:I"fl in C:A!h or WD c:crL1lictl me it.ml. TELEPHOhlE TRANSFERS . A telephone \f\lnsh:f 01 funds: from thi:; aCGounT TtI another account with u:;, if otherwi!e arranged lor r,l permitVd, mey be made by the :;iJmc per~f)nr. Bnd under tho same condltlun:;. oenf::fflllv eprlicable to wllhdrl:lwr,ls made in writir,g. Unless II different limitation is disc.lo:;;od i" writing. we rastricl ,he nURiher of trans:1ers from I. 50lvlnllll> account to another account 01 to thud partie~. Tn a maximum 01 six pCI 1l10l)1h (Ie!! tne numbei' of .pr~tlthDri1.ed trlnders- dUring U'it: monThl. Other ~ccoun\ ltan~fcr rc:;:ulctions may be describod cl:>cwltt':le. AMENDMENTS AND TERMINATION - We may ch..m;c iJny lcrrn of mis egroomcnt R\llcs goveming changes in .nlereS.t rfl1es .re provided s6par;,\eIV, For \")tner en.nge,. wa will giv~ 'lOll rusonable notice in writing Of by anv otner method potmittcd by lbw. We may elso c:Io~ thi~ Aer-aunt at eny tima upon ro;):;onanle nntice to you and tender 01 the account balance personiJlly or by fIItlil. STATEMalTS ~ You mu.sl examine your statement of eCc.ount with ",.;u.onabte prompme..<:s. ~ If you discover (or roOlsona~Y Should hava discovcredl eny uneuthorind signewres or IIltcnl\lon~. you must "4Prpmptly lIoIi1,y ll."l of Thf:_relevant 1actlO. As between you end8us. if you filii 10 do either of thuo duties, you will have to either 6hare the los$ with us. Of beer the loss entilely yourself (depending on whsthcr we used ordinilry c"ro "nd, if not, whethp.f wa 6ubstantiaUy conuibu\cd \0 the 10~$), The Iou could be not only with rC$pcC~ TO items tin the $Ut1en"lel'l\ but omet items with unoluthoril.od :siur1eture$ or OJltor.\ion$ bv the: same wrongdoer. y~ agree that VIe time you h;,ve to cxlSmlne YOUI ~tatement end report to us will depend on mCl circum1Pti3ncc:;, but will nett, in any eirc:ummnca. uee.d 8 total at 30 days from wnen the S-ta\t:nlem is fint sent er made available to you. . You further egree mat if you hlil to report any unlnJ\hori2ed signatures. afte1Btions. forgeries. or any omer errors in your "ccounl witnin 00 d"ys of whon wO tilst send or mi!lke the :;;U:I\emellt availeble, you cannot assert" etOlim ag.;:ainst us on .;:any .lcms In th{'lt :,"tatement. and as belween you IInd us tho los:; will be w1.I1'ely your5. Tn.\~ 60-day limiUltion is without regard to whether we ueed ordinary Cilra. The limiUJtion in this pilr"Slf01ph is in .;:addition \0 thll\ cont.ined in the first pOJrOlgraph of this section. ACCOUNT ~ANSFER . Thi$ Ilcr:O\1t1l m~v nol ~ tOlnshmed or u:iolgnc:d without our prior writl't:fl con$enl. DIRECT ttEPOSITS . It, in connecTion with 8 diree1 deJln~i1 plen. we depo5it iJny amount in "n account which should h;JVO been returned tc the Fodor"l Govornmom fer "ny roason. you authorize us to deduet the .;:amount of our li::ability to tne Federal Government ftom the account 01 from IIlly otner ac.CounL you h.:l'llC with us, without prier n01lcc ~nd lit lIny time, except as prohibitod by lilW. We m"y al&o usa ilny othor 10<;1\11 remedy to rocover tho amount of our liability. TEMPORARY ACCOUNT AGREEMENT - 11' this option is selected. fhi~ is . temporary account agreement. each person who 6oig,u; in the sp.;:ace d~.grI8lr:d IlJr ::;iDnalur~s on \h~ siQn:l\ure cllld (excep\ II:: indicated ltl t"~ r:olltlllrvl mav thl"ltIU'.\ Du,:ineslt on thi~ ftcr:ounT. Huwo:VI'!l'. w@ !'l16'V lit SClm@ time in th@ 1u1ure restrict or prohibi't furthor U$C 01 thiS at:count i1 you fOlil to C(lrnplv with \hc n;Quitemonts Wt: IllIVe imposed withIn e reasonable lir'l)I'!. SETOFF. Wc mil\" lwithout prior no lice snd wnon pcrroitt"t1 bv lawl set oil the fund~ in tt'lis ::accuunT Ilgainst ;:any du~ Ilnd pavablo dob\ you owe lilt now or in tne luIUff':. by any 01 ynU having 1ho riph\ 01 withdulwlIl, to tnl~ extont 01 '$uch p6rson,' 1,)1' 1"0"1 entitY's 'i~ht \0 withdrew. If the dubl ilrisc$ tl'om A noto. ~ttnv duf. and paVilblc debt" includCs thP. toti!l;l amount t'll whic:n we arc ~ntiTfAd to domilnd payment under Tn@ terms of the nnTf! at the ump. WI'! ~e1 off. inclumn\l eny balence tho due datt: for which we PJ'ol1f':rlV accelorate under the note This rignt of ~cloff does not ;:apply \0 tl)i, accounl i'I' fal it' i!: .In IRA Of othr.1' tln:-defernd retircment account, or fhl the debt is creeted by tI r.om~umar credit trDn$:lr:1iM undol ::a crl'Jc!it cfUd plan (but this doc~ n(lt affeC1: our rights LIf'ldl!f any con:ot:Mu31 ~f!lcuri'v interCSl!. Qr lelrhe debtor's fi!)h1 of withdrawal only ari~B5 in 0) represonUltlVC caPAcity. We wlU not ue liable tor \hc di~hnnor nf !tny check wnen the dishonor occtJr& bocl:lu:'O~ we sot of! tI debt 80Ain~ this ~cuu')l, You agree to hold us h.rmle65 1rom :.nv claim arising as a rc:oult 01 nur exercin of our fI\)ht of .etot1 AUTHORIZED SlCiNER UndividUOllI .ACCOUI\t8 ontyt 8 A $inglf! individuel is the owner. Thl!l OIuthoriil:cd !:ianer is. merely de~iDnllt8d to conduct uansDctions on .tha ownt"f's beh!lil1. We undcr~ke no obligation to monl\or trensactions to determine thet thoy tire on the owner'!. bchillt. The dosign"\IOrl of fin euthonud $igner d~fIIs not ereate iI power Of ancrnev: thololore, lhe authorized signer is not sLlbjeC1 to the pIClvision5 0" 20 PiJ.C.S.A. Section 500' 0\ soq IChapter 56; Oeccdl.""ts, E!tales and Fiduci~rie::: Code\. RESTRICTtVE LEGENDS 8 We are not requircd to honor any _ rosuictive-Iegend on chocks vou ;write unlesrwc have Agl'led in writing to the rC~lnctiofl, Examples 01 restric'tive IAgAnas are "mu&t be prBsented within 90 d,vs" or ~not ,,~Ijd for more than $1,000.00,. ACH AND WIRE TRANSFERS. This i1groement is subject to Article 4A of the Unilorrn Commercilll Code - Fund TrrlOsft:r, .s edorrred in the stOlte in whll:h you hftvp. your eceount W1V1 U$. 11 you originate e 1und tron$f'er 10r which Fedwire is used, \:and you identify bv nlllme and numbcr e beneficiary finencial instiNtion, .an intermediary finenc:iiJl instiWtion or II: beneficiary, we and OV!CTV rccciving Of beneficiary 1inarlcitll in::titution may rely on the idonti1ying numbol 'lO make payment. We mav roly on the number even if it identifies a financial institu1:ion. parson or ::account other then the one named. You agree to be bound bv autOlTlO1tod clearing house ess-ocietion rule!:. The!le rulDs provide. among other thin9s, Tha' payments mlilde \0 you. or origil1...,ed by you. ~ro provisiontll until finel 5ettlelTlsnT is made through ::a Fedcr\:al Rosorve &nk or pevment is otherwise msd~ illS provided in )'rticle 4A-4031;:al oj the Unilorm C(lmr~rci81 Code, If we 00 nnT re<:lllive s.uch payment, we are entilled to II tetund 1rom you in the amolJnt credited to YDur ..ccount l:Ind the pllrty of1ginatin, !tJch payment will not be considerod to httve paid thf:' an10unt :;0 credited. If wo receive a credit to iJ,n "ccount you he\lp. wilh u:; by wirc 01 ACH, Wt: /lIr~ nOt feQLlir#':d '0 give you any notice of thP. pDymen\ oldel' 01 credit. FACSlMlL.E SIC:NATUFl:ES - You lluttJo.ize u~, at Bny time. '0 c:n8fgl'! you 10r all r:nec:ks, drafts, nr other orders. for tho p::ayment of monty. UUlt IIrt: dreawl\ on u!: re~brdle~$ of bv whom or by what means th~ facSimile :;.igOlI\ure(~1 may havl'! I)t:en affixed so long A!: they resemble \h~ Illc:;.irniil!: :sil,lnllturt: sDecimen filed with us. and contain the roquired mJnlbcr of :sign~t\JI'es. tor This PtJfllose. PLEDGES 8 Unlcs::; we f:lQICC otherwis.e in writing. each owner of thl~ tfCI:(lIlM may pledge ell or any part of me fund::: in it IOf :Inv DurpDSo TO which we agree. Any plodQiCl of this l:fC~OLlOl must fjr$T lie satisfied betoro tho rjgh15 01 "ny $tJrvi'Ylng "r.r.nunT owner or 'H:cnlln1 bcm:-fir.:iary bacome e1fective. (/Nlur: 2(J' 2/ E4Ztb. QHI83 1990. IPS'. '99~ &e:'lk.rt !;ve:;lllmc In'" 9L. aolola. MN FOI"m rc.n".p^ 81ZSf2000 IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSL YV ANIA CIVIL ACTION - LAW JAMES C. COSTOPOULOS, ATTORNEY-IN FACT FOR PENNSYLVANIA KATHERINE COSTOPOULOS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, v. W A YPOINT BANK AND W A YPOINT FINANCIAL CORPORATION, Defendants and JAMES C. COSTOPOULOS Additional Defendant : and CONSTANTINE COSTOPOULOS, : Additional Defendant : No. 04-1736 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE To the Prothonotary: I, Richard C. Ruben, hereby certify that I served a true and correct copy of the attached Answer, New Matter and Counterclaim and Third Party Complaint Tom Costopoulos of Entry Of Appearance in Counsel on Plaintiffs William Costopoulos by United States Mail, postage pre-paid on June 10, 2004 to: William Costopoulos, Esquire Costopoulos, Foster & Fields 831 Market Street / POBox 222 Lemoyne, Permsylvania 17043 ~ Richard C. Ruben, Esquire LD. Number 27767 Attorney for Defendant Waypoint Bank 235 North Second Street Harrisburg, Permsylvania 17105 Ph: (717) 909-2253 F: (717) 231-2950 - June 2, 2004 n,~r; ~-> ~',:,' .;::::' (r' , ~:, s:.-<~ ~"-" ::'';'.;j -< p ...., = c',';.) ~- (-- c:.: :-;,~ o -n :r fll.:!:! """(Jm :U 'i) 9u ~:n ~~ ~~ri c~ :< " :J:: c., (J1 0") SHERIFF'S RETURN - REGULAR CASE NO: 2004-01736 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COSTOPOULOS JAMES C ET AL VS WAYPOINT BANK ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsyl'vania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon COSTOPOULOS CONSTANTINE the ADD'TL DEFEND. , at 1206:00 HOURS, on the 15th day of June , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to CONSTANTINE "GUS" COSTOPOULOS a true and attested copy of COMPLAINT JOINING ADDL together with NOTICE TO PLEAD & COpy OF NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~~ ~ .. 18.00 .00 .00 10.00 .00 28.00 R. Thomas Kline 06/15/2004 WAYPOINT BANK Sworn and Subscribed to before By: me this :J./"."t' day of l~.2<Jv'1 A.D. n L a ~oJtJ."r '--~thonotary I " ORIGINAL JAMES C. COSTOPOULOS, ATTORNEY-IN-FACT FOR KATHERINE COSTOPOULOS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLM,D COUNTY, PENNSYLVANIA No. 04-1736 Civil Term v. CIVIL ACTION - LAW WAYPOINT BANK AND WAYPOINT FINANCIAL CORPORATION, Defendants JURY TRLl\.L DEMANDED and JAMES C. COSTOPOULOS, Additional Defendant and CONSTANTINE COSTOPOULOS, Additional Defendant PLAINTIFFS' REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW come the Plaintiffs, James C. Costopoulos, Attorney- in-Fact for Katherine Costopoulos, by and through their attorney, William C. Costopoulos, Esquire, and file the following Reply to New Matter and Answer to Counterclaim: Replv to New Matter 32. No answer required. 33. Admitted in part; denied in part. It is admitted that Defendant Waypoint Financial Corporation is a federally regulated thrift holding company. It is denied that it is neither authorized nor does engage in any retail banking activities or take or hold customer's deposits. To the contrary, Defendant Waypoint Financial 1 Corporation, as the parent company of Waypoint Bank, is jointly and severally liable for failing to protect the interests of customers such as Plaintiff, Katherine Costopoulos, as set forth fully in the complaint. Strict proof demanded at trial. 34. Neither admitted nor denied. The account rules speak for themselves. Strict proof demanded at trial. 35. Denied as stated. It is denied that Plaintiffs individually and/or collectively failed to report two allegedly forged instruments negotiated in June of 2003 until February of 2004. To the contrary, Plaintiffs promptly and appropriately reported these two forged instruments upon becoming aware of them. Strict proof demanded at trial. 36. Denied. It is denied that Plaintiffs unreasonably delayed in reporting the June checks as forgeries, that any unreasonable delay enabled the subsequent forgeries to happen, and that this directly caused the losses co~?lained of and prevented Waypoint Bank from preventing or limiting Plaintiffs' loss. To the contrary, there was absolutely no connection between the checks forged in June 2003 and the checks forged in December 2003/January 2004 and given the six-month time lapse between the two sets of forgeries, Defendants are not absolved of liability for the loss. Defendants are entirely liable for the loss for the reasons set forth in the complaint. Strict proof demanded at trial. 37. Denied. It is denied that Plaintiffs failed to safeguard 2 the checks or report their theft or loss and that any such failure directly enabled the alleged thief and forger to continue to cause losses to Plaintiffs. To the contrary, Plaintiffs did all that was reasonably possible to safeguard the checks and promptly and appropriately reported the forgeries of December 2003/January 2004 upon learning of them. Defendants are entirely liable for the loss for the reasons set forth in the complaint. Strict proof demanded at trial. 38. This averment sets forth a legal conclusion requiring no answer. To the extent a response is required, the same is denied. To the contrary, Plaintiffs did not unreasonably and negligently fail to meet their performance obligations to Defendants and any such failure did not mean that the $8,307 December through January losses would not have occurred. Defendants are entirely liable for the loss for the reasons set forth in the complaint. Strict proof demanded at trial. WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severally. Answer to Counterclaim of Third-Party Defendant James C. Costopoulos Defendants set forth claims against James C. Costopoulos under the heading of "NEW MATTER" and "Third Party Defendant James C. Costopoulos. " Apparently this is meant to be a counterclaim. Plaintiffs object to this heading which fails to conform to the 3 Pennsylvania Rules of Civil Procedure. Wi thout waiving their objection, Plaintiffs will treat this as a counterclaim and answer it in the interests of judicial economy. 39. No answer required. 40. Neither admitted nor denied. The 1993 power of attorney speaks for itself. 41. Denied. It is denied that James C. Costopoulos, in his capacity as attorney in fact and agent for Katherine Costopoulos, negligently and intentionally failed or refused to fulfill his fiduciary obligations and duties by failing, inter alia, to safeguard and monitor the security of her checks and records; monitor, review and reconcile monthly account statements; report unauthorized use and activity on her account; and take such action necessary to prevent a close family member from defrauding his principal. To the contrary, James C. Costopoulos, in his capacity as attorney in fact and agent for Katherine Costopoulos, did not negligently and intentionally fail or refuse to fulfill his fiduciary obligations and duties. He did all that was reasonably possible to safeguard and monitor the security of her checks and records. He monitored, reviewed and reconciled her monthly statements. He promptly and appropriately reported the unauthorized use and activity on her account. And he took reasonable action to prevent Constantine Costopoulos from defrauding his principal. Strict proof demanded at trial. 4 42. Admitted in part; denied in part. It is admitted that James C. Costopoulos was aware of the criminal propensities of Constantine Costopoulos. By way of further answer, Defendants themselves were well aware of the criminal propensities of Constantine Costopoulos. It is denied that James C. Costopoulos negligently failed to take appropriate action to safeguard and protect and monitor the physical and financial security of his principal's belongings and accounts to prevent or discover the theft and fraud. To the contrary, he did all that was reasonably possible to safeguard and protect and monitor the physical and financial security of his principal's belongings and accounts to prevent or discover the theft and fraud and, in fact, promptly and appropriately reported the theft and fraud in this case upon becoming aware of it. Strict proof demanded at trial. 43. This averment sets forth a legal conclusion requiring no response. To the extent a response is required, the same is denied. It is denied that James C. Costopoulos breached any fiduciary duty to Katherine Costopoulos. It is further denied that any such breach of fiduciary duty directly caused or allowed to continue the fraudulent course of conduct of Constantine Costopoulos resulting in losses exceeding $9,280 and preventing Defendants from limiting the losses due to the allegedly forged instruments. To the contrary, Defendants are entirely liable for the loss for the reasons set forth in the complaint. Strict proof 5 demanded at trial. 44. This averment sets forth a legal conclusion requiring no response. To the extent a response is required, the same is denied. It is denied that as the result of the action or inaction of James C. Costopoulos, he is solely and directly liable to Katherine Costopoulos for the losses incurred or in the alternatively liable over or jointly and severally liable with Defendants for any losses for which Waypoint Bank may be held liable to Katherine Costopoulos. To the contrary, Defendants are entirely liable for the loss for the reasons set forth in the complaint. Strict proof demanded at trial. WHEREFORE, Plaintiffs demand judgment against Defendants, RESP FULLY SUBMITTED: jointly and severally. I William C. Costopoulos, Esquire I.D. No. 22354 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/p.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFFS DATED: June 23, 2004. 6 VERIFICATION I, Plaintiff, James C. Costopoulos, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsificatio to authorities. DATED: June BY: 2'3> , 2004. James 7 ~ Costopoulos CERTIFICATE OF SERVICE I, William C. Costopoulos, Esquire, do hereby certify that a true and correct copy of this REPLY was served upon counsel for Defendants by placing same in the United States Mail, first class postage prepaid, on the below date and addressed as follows: Benjamin Riggs, Esq. 101 South George Street York, PA 17401 Richard Ruben, Esq. 235 North Second Street Harrisburg, PA 17105 BY: , William C. Costopuolos, Esquire '-- DATED: June 23, 2004. 8 r-.," :~~:~ c_ c :'~, U. o -n -I Xll rTlr~ -,...,ni -'](.) i.~)tS j'Ti :Y'J C) rfl -"J t;;) f',' (..) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. COSTOPOULOS, Attorney-in-Fact for KATHERINE COSTOPOULOS Plaintiffs No. 04-1736 Civil Term vs. CIVIL ACTION - LAW WAYPOINT BANK and WAYPOINT FINANCIAL CORPORATION Defendants Jury Trial Demanded and JAMES C. COSTOPOULOS, Additional Defendant and CONSTANTINE COSTOPOULOS Additional Defendant C) t-.:> c::7:) 0 C;; = "T, ...- " .-< ~\) t"l_ L :r ;,-~ " c= m ,~'",~ F u) r jj~J .. o..D C) .:... ~~ ."-1(.) -') 7= =:~:! . :1';: ~~~;~ J;' r,,) S! <.'1 ::.::.' -..l -< TO: Constantine Costopoulos 63 F Street Carlisle, Pennsylvania 17013 DATE OF NOTICE: July /'- ,2004 NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Dated: July II:., 2004 BY:~~ _ Richard C. Ruben, Esquire 1.0. Number 27767 Attorney for Defendants Waypoint Bank and Waypoint Financial Corp. P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 909-2253 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. COSTOPOULOS, Attorney-in-Fact for KATHERINE COSTOPOULOS Plaintiffs No. 04-1736 Civil Term vs. CIVIL ACTION - LAW WAYPOINT BANK and WAYPOINT FINANCIAL CORPORATION Defendants Jury Trial Demanded and JAMES C. COSTOPOULOS, Additional Defendant and CONSTANTINE COSTOPOULOS Additional Defendant CERTIFICATE OF SERVICE; I HEREBY CERTIFY that on July ~ 2004, a 10-Day Default Notice in the above-captioned matter was mailed to Defendant, Constantine Costopoulos, by regular mail, postage prepaid. A true and correct copy of the 10-Day Default Notice is attached hereto and incorporated by reference. ~~/ Dated: July 16 ,2004 By: Richard C. Ruben, Esquire 1.0. Number 27767 Attomey for Defendants Waypoint Bank and Waypoint Finandal Corp. P.O. Box 1711 Harrisburg, PA 17105-1711 PhonE~: (717) 909-2253 (') c ."".:; \J~" SI,'~.( >;.-' (7j: : rs:.", ~'- iff(,:;, c <:: ::< ." :::e: is> <-11 ~ ~ ..,.. <:.... c:--. ~ - \.C o ..." 5! n1i12 "'t'r~ -.~t'::I ';f6 8<~1 Cinl ';::-f ,.'" <~ :.:'.;:: IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. COSTOPOULOS, Attorney-in-Fact for KATHERINE COSTOPOULOS Plaintiffs No. 04-1736 Civil Term vs. CIVIL ACTION - LAW WAYPOINT BANK and WAYPOINT FINANCIAL CORPORATION Defendants Jury Trial Demanded and JAMES C. COSTOPOULOS, Additional Defendant and CONSTANTINE COSTOPOULOS Additional Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard C. Ruben, counsel for the defendants in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $8,307. The counterclaim of the defendant in the action is $8,307. The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: William Costopoulos. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators; to whom the case shall be submitted. By: ~ -- Richard C. Ruben, Esquire C/O Waypoint Bank PO Box 1711 Harrisburg, PA 17105-11711 ID #27767 Attorney for Defendant Waypoint Bank CERTIFICATE OF SERVICE I, Richard C. Ruben, Esquire, do hereby certify that a true and correct copy of this Petition for Appointment of Arbitrators was served upon counsel for Plaintiff and Constantine Costopoulos by placing same in the United States Mail, first class postage prepaid, on the below date and addressed as follows: William C. Costopoulos, Esquire Costopoulos, Foster and Fields 831 Market St, Lemoyne, PA 17043 Constantine Costopoulos C/O Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 And Constantine Costopoulos 63 F Street Carlisle, PA 17013 BY: / Richard C. Ruben, Esquire Dated: /Z/I7!!!f/ I / I r~ ~ ~ ~ VI --J ...... oG '" ~\ -..1 r 8 v- { ..... F: ~ "1 (J , tf 2 ~:. -r1 . 1:~ \fIt f' Z ~.J.~~: Z'--- <A "". ~c ~.o 6-0 :PC: ~ ~ ~ ~ ("') '" cP --tj :s. '8 s:- .t:'" o -n ~-r'\ n"c -o\""ll :r;1C( go :J': ::;:\ ()~- ":>"(""> or" -~ ~ '.~ , , IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. COSTOPOULOS, Attorney-in-Fact for KATHERINE COSTOPOULOS Plaintiffs No. 04-1736 Civil Term vs. CIVIL ACTION - LAW WAYPOINT BANK and WA YPOINT FINANCIAL CORPORATION Defendants Jury Trial Demanded and JAMES C. COSTOPOULOS, Additional Defendant and CONSTANTINE COSTOPOULOS Additional Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard C. Ruben, counsel for the defendants in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $8,307. The counterclaim of the defendant in the action is $8,307. The fOllowing attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: William Costopoulos. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ---- By: Richard C. Ruben, Esquire C/O Waypoint Bank PO Box 1711 Harrisburg, PA 17105-1711 ID #27767 Attorney for Defendant Waypoint Bank CERTIFICATE OF SERVICE I, Richard C. Ruben, Esquire. do hereby certify that a true and correct copy of this Petition for Appointment of Arbitrators was served upon counsel for Plaintiff and Constantine Costopoulos by placing same in the United States Mail, first class postage prepaid, on the below date and addressed as follows: William C. Costopoulos, Esquire Costopoulos, Foster and Fields 831 Market St, Lemoyne, PA 17043 Constantine Costopoulos C/O Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 And Constantine Costopoulos 63 F Street Carlisle, PA 17013 /~ BY: Dated: /~/yoF Richard C. Ruben, Esquire r~ ~ 60 i:lt VI -.J ...... 0() '" ~'\ ....:l r (5 V { .... ~ c ~1, tf cb~ (") G ;:"' -""' -("1.-'0 ,,'lir' '"7 .-t', ~f'~ tP.J~. ~C' "'- ~;'O ~\:) PC: ~: :2 ~ ~ % C'"> r--' cP --0 :J:. ~ o- s::- s:- o -"\'\ :t-r. n'i''''' -oi""l'1 :ot( go -",,_-1"1 ,5'7:3 -7' .... '") CSt\' --' "V ';.j :""~ ORDER OF COURT AND NOW, December 2004, in consideration of the foregoing petition, ;U.ut () ~ . - ~./1J-l/_ , ,Esq., ~..... ~ --- r' ~sq., and ~~, Esq., are appointed arbitrators in the above-~tioned acti~n (or actions) as prayed for. By the Court, $111,.. , P.J. \J'l;\~//\l}..~~:\ : !'< ~,~: (.1 ! I ~II'1/"'" -'-' ,,'" "'"'''''''T''\ I'-;.J"~h. ; r .,'. i:..,~:r'lllv LO .f' lId ." .'," 9- NVr ~OOZ A't.'1J.oi' :OH.:.CUd 3Hl :10 3JI::l~C"-o31:-:l JAMES C. COSTOPOULOS, Attorney-in- Fact for Katherine Costopoulos Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1736 CrvIL TERM : CIVIL ACTION - LAW W A YFOJNT BANK and W A YFOINT FINANCIAL CORPORATION, Defendants, : JURY TRIAL DEMANDED and JAMES C. COSTOPOULOS, and- CONSTANTINE COSTOPOULOS, Additional Defendants: WITHDRAWAl.. OF APPEARA~ TO THE PROTHONOTARY: Kindly withdraw the appearance of Richard C. Ruben and Benjamin F. Riggs, Jr. as counsel for Defendant, Waypoint Bank and Waypoint Financial Corporation. ~~ By: Richard C. Ruben, Esquire Benjamin F. Riggs, Jr., Esquire 235 North Second Street Hamsburg, P A 171 05 (717) 909-2253 Attorneys for Defendant ENTRY OF APPEARANCE: Kindly enter the appearance of the undersigned as counsel for Defendant, Waypoint Bank and Waypoint Financial Corporation. Robert J. T . e Pa. lD. o. 74486 One S th Market Square Harrisburg, P A 17108-1146 (717) 233-573 ]1 Attorneys for Defendant 5<41716.1 JAMES C. COSTOPOULOS, Attorney-in- Fact for Katherine Costopoulos Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04- 1736 CIVIL TERM : CIVIL ACTION - LAW WAYPOINT BANK and WAYPOINT FINANCIAL CORPORATION, Defendants, : JURY TRIAL DEMANDED and JAMES C. COSTOPOULOS, and- CONSTANTINE COSTOPOULOS, Additional Defendants: WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Richard C. Ruben and Benjamin F. Riggs, Jr. as counsel for Defendant, Waypoint Bank and Waypoint Financial Corporation. By: Richard C. Ruben, Esquire Benjamin F. Riggs, Jr., Esquire 235 North Second Street Harrisburg, P A 17105 (717) 909-2253 Attorneys for Defendant ENTRY OF APPEARANCE Kindly enter the appearance ofthe undersigned as counsel for Defendant, Waypoint Bank and Waypoint Financial Corporation. RHOADS & SIN ~ ~~ Robe . ribeck P .D. No. 74486 One South Market Square Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Defendant 547716.1 CERTIFICATE OF SERVICE I hereby certify that on February 4, 2005, a true and correct copy of the Withdrawal of Appearance and Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: William C. Costopoulous, Esquire Costopoulous Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, P A 17043 ;wL- ( .~ ."\1 ." \ _.'t -~-, L C") ..;;, - --- Robert J. Tribeck, Esquire Attorney I.D. No. 74486 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants/Third Party Plaintiffs Waypoint Bank and Waypoint Financial Corporation JAMES C. COSTOPOULOS, Attorney-in- Fact for Katherine Costopoulos Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1736 CIVIL TERM CIVIL ACTION - LAW W A YPOINT BANK and W A YPOINT FINANCIAL CORPORATION, Defendants, JURY TRIAL DEMANDED and JAMES C. COSTOPOULOS, and- CONSTANTINE COSTOPOULOS, Additional Defendants: PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter judgment of default in favor of Defendants/Third Party Plaintiffs, Waypoint Bank and Waypoint Financial Corporation and against Additional Defendant, Constantine Costopoulos for failure to plead to the Complaint Against Additional Defendant. The Complaint contains a notice to defend within 20 days from the date of service thereof. Additional Defendant was served with the Complaint on June 15, 2004, and Additional Defendant's answer was due to be filed on July 5, 2004. Attached as Exhibit "A" is a copy of Defendants' IThird Party Plaintiffs' written Notice of intention to file for entry of default judgment, which I certify was mailed by regular mail to the Additional Defendant at his last known address on July 16, 2004, which is at least 10 days prior to the filing ofthis Praecipe. 560712.1 Please assess damages in the amount of Six thousand five hundred dollars ($6,500.00), by way of indemnification, and/or contribution for the amount recovered by Plaintiff in settlement ofthe action against Defendants, together with costs. By: obert J. T One South arket Square P. O. Box 1 46 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants/Third Party Plaintiffs Waypoint Bank and Waypoint Financial Corporation I , '? i , i I ~ 7,,1," 'J~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. COSTOPOULOS, AttorneY-in-Fact for KATHERINE COSTOPOULOS Plaintiffs No. 04-1736 Civil Term vs. CIVIL ACTION - LAW WAYPOINT BANK and WAYPOINT FINANCIAL CORPORATION Defendants Jury Trial Demanded and JAMES C. COSTOPOULOS, Additional Defendant and CONSTANTINE COSTOPOULOS Additional Defendant TO: Constantine Costopoulos 63 F Street Carlisle, Pennsylvania 17013 DATE OF NOTICE: July / , ,2004 NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Dated: July /1:., 2004 BY:~V Richard C. Ruben, Esquire 1.0. Number 27767 Attorney for Defendants Waypoint Bank and Waypoint Financial Corp. P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 909-2253 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. COSTOPOULOS, Attorney-in-Fact for KATHERINE COSTOPOULOS Plaintiffs No. 04-1736 Civil Term vs. CIVIL ACTION - LAW WAYPOINT BANK and WAYPOINT FINANCIAL CORPORATION Defendants Jury Trial Demanded and JAMES C. COSTOPOULOS, Additional Defendant and o S ~- ~7rr :::::;; ;::: ~ 0---31,;.::-- -':~;' ~c ..., ':"~ 0. ~ ::on '-- -l c:: :1:....,.... r-- ,,1 r: '""t";IrT1 ,;0 06 :71~ ~ ~S r;.? ~ :.>- (}"l ,~'~ -..l -< \.CI CONSTANTINE COSTOPOULOS Additional Defendant CERTIFICATE OF SERVICE $5~2 2~ =< I HEREBY CERTIFY that on July ~ 2004, a 10-Day Default Notice in the above-captioned matter was mailed to Defendant, Constantine Costopoulos, by regular mail, postage prepaid. A true and correct copy of the 10-Day Default Notice is attached hereto and incorporated by reference. Dated: July 16 ,2004 By: Richard C. Ruben, Esquire I.D. Number 27767 Attorney for Defendants Waypoint Bank and Waypoint Financial Corp. P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 909-2253 ~I Wayt:lqiElc LOOK FOR US. WE'LL GET YOU THERE. July 16, 2004 Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Re: Costopoulos vs. Waypoint Bank, et al. No. 04-1736 Civil Term Dear Prothonotary: Enclosed please find an original Certificate of Service with an attached copy of the 10-Day Notice of Intention to Enter Default Judgment, which has been mailed to the Defendant. I am also enclosing a copy of the Certificate of Service to be time stamped and returned to this office in the enclosed envelope. Sincerely, Richard C. Ruben, Esquire Attorney for Waypoint Bank and Waypoint Financial Corp. RCRlso Enclosures PO, Box 1711, HARRISBURG. PENNSYlVANIA 17105-1711 Toll FrEE 1-866-WAYPOINT 11-866-929-7646\ . wwwW=>"--'-" CERTIFICATE OF SERVICE I hereby certify that on :",\ (, L^ LI_, 2005, a true and correct copy of the '1 Praecipe for Entry of Judgment of Default was served by means of United States mail, first class, postage prepaid, upon the following: Constantine Costopoulos 63 F Street Carlisle, P A 17013 William C. Costopoulous, Esquire Costopoulous Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, P A 17043 c~ Jj 'ff2ttL- Lyn G. Ritter ~ -4 (:; 1- -0 ....' Sf. (! = e::.:;> \) ~ ~ c1' -' ~ ::JI'. -r: -<1 C> ~'-','~ ~"e & -- -=t\c.-1 - ~ \ -J :' \ ~ 0' r~':?~(-J ""-. _\.l., u-> ...c. P-- Y'" (;",/(.O? ~ ~-~ ~ -- ,_<-<{I.I - - ~ <? ': ~-\ OJ ).J f?- "?' ~J ,.. l0 - :..:; F u;> r - ---- Robert J. Tribeck, Esquire Attorney I.D. No. 74486 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for DefendantslThird Party Plaintiffs Waypoint Bank and Waypoint Financial Corporation JAMES C. COSTOPOULOS, Attorney-in- Fact for Katherine Costopoulos Plaintiff v. W A YPOINT BANK and W A YPOINT FINANCIAL CORPORATION, Defendants, and JAMES C. COSTOPOULOS, and- CONSTANTINE COSTOPOULOS, Additional Defendants: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-1736 CIVIL TERM CNIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned action, as to Plaintiffs claim against Defendant and Defendant's counterclaim against Plaintiff, as settled, discontinued and ended, with prejudice. COSTOPOULOS, FOSTER & FIELDS ~~'A'CV~ '. eslie FieMs, Esquire 831 Market Street P.O. Box 222 Lemoyne, P A J 7043-0222 (717) 761-2121 Attorneys for James C. Costopoulos 56] 172.1 17108-1146 Attorneys for Waypoint Bank and Waypoint Financial Corporation <, '~ ~~ '~i ;, <;:,~ ~ r.:" i~ ~ - ('~; ;it"' <~ ~. 'x "" .~ ...{ ;~ ~ ; ;: <, <"- I ;N.,' A.l' .~ J ~ t~:~iJ ~~~'\J~ , :'{'* ~' l f~ < ~ f i'. t:'.~ " ~ '" ~\' ! ~~ ~l ~ /' i ___I -~, 1',',:- -. c,