HomeMy WebLinkAbout10-4718
'r n1 !r'1 ,
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
Telephone: (717) 232-5000
rlfinck@mette.com
METRO BANK,
Plaintiff
VS.
CHRISTABELL NINA, S AMECCA
BUNCE, and KAHILIL BiJNCE,
Defendant
CU. f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10 - q?1$ l -ret-m
CIVIL ACTION - LAW/EQUITY
NOTICE
YOU HAVE BEET
CLAIMS SET FORTH IN
TWENTY (20) DAYS AF'
ENTERING A WRITTEN
FILING IN WRITING WI'
CLAIMS SET FORTH AC
SO THE CASE MAY PRC
AGAINST YOU BY THE
CLAIMED IN THE COMI
BY THE PLAINTIFF. YC
IMPORTANT TO YOU.
SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
rHE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
'ER THIS COMPLAINT AND NOTICE ARE SERVED, BY
APPEARANCE PERSONALLY OR BY ATTORNEY AND
,H THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
AINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO
CEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
2OURT WITHOUT FURTHER NOTICE FOR ANY MONEY
'LAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED
U MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
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OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
C
ERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
s
4Q&o Ap rArr/
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PA ,a qsya-9
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
Mette, Evans & Woodside',
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
Telephone: (717) 232-5000
rlfinck@mette.com
METRO BANK,
Plaintiff
VS.
CHRISTABELL NINA, S AMECCA
BUNCE, and KAHILIL B CE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW/EQUITY
COMPLAINT
The Plaintiff, Metro Bank ("Metro') by and through its attorneys, Mette, Evans &
i
Woodside, files this Complaint against the Defendants, Christabell Nina ("Nina"), Shamecca
Bunce ( Shamecca) and 4ahilil Bunce (Kahilil) (collectively the "Defendants"), as follows:
PARTIES
1. Metro is a Pennsylvania financial institution organized and existing under the
laws of the Commonwealth of Pennsylvania with a principal place of business at 3801 Paxton
Street, Harrisburg, PA 17111.
2. Nina is an
individual believed to be residing at 836 Factory Street, Carlisle,
PA 17013.
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3. Shamecca unce and Kahilil Bunce (collectively the "Bunces") are adult
individuals and husband arid wife residing at 250 South Bedford Street, Carlisle, PA 17013.
JURISDICTION AND VENUE
4. Jurisdiction! and venue are appropriate in this Court because the Defendants reside
in Cumberland County, Peosylvania.
5. Jurisdiction] and venue are appropriate in this Court because the events and
transactions out of which Metro's claims arose occurred in Cumberland County.
BACKGROUND INFORMATION
6. Nina is the mother and natural guardian of Nakwon St. John ("Minor"), a minor.
7. On or about) April 9, 2009, the Supreme Court for Kings County, New York,
issued an Order in the case of Nakwon St. John, an Infant by his Mother and Natural Guardian,
Christabell Nina, and Chri? tabell Nina, Individually v. The Miracle Makers, Inc. and Children's
World Day Care Center, Index No. 5813/06. A true and correct copy of the Kings County
Supreme Court's Order dated April 9, 2009 is attached hereto as Exhibit "A" and made a part
hereof by reference.
8. Pursuant to ?he April 9, 2009 Order, a settlement in the amount of $114,558.03
was paid by the insurer of ?he defendants in the New York proceedings for injuries sustained by
the Minor.
9. Pursuant to ?he April 9, 2009 Order, the insurer, ESIS, Inc., issued the following
checks:
a. Check No. FA79497519 in the amount of $57,279.02 payable to
"CHRISTA?ELL NINA M/N/G of NAKWON ST. JOHN AND AN
2
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OFFICER :CHASE MANHATTAN BANK, BRONCS, NEW YORK,
BRONCS, W YORK 10451 ";
b. Check No. 1 A79497523 in the amount of $57,279.02 payable to
"CHRISTABELL NINA M/N/G OF NAKWON ST. JOHN AND AN
OFFICER F CITIBANK, 550 HUNTS PT AVE., BRONCS, NEW
YORK, BR NCS, NEW YORK 10474.
(collectively the "ESIS Ch?cks") True and correct copies of the ESIS Checks are attached hereto
as Exhibit "B" and made a part hereof by reference.
10. When Nina discovered that the checks were going to be issued by the insurer, she
i
enlisted the assistance of the Bunces in cashing the checks at a Pennsylvania bank.
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11. The Bunces were introduced to Nina by Kahilil's sister, Jenita Bunce. Prior to
June of 2009, the Bunces aid Nina did not know one-another.
12. Nina and th Bunces talked via telephone in or about early June of 2009. Nina
informed the Bunces that s?e was expecting the ESIS Checks and that she wanted to come to
Pennsylvania to cash them
13. The ESIS Checks were delivered to Nina while she was living in New York.
14. On or aboutIJune 18, 2009, Nina came to Carlisle, Pennsylvania and met the
Bunces. This was the first ?ime Nina and the Bunces met one-another, face-to-face.
15. Nina endors?d and deposited the ESIS Checks into an account in Nina's name at
Metro (the "Metro Account") on June 19, 2009.
16. The ESIS Checks were not endorsed by Chase Manhattan Bank or Citibank.
17. Nina imme 'ately started withdrawing funds from the account.
3
18. The Bunce took her to several different Metro bank branches in order to
withdraw the money in sm ller sums so as not to arouse suspicion.
19. Nina wrote checks directly to the Bunces.
20. The checks Ito the Bunces were not for any particular good or service or to satisfy
a legitimate debt owed to t?e Bunces.
21. From June 17, 2009 until July 1, 2009, Nina made the following withdrawals
from the Metro Account;
a.
b.
C.
d.
e.
f.
9.
h.
i.
22
a June 27, 21109 personal check made payable to Kahilil Bunce in the
amount of 8,000.00;
a June 27, 2009 cashier's check made payable to Value City Furniture in
the amount ?f $7,863.95;
a June 27, 2 09 cashier's check made payable to Don Diehl Realty in the
amount of $5,141.60;
a June 27, 21109 cashier's check made payable to Don Diehl Realty in the
amount of $805.00;
a June 29, 21109 counter withdrawal in the amount of $33,810.55;
a June 29, 2 09 personal check made payable to Shamecca Bunce in the
amount of $7,000.00;
A June 29, 009 personal check made payable to Kahilil Bunce in the
amount of $,000.00;
a June 29, 2 09 personal check made payable to Kahilil Bunce in the
amount of $,000.00;
a July 1,
The total
day period was $92,621.10
23. In addition,
between June 29, 2009 and
9 counter withdrawal in the amount of $16,000.00.
withdrawn via checks and counter withdrawals over this five (5)
withdrew $4,595.09 using a debit card at various locations
July 15, 2009.
4
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24. On or abou July 17, 2009, Metro's security department discovered that Metro had
improperly cashed the checks without endorsements from Chase Manhattan Bank and Citibank.
25. Metro immediately froze the Metro Account. At the time the Metro Account was
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frozen, there was $17,341.5 left in the Metro Account.
26. Recognizing that it should not have deposited the ESIS Checks into the Metro
Account without the requi ed endorsements from Chase Manhattan Bank and Citibank, Metro
returned the amount of $10,558.04 to the Minor by issuing checks identical to those issued by
i
ESIS, Inc. True and corre?t copies of the replacement checks are attached hereto as Exhibit "C"
and made a part hereof by ?eference.
COU T I- UNJUST ENRICHMENT/RESTITUTION
(Metro v. Nina)
27. The averme4ts in paragraphs 1 through 26 above are incorporated herein as if
fully set forth.
28. Nina has re?eived a substantial benefit in the amount of $97,216.18; a benefit
i
which has been fully appreciated by Nina.
29. Under the circumstances described herein, it is inequitable and unjust that Nina be
permitted to retain this ben?fit without making restitution to Metro.
i
30. If the Court does not grant the relief sought by Metro, Nina will have been
unjustly enriched to the detriment of Metro.
WHEREFORE, Metro respectfully requests that this Court enter judgment against
Defendant, Christabell Nina, in the amount of $97,216.18, plus prejudgment and post judgment
interest at the legal rate until said amount is paid in full, together with such other relief as the
Court deems just and appro riate under the circumstances.
5
31. The averments in paragraphs 1 through 30 above are incorporated herein as if
fully set forth.
32. The Bunces have individually and collectively received a substantial benefit in the
amount of at least $29,000100; a benefit which has been fully appreciated by the Bunces.
33. Under the circumstances described herein, it is inequitable and unjust that the
Bunces be permitted to ret in this benefit without making restitution to Metro.
34. If the Court does not grant the relief sought by Metro, the Bunces will have been
i
unjustly enriched to the detriment of Metro.
WHEREFORE,
Defendants, Kahilil Bunce
$29,000.00, plus prejudgm
paid in full, together with s
circumstances.
respectfully requests that this Court enter judgment against the
l Shamecca Bunce, jointly and severally, in the amount of
and post-judgment interest at the legal rate until said amount is
other relief as the Court deems just and appropriate under the
COUNT III - FRAUD
(Metro v. Nina)
35. The a
fully set forth,
in paragraphs 1 through 34 above are incorporated herein as if
36. Nina knew ?he did not have the right to cash the ESIS Checks for her own use and
benefit.
37. Nina knew
funds deposited into the N
Metro was mistaken in its belief that Nina was entitled to the
account.
6
38. Nina remai ed silent when good faith required her to disclose the truth to Metro.
39. Nina's activities, as described herein, were deceptive.
40. Metro suffe ed harm as a result of Nina's conduct as described herein.
41. Nina's con uct as described herein was willful, wanton, reckless and outrageous
so as to warrant the assess ent of punitive damages and attorney's fees against Nina.
WHEREFORE, M?tro respectfully requests that this Court enter judgment against the
Defendant, Christabell Nina, in the amount of $97,216.18, plus prejudgment and post judgment
interest at the legal rate
attorneys' fees and such
circumstances.
it said amount is paid in full, together with punitive damages, costs,
ier relief as the Court deems just and appropriate under the
COUNT IV - FRAUD
(Metro v. the Bunces)
to and/or in the alternati
42. The
fully set forth.
43. The Bunces
the ESIS Checks for Nina'!
44. The Bunces
deposited into the Metro
45. The Bunces
permitting Nina to withdr,
46. The Bunce
them.
in paragraphs 1 through 41 above are incorporated herein as if
knew or should have known that Nina did not have the right to cash
own use and benefit.
knew or should have known that Nina was not entitled to the funds
knew or should have known that Metro was mistaken in
v funds from the Metro Account.
knew that they had no entitlement to the $29,000.00 received by
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47. The Bunce knew they were aiding and abetting Nina in perpetrating a fraud on
Metro.
48. The Bunce remained silent when good faith required them to disclose the truth to
Metro.
49. The Bunce' activities, as described herein, were deceptive.
50. Metro suffe?ed harm as a result of the Bunces' conduct as described herein.
51. The Buncesl' conduct as described herein was willful, wanton, reckless and
outrageous so as to warran the assessment of punitive damages and attorney's fees against them.
WHEREFORE, Metro respectfully requests that this Court enter judgment jointly and
severally against the Defer dants, Kahilil Bunce and Shamecca Bunce, jointly and severally, in
the amount of $97,216.18, plus prejudgment and post judgment interest at the legal rate until
said amount is paid in full, together with punitive damages, costs, attorneys' fees and such other
relief as the Court deems ii
and appropriate under the circumstances.
COUNT V - CONSPIRACY
(Metro v. All Defendants)
52. The
fully set forth.
53. Nina and
which they were not enti
in paragraphs 1 through 50 above are incorporated herein as if
Bunces conspired with one-another to deprive Metro of funds to
54. The Defend nts' conspiracy with one-another resulted in harm to Metro.
55. The Defend nts' conduct as described herein was willful, wanton, reckless and
outrageous so as to
the assessment of punitive damages and attorney's fees against them.
8
WHEREFORE, M tro respectfully requests that this Court enter judgment against the
Defendants, Christabell Ni a, Shamecca Bunce and Kahilil Bunce, jointly and severally, in the
amount of $97,216.18 plu? prejudgment and post-judgment interest at the legal rate until said
amount is paid in full, together with punitive damages, costs, attorneys' fees and such other relief
as the Court deems just ano appropriate under the circumstances.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: 44M?-
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff,
Metro Bank
Date: July 16, 2010
9
524468vl
VERIFICATION
I, Mary Dik
Verification, I have read
true and correct to the
foregoing document
this Verification.
18 Pa. C.S.A. §4904
am an agent of Metro Bank and am authorized to make this
foregoing document and verify that the facts set forth therein are
of my knowledge, information and belief. To the extent that the
its language is that of counsel, I have relied upon counsel in making
that any false statements made herein are subject to the penalties of
to unswom falsification to authorities.
DATED' 7-
NLARY D -S ONG
u'LL 29 200 ,j 2: 44PM?R?0"'N?KREMINS
NO. 0026-P. 2
At IAS Par of the Supreme
Court of the State of New
York, County of Kings, at the
Courthouse located at 360
Adams S Brockly , .1 Y 11201
On the 4-4 day of , 2009
________r__.__.___?r?s - x
NAKWON ST. JOHN, Infant by his Mother sindd Wax No.:5813/06
Natural {guardian, TABEL NINA, and
CFHWTABEL N11?1A, i 'vidually
Plaintiffs, ORDER
- against
THE MIRACLE MAKEAS, INC. and CHILDREN'S
WORLD DAY CARE OBMM?
Defendants.
Upon reading an filing the Petition of CE MTABEL NINA,, sworn to on the 6th day of
?rr?? the,Q,vt?ded
March, 20A thqAffin ation of DAVID M. HOFFMAN, ESQ., datedM 'Z A the
f}fnwh-64 of ?¢r:d • f,bfFi , .SQ, d pl?i??lbrdoo%
A,ffwnation of Andrew Mr, NCD., dated January 26, 2009; and all the medical records
attendant to this matter;
compromising the
THOUSAND DO:
NOW on the
plain#iff herein, it is
ORDERED,
ST. JOHN, an infant i
nd it appearing that the best interests of the infant will be served by
in the amount of ONE HUNDRED AND SEVENTY 1rl'VE
($175,000.00;)
ofthe law firm of RASK N & KREMINS, LLP., attorneys for
CHRISTABEL NINA, the mother and natural guardian of NAKWON
der the age of fourteen years, is authorized and empowered and
i
f
t
t
Y
M, ;JUL. 29.2009,,,12:44PI d.o,.,.;Rl""N@KREMINS
t6i
NO. 0026 P. 3
directed to aornpromise d settle this cause of action on behalf of the infant plaintiff for
personal inju des sustained by the infant in the sure of ONB HUNDRED AND SEVENTY FIVE
THOUSAND DOLLAR? ($175,000.00); and it is further
ORDERED, ffi? the said amount of ONE H(WRED AND SEV MM FIVE
i
THOUSAND DOLLARS ($175,000,00) be paid by defendants, THE MIRACLE MAKERS,
INC. and CMDREIV' WORLD DAY CARE CENTER; and it is further
ORDERED, t said settlerneat be disomed as follows:
That out of said um, RASM & KREWNS, LLF be paid the amount of FIFTY
SEVEN THOUSAND WO HUNDRED SEVENTY NINE DOLLARS AND ONE CENT
($57,279.01) for attorneys' fees herein, and reimbursed it the amount ofTIiREE THOUSAND
ONE HUNDRED SIXlY TWO DOLLARS AND NINETY SIX CENTS ($3,162.96) for
ftbursermts herein, r a total of SD£TY THOUSAND FOUR HUNDRED FORTY ONE
DOLLARS AND SEVEN CENTS (S60,441.97); and it is further
ORDERER, th t the balance of the total amount of ONE HUNDRED AND SEVENTY
FIVE THOUSAND DOLLARS ($175,000,00)3 to wit, the sum of ONE HUNDRED
FOURTEEN THOUS.A ND FM HUNDRED AND Fin Y MGM DOLLARS AND THREE
CENTS ($114,556.03) be distributed as follows:
that
NINE DOLLARS AM
infant jointly with an a
to be deposited in said
guardia to the credit
sum of FIFTY SEVEN THOUSAND TWO HUNDRED SEVENTY
TWO CENTS ($57,279.02) be held for the sole use and benefit of said
icer of 6a ?kikww Bank in ?
auk is ft Bighest interest bearing accouu?t veilibn ithe name f Bald
said infant, subject to the further order of this Court;
58„2ow;J U L. 29. 2009,=12 : 4446m.w,
that
NINE DOLLARS
infant jointly with an
to be deposited in said
guardian to the credit c
i
z
ORDERED, d
payable to the Internal
taxes owed by the Infa
any, and it is further,
ORDERED,
settlement shall be
without further Court
"iNOKREMINS NO. 0026 P. 4
man, of FIFTY mvw THOUSAND TWO HUNDRED SEV£NTY
ONE CENT' ($57,279.01) be held for the sole use and benefit of said
D WAA
leer of iSwirrgsBaink in
fo
ank in the highest interest bearing account avails I in the name of said
said infant, subject to the further order of this Court, iw
and it is fiuther
the said banks shall, upon the presentation of passbooks, issue drafts
Service and the New York State Commissioner, for payment of
Plaintiff as the result of the interest accrued on the guardian account, if
the said depositories wherein the proceeds of such compromise and
pay over all monies held in the account to the infant upon demand and
when tho Infant reaches the apse of 16 years, upon presentment of
proper proof thereof 0 such depository, and it is Rather,
ORDERED, that the accounts are subject to renewal upon maturity, not to extend beyond
the Infant PWnWs 1$6 birthday; and it is furd=,
ORDERED, tat withdrawals before the Infant Plaintiff reaches the age of 18 years are
not permitted, except 4on further Order of this Court; and it is farther,
ORDERED. Oat the cause of action for loss of services and/or medical expenses is
waived and dismissed and it is fuuther.
ORDERED, that conditioned upon compliance with the terms of this Order,
CE RISTABEL NINA Abe and hereby is authorized and empowered to execute and deliver a
i
MI&Z"JUL.29.2009 12:45PM,.,..,,,R?""IN@KREMINS NO. 0026 P.
Y
}S
A
3 gencrai relcase and = other insuuuments necessary to effeetuata this settlement herein, and that
t
the filing of a bond is
! ese8-e?ispeM
r ?-t
i '
F,
A
i
etitiouer, CHRI3TA
waived; md it is#adwr
NINA, is
sash duly cxcouted General
R:
Sac.
DONALD Scoff KURTZ
SUPREME COURTJUSTICE
No. 759015
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Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
METTE, EVANS & WOODSIDE
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Phone: (717) 232-5000
Fax: (717) 236-1816
rlfinck@mette.com
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 10-4718 CIVIL TERM
CHRISTABELL NINA, SHAMECCA CIVIL ACTION - LAW/EQUITY
BUNCE, and KAHILIL BUNCE,
Defendants
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above-captioned action pursuant to Rule 401(b)(1)
of the Pennsylvania Rules of Civil Procedure.
Respectfully submitted,
METTE, EVANS & WOODSIDE
BY~ ~~I~~ ~ / it.~:~~.
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
Date: September 1, 2010 Attorneys for the Plaintiff
~~~ri Aga
F~~' . _.
T; __ , .
~ ' ~
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
Telephone: (717) 232-5000
rlfinck@mette.com
V~ ~ ~~
fl ._.~ _ ,.
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. ~ ~- y71$ ~t V i 1 ~P~w~
CHRISTABELL NINA, SHAMECCA
BUNCE, and KAHILIL BUNCE,
Defendant
CIVIL ACTION - LAW/EQUITY
NOTICE
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. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
_ 717-249-3166
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Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
Telephone: (717) 232-5000
rlfinck@mette.com
METRO BANK,
Plaintiff
VS.
CHRISTABELL NINA, SHAMECCA
BUNCE, and KAHILIL BUNCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW/EQUITY
COMPLAINT
The Plaintiff, Metro Bank ("Metro") by and through its attorneys, Mette, Evans &
Woodside, files this Complaint against the Defendants, Christabell Nina ("Nina"), Shamecca
Bunce ("Shamecca") and Kahilil Bunce ("Kahilil") (collectively the "Defendants"), as follows:
PARTIES
1. Metro is a Pennsylvania financial institution organized and existing under the
laws of the Commonwealth of Pennsylvania with a principal place of business at 3801 Paxton
Street, Harrisburg, PA 17111.
2. Nina is an adult individual believed to be residing at 836 Factory Street, Carlisle,
PA 17013.
3. Shamecca Bunce and Kahilil Bunce (collectively the "Bunces") are adult
individuals and husband and wife residing at 250 South Bedford Street, Carlisle, PA 17013.
JURISDICTION AND VENUE
4. Jurisdiction and venue are appropriate in this Court because the Defendants reside
in Cumberland County, Pennsylvania.
Jurisdiction and venue are appropriate in this Court because the events and
transactions out of which Metro's claims arose occurred in Cumberland County.
BACKGROUND INFORMATION
6. Nina is the mother and natural guardian of Nakwon St. John ("Minor"), a minor.
7. On or about Apri19, 2009, the Supreme Court for Kings County, New York,
issued an Order in the case of Nakwon St. John, an Infant by his Mother and Natural Guardian,
Christabell Nina, and Christabell Nina, Individually v. The Miracle Makers, Inc. and Children's
World Day Care Center, Index No. 5813/06. A true and correct copy of the Kings County
Supreme Court's Order dated Apri19, 2009 is attached hereto as Exhibit "A" and made a part
hereof by reference.
Pursuant to the Apri19, 2009 Order, a settlement in the amount of $114,558.03
was paid by the insurer of the defendants in the New York proceedings for injuries sustained by
the Minor.
9. Pursuant to the Apri19, 2009 Order, the insurer, ESIS, Inc., issued the following
checks:
a. Check No. FA79497519 in the amount of $57,279.02 payable to
"CHRISTABELL NINA M/N/G of NAKWON ST. JOHN AND AN
2
OFFICER OF CHASE MANHATTAN BANK, BRONCS, NEW YORK,
BRONCS, NEW YORK 10451";
b. Check No. FA79497523 in the amount of $57,279.02 payable to `-
"CHRISTABELL NINA M/N/G OF NAKWON ST. JOHN AND AN
OFFICER OF CITIBANK, 550 HUNTS PT AVE., BRONCS, NEW
YORK, BRONCS, NEW YORK 10474.
(collectively the "ESIS Checks") True and correct copies of the ESIS Checks are attached hereto
as Exhibit "B" and made a part hereof by reference.
10. When Nina discovered that the checks were going to be issued by the insurer, she
enlisted the assistance of the Bunces in cashing the checks at a Pennsylvania bank.
11. The Bunces were introduced to Nina by Kahilil's sister, Jenita Bunce. Prior to
June of 2009, the Bunces and Nina did not know one-another.
12. Nina and the Bunces talked via telephone in or about early June of 2009. Nina
informed the Bunces that she was expecting the ESIS Checks and that she wanted to come to
Pennsylvania to cash them.
13. The ESIS Checks were delivered to Nina while she was living in New York.
14. On or about June 18, 2009, Nina came to Carlisle, Pennsylvania and met the
Bunces. This was the first time Nina and the Bunces met one-another, face-to-face.
15. Nina endorsed and deposited the ESIS Checks into an account in Nina's name at
Metro (the "Metro Account") on June 19, 2009.
16. The ESIS Checks were not endorsed by Chase Manhattan Bank or Citibank.
17. Nina immediately started withdrawing funds from the account.
3
18. The Bunces took her to several different Metro bank branches in order to
withdraw the money in smaller sums so as not to arouse suspicion.
19. Nina wrote checks directly to the Bunces.
20. The checks to the Bunces were not for any particular good or service or to satisfy
a legitimate debt owed to the Bunces.
21. From June 27, 2009 until July 1, 2009, Nina made the following withdrawals
from the Metro Account;
a. a June 27, 2009 personal check made payable to Kahilil Bunce in the
amount of $8,000.00;
b. a June 27, 2009 cashier's check made payable to Value City Furniture in
the amount of $7,863.95;
c. a June 27, 2009 cashier's check made payable to Don Diehl Realty in the
amount of $5,141.60;
d. a June 27, 2009 cashier's check made payable to Don Diehl Realty in the
amount of $805.00;
e. a June 29, 2009 counter withdrawal in the amount of $33,810.55;
f. a June 29, 2009 personal check made payable to Shamecca Bunce in the
amount of $7,000.00;
g. A June 29, 2009 personal cheek made payable to Kahilil Bunce in the
amount of $7,000.00;
h. a June 29, 2009 personal check made payable to Kahilil Bunce in the
amount of $7,000.00;
i. a July 1, 2009 counter withdrawal in the amount of $16,000.00.
22. The total amount withdrawn via checks and counter withdrawals over this five (5)
day period was $92,621.10.
23. In addition, Nina withdrew $4,595.09 using a debit card at various locations
between June 29, 2009 and July 15, 2009.
4
24. On or about July 17, 2009, Metro's security department discovered that Metro had
improperly cashed the checks without endorsements from Chase Manhattan Bank and Citibank.
25. Metro immediately froze the Metro Account. At the time the Metro Account was
frozen, there was $17,341.85 left in the Metro Account.
26. Recognizing that it should not have deposited the ESIS Checks into the Metro
Account without the required endorsements from Chase Manhattan Bank and Citibank, Metro
returned the amount of $114,558.04 to the Minor by issuing checks identical to those issued by
ESIS, Inc. True and correct copies of the replacement checks are attached hereto as Exhibit "C"
and made a part hereof by reference.
COUNT I- UNJUST ENRICHMENT/RESTITUTION
(Metro v. Nina)
27. The averments in paragraphs 1 through 26 above are incorporated herein as if
fully set forth.
28. Nina has received a substantial benefit in the amount of $97,216.18; a benefit
which has been fully appreciated by Nina.
29. Under the circumstances described herein, it is inequitable and unjust that Nina be
permitted to retain this benefit without making restitution to Metro.
30. If the Court does not grant the relief sought by Metro, Nina will have been
unjustly enriched to the detriment of Metro.
WHEREFORE, Metro respectfully requests that this Court enter judgment against
Defendant, Christabell Nina, in the amount of $97,216.18, plus prejudgment and post judgment
interest at the legal rate until said amount is paid in full, together with such other relief as the
Court deems just and appropriate under the circumstances.
COUNT II -UNJUST ENRICHMENT/RESTITUTION
(Metro v. the Bunces)
31, The averments in paragraphs 1 through 30 above are incorporated herein as if
frilly set forth.
32. The Bunces have individually and collectively received a substantial benefit in the
amount of at least $29,000.00; a benefit which has been fully appreciated by the Bunces.
33. Under the circumstances described herein, it is inequitable and unjust that the
Bunces be permitted to retain this benefit without making restitution to Metro.
34. If the Court does not grant the relief sought by Metro, the Bunces will have been
unjustly enriched to the detriment of Metro.
WHEREFORE, Metro respectfully requests that this Court enter judgment against the
Defendants, Kahilil Bunce and Shamecca Bunce, jointly and severally, in the amount of
$29,000.00, plus prejudgment and post judgment interest at the legal rate until said amount is
paid in full, together with such other relief as the Court deems just and appropriate under the
circumstances.
COUNT III -FRAUD
MMetro v. Nina)
(In addition to and/or in the alternative to Count I)
35. The averments in paragraphs 1 through 34 above are incorporated herein as if
fully set forth.
36. Nina knew she did not have the right to cash the ESIS Checks for her own use and
benefit.
37. Nina knew that Metro was mistaken in its belief that Nina was entitled to the
funds deposited into the Metro account.
6
38. Nina remained silent when good faith required her to disclose the truth to Metro.
39. Nina's activities, as described herein, were deceptive.
40. Metro suffered harm as a result of Nina's conduct as described herein.
41. Nina's conduct as described herein was willful, wanton, reckless and outrageous
so as to warrant the assessment of punitive damages and attorney's fees against Nina.
WHEREFORE, Metro respectfully requests that this Court enter judgment against the
Defendant, Christabell Nina, in the amount of $97,216.18, plus prejudgment and post judgment
interest at the legal rate until said amount is paid in full, together with punitive damages, costs,
attorneys' fees and such other relief as the Court deems just and appropriate under the
circumstances.
COUNT IV -FRAUD
Metro v. the Bunces)
(In addition to and/or in the alternative to Count II)
42. The averments in paragraphs 1 through 41 above are incorporated herein as if
fiilly set forth.
43. The Bunces knew or should have known that Nina did not have the right to cash
the ESIS Checks for Nina's own use and benefit.
44. The Bunces knew or should have known that Nina was not entitled to the funds
deposited into the Metro accounts.
45. The Bunces either knew or should have known that Metro was mistaken in
permitting Nina to withdraw funds from the Metro Account.
46. The Bunces knew that they had no entitlement to the $29,000.00 received by
them.
7
47. The Bunces knew they were aiding and abetting Nina in perpetrating a fraud on
Metro.
48. The Bunces remained silent when good faith required them to disclose the truth to
Metro.
49. The Bunces' activities, as described herein, were deceptive.
50. Metro suffered harm as a result of the Bunces' conduct as described herein.
51. The Bunces' conduct as described herein was willful, wanton, reckless and
outrageous so as to warrant the assessment of punitive damages and attorney's fees against them.
WHEREFORE, Metro respectfully requests that this Court enter judgment jointly and
severally against the Defendants, Kahilil Bunce and Shamecca Bunce, jointly and severally, in
the amount of $97,216.18, plus prejudgment and post judgment interest at the legal rate until
said amount is paid in full, together with punitive damages, costs, attorneys' fees and such other
relief as the Court deems just and appropriate under the circumstances.
COUNT V -CONSPIRACY
(Metro v. All Defendants)
52. The averments in paragraphs 1 through 50 above are incorporated herein as if
fully set forth.
53. Nina and the Bunces conspired with one-another to deprive Metro of funds to
which they were not entitled.
54. The Defendants' conspiracy with one-another resulted in harm to Metro.
55. The Defendants' conduct as described herein was willful, wanton, reckless and
outrageous so as to warrant the assessment of punitive damages and attorney's fees against them.
WHEREFORE, Metro respectfully requests that this Court enter judgment against the
Defendants, Christabell Nina, Shamecca Bunce and Kahilil Bunce, jointly and severally, in the
amount of $97,216.18 plus prejudgment and post-judgment interest at the legal rate until said
amount is paid in full, together with punitive damages, costs, attorneys' fees and such other relief
as the Court deems just and appropriate under the circumstances.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: dY~ _ ~1.
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff,
Metro Bank
Date: July 16, 2010
9
524468v1
VERIFICATION
I, Maiy Dishong, am an agent of Metro Bank and am authorized to make this
Verification, I have read the foregoing document and verify that the facts set forth therein are
true and correct to the best of my knowledge, information and belief. To the extent that the
foregoing document and/or its language is that of counsel, I have relied upon counsel in making
this Verification.
I understand that any false statements made herein are subject to the penalties of
18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
DATED ~ _ / ~ _ ! ( C~/ ~ ~
MARY ~ ONG
'~l1L.29.2009 12:44PMedaf(mi.,oR~ •TN~KREMINS
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At IAS Paxt~/ of the SupremE~
Court of the State of New
Yark, County of Kings, at the
Courthouse located at 360
Adams St,~ Broakly , •~Y 1].241
On the ,~ day of 2009
_----~•-____._-~~~ -------~-X
NAKWON ST. rOHN, an Infant by his A+Icthor axut
Natural {~uatdian, CHRTSSABES. NINA, and
CHRISTABFL NINA, iudividaally
Plaint's,
against
T~ MIRACLE MAI~RS, INC. and CHILDREN'S
'WORLD DAY' CARE GENT~t,
Defender~ts.
_.~ ~_.____.~._..-_.~_ w,,,..~__~_...._~x
Index Na.:58I3/p6
ORDER
Upon reading and filing the petitions of CHI27STABEL NIlVA,, sworn to ors the 6th day of
F~~r°~~ t~,~„~.sded
lvlarch, 204', the Affirmation of DAViD N1. HOFF~vl~1~, ESQ., dated~~ir~5, ~fl~~ Che
~ f~~gAo,~ a~ ~~%d ~• t~aft.~.SA , d ~~ti lL~8oo9~
Affirmation of Andz~w 1VIiIIer, bd.Y~., dated Janaary 26, 2009; and all the medial records
attendant to this matter; and it appearing that the b$st interests of the infant will be served by
compromising the aatian in the amount of ONE HUNDRED AND SEVENTY FIVE
THOUSAND DOLLARS (S 175,440.44;)
NO'S' on the motion ofthe law firm of RASKT'N & KREMINS, LY.p., attomcys for
phdntiff herein, it is hereby,
URIyE1~ED, that CHRYSTABEL NIldA, the mother' and natural guardian of NAKWON
ST. JOHN, an infant wader the agb of fourteen years, is authorised and empowered 8.nd
EXHIBIT
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5si;JU,1..29.2009,12:44PM,,,pp,,,,,,:R~""'N~KREMINS N0. 0026 P. 3
directed to compromise and settle this cause of action an behalf of the infant plaintiff fox
personal iIIjuries sustained by the infar-t in the suxm o£ ONF Z~UNDRED AND SEVEN'T'Y FIVE
THOUSAND DOLLARS (5175,000.00); and it is fiuttler
QRDEREA, that the said amount of ONE H[TNDI[tED AND SEVENTY l+~V'L'
THOLJSANA DOLLARS ($175,000,00) be paid by defeztdsnts, TFXE MIItACLE IIrIAKE1tS,
INC. aad CI~LDREN'S WORLD DA''~' CARE CENTER; and it is further
~OF~UERED, that sadd settlement be disbursed as follows:
That oat of said sum, RASI~N &KREMiNS, LL.Y be paid tho amount o£FIFT'Y
SEVEN THOUSAND TW O AI3NARED SEVENTY N.II~1'1~ DOLLARS AND ONE GENT
($57,279.01) £or attorneys' £ees hexein, and reimbursed in the amount ofTHRE>a THOUSAND
ONE HUNDRED SI3~TY `r"4VY3 DOLLARS ANn NINETY ~TX CENTS ($3,1.62.9 far
disburseluents herei~a, for a total of SI~1'Y TI30U5AND FOUR IiUN]3it~ED Ft?1tTY ONE
DOLLARS AND NINETY SEVEN GENTS (560,441.97); and it is further
::
bItDEItEI1~, that tha balance of the total amannt of ONE HUNDIZED AND SEVENTY
FIVE TFT4USAND DOLI,~ARS ($175,000.x0), to wit, tlae sum of ONE HUNDRED
FOURTEEN' °I~IOUSAND FIVB HCJAiDRED AND Fi~'T~' ]~Gr~'T DOLLARS AND 'THREE
CEI~i'TS ($1,14,538.03), be distributed as follows:
-- that the swn of FIFTY SEVEN T~iOU'SAI~ TWO HTJNDXtED SEVENTY
• NINE DOLLARS AND TWO C1~1'I'S (557,279.02) be held far tha sale use and benefit o£ said
infant faintly with an otEcer of ~~~ Bazzk in ~. •l~a ~
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• to be deposited in said bank iu the highest imterest bearing account vaiiab a in the Mme f said
guardi~;n to tlae credit of said infant, subject to the further order o£ this Court;
y ~1;JUL. 29.2009i~12:44PM,~e~,.rR' "iN~KREMINS N0.0026 P. 4
. --that the svm of Flk'TY SEVEN TI~OUSAND 'l'V~O F3UNDRBD SEVENT'Y'
~~ pOL1:,ARS ANU ONE CENT' ($57,279.01 be held for the sole use and benefit of said
infant jointly with an officer of sEaztk in ~ ~~
. ~ ~~~
to be deposited in said bank in the highest ingestgearing account avails le in the Warne of said
guardian to the credit of said infant, sv~bject to the further order t~f this Court, 8
~ t
i \ • ~ nn ,
? ~ ~ ~, ••.,~+S,~~t„~,Y~ '^, - - - - and it is fiuther
OR~DEREb, that t17e said banks shall, apon the presentation of passbooks, issue dn~ts
payable to the Internal Revenue Service and the New York State Commissioner, for pay~tent of
taxes owed by the Infant Plaintiff as the result ofthe interest accrued on the guardian account, if
any, and it is iurther,
URAEREb, that the said depositories wherein the proceeds of such compromise and
setdenr~mt shall be held, pay over all monies held in the account to the infant upon demand and
without further Court order when tha infant reaches the age of 1 B years, upon presentment of
proper proof thereof to such depository, crud it is fiuthcr,
ORDERED, that the accounts are subject to renewal upon maturity, not to extend boyond
the Infant Piaintif~s 18s' birthday, and it is further,
ORDERED, that withdrawals before the Infant Plaintiff xeachos the age of 18 years are
rzot permitted, except upon further Order of this Court; and it is further,
QRAERED, that the cause of action for loss of scrvtces and/or medical expenses is
waived and dismissed; and it is further,
ORDEIIt,EA, that conditioned upon compliance with the terms of this Order,
CHRISTAI3EL NINA be and herelsy is authorized and empowered to execute and deliver a
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.~ general release and gay other instruments necessary to effectuate this settlement herein, and that
a the filing of a bond is herrby waived;
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~„ eii#iouer, CHRI.STABl3L NINA, is authariz is such duly +~cecuted general
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EXHIBIT
Page 1 of 2
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RE:
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>031301846<
Metxo Bank Hub #01
2009-12-22
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IXHIBIT
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•• '•'•;
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the perssr~~s}
and in the manner indicated below, which service satisfies the requirements of the Pennsylvam
Rules of Civil Procedure, by depositing a copy of same in the United States Mail at
Pennsylvania, with first-class postage, prepaid, as follows:
Christabell Nina
836 Factory Street
Carlisle, PA 17013
Respectfully submitted,
METTE, EVANS & WOODSIDE
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 -Phone
(717) 236-1816 -Fax
Attorneys for Plaintiff
Date: September 1, 2010
I'
0
_~ ,~ ~~
~a ~ ~,
,=
530157v1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~'~-" "` ' ""'
Sheriff ~~ ~ aT~`~~~~
~g~atr pC ~rrrnb~r~~~
Jody S Smith '~ ., .~~ ~~p - ~ aM 10' ~ 5
Chief Deputy ~' - ~'-= - ~'~'
,~;~ f.:.. ,,~~
~,ay,
Richard W Stewart (~M~~! ~'~~dU ~UN~
Solicitor F'cE gar ,"' `"~~!FF IaENNSYLVANlA
Metro Bank
vs. Case Number
Christabell Nina (et al.) 2010-4718
SHERIFF'S RETURN OF SERVICE
07/20/2010 08:25 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 20,
2010 at 2025 hours, he served a true copy of the within Complaint in Equity, upon the within named
defendant, to wit: Christabell Nina, by making known unto herself personally, at 836 Factory tree
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the sa a tim an g t er
personally the said true and correct copy of the same.
ARK CONKLIN, DEPUTY
07/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Shamecca Bunce, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Equity as not found as to the defendant Shamecca
Bunce. Request for service at 250 S. Bedford Street, Carlisle, PA 17013 does not exist.
08/31/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Kahilil Bunce, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Equity as not found as to the defendant Kahilil
Bunce. Request for service at 250 S. Bedford Street, Carlisle, PA 17013 does not exist.
SHERIFF COST: $81.24 SO ANSWERS,
August 31, 2010 RON R ANDERSON, SHERIFF
{cj County5uite Sheriff. Teleosoff. Inc.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
OFFICE ' T E SF;RSFF
T ' E , c. s1 C? 7 a
OeV it 3:??rw
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2010 S71' 2 r}"110: 2
Metro Bank
vs.
Christabell Nina (et al.)
Case Number
2010-4718
SHERIFF'S RETURN OF SERVICE
09/10/2010 03:16 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
10, 2010 at 1516 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Kahilil Bunce, by making known unto himself personally, at 150 S. Bedford Street,
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him
personally the said true and correct copy of the same.
DEN S FRY, DEFNIITY?
09/22/2010 05:10 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
22, 2010 at 1710 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Shamecca Bunce, by making known unto herself personally, at 150 S. Bedford Street,
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
DEN WS FRY, D U
SHERIFF COST: $55.24
September 23, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
!c) Coun;ySuite Sheriff. T7eieosoff. inc.
PROTHONO
i; SEP 12 P1112; 38
CUMBERLAND COUNTY
PENNSYLVANIA
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
METTE, EVANS & WOODSIDE
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Phone: (717) 232-5000
Fax: (717) 236-1816
rlfinck@mette.com
METRO BANK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 10-4718 CIVIL TERM
CHRISTABELL NINA, SHAMECCA : CIVIL ACTION — LAW/EQUITY
BUNCE, and KAHILIL BUNCE,
Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTONOTARY:
Please mark the above -captioned action as discontinued and ended.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
Navvd-A 4rA,"-=°S
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
Date: September 10, 2014 Attorneys for the Plaintiff
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Christabell Nina
836 Factory Street
Carlisle, PA 17013
Kahilil Bunce
150 South Bedford Street
Carlisle, PA 17013
By:
Date: September 10, 2014
738790v!
Shamecca Bunce
150 South Bedford Street
Carlisle, PA 17013
Respectfully submitted,
METTE, EVANS & WOODSIDE
Ronald L. Finck, Esquire
Sup. Ct. I.D. No. 89985
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff