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Home My WebLink About05-0993 ELIZABETH NOT ARFRANCESCO, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. DS' - 9?..3 C{'u,L ~ 8L-VYI. v. ANTHONY D. NOT ARFRANCESCO, (An Individual) and SOVEREIGN BAN CORP AND SOVEREIGN BANK, (A Corporation) : CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant. 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 ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim orreliefrequested 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITHIN INFORI\M TION 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 A venue Carlisle. Pennsylvania 170] 3 (717) 249-3166 I , II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (71"7'''''''''' -- - ELIZABETH NOT ARFRANCESCO, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, :No. OS - qq3 C~();L '-rBL\ ANTHONY D. NOT ARFRANCESCO, : CIVIL ACTION - LAW (An Individual) and : JURY TRIAL DEMANDED SOVEREIGN BANCORP AND SOVEREIGN BANK, (A Corporation) Defendants. COMPLAINT AND NOW, comes the Plaintiff, Elizabeth Notartfancesco, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Complaint, and in support thereof, avers as follows: 1. Plaintiff is Elizabeth Notarfrancesco, an adult individual residing in Cumberland County, Pennsylvania (hereinafter "Plaintiff'). 2. Defendant, Anthony D. Notarfrancesco (hereinafter "Defendant Notarfrancesco"), is an adult individual who previously resided in Cumberland County, Pennsylvania and now resides in Baltimore, Maryland. 3, Plaintiffs cause of action against Defendant Notarfrancesco arose in Cumberland County, Pennsylvania. 4. Defendant, Sovereign Bancorp and Sovereign Bank (hereinafter "Defendant Sovereign"), is a corporation which regularly conducts business in Cumberland County, Pennsylvania, I ,I Ii MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P_O. BOX 1062 . HARRISBURG, PA 17108 1717\ ?"\R_QA.?R . FAX (717) ?~R_?Fl17 5, Plaintiff is married to Defendant Notarfrancesco. Plaintiff and Defendant Notarfrancesco are currently separated and Plaintiff has filed a Complaint in Divorce, which is currently pending in Cumberland County, Pennsylvania. 6. Defendant Notarfrancesco is a Certified Public Accountant and Partner with the accounting firm of Price Waterhouse Coopers, LLP (hereinafter "PWC"). 7, As a result of Defendant Notarti-ancesco's position with PWC, the parties routinely filed joint income tax returns in several states, including Pennsylvania, New Jersey and Ncw York. 8, In the fall of 2003, the parties received joint income tax returns based on their joint income tax filings in these various statcs, 9. The checks for these j oint income tax returns were delivered to the home of Plaintiff and Defendant Notarffancesco in Cumberland County, Pennsylvania, 10, Plaintiff saw at least two checks. however the checks subsequently disappeared from the home. When Plaintiff questioned Defendant Notarfrancesco about the checks, he repeatedly represented to Plaintiff that the checks never existed. Defendant Notarfrancesco later represented to Plaintiff that his salary from PWC was reduced and that these checks had to be repaid to PWC. II, Plaintiff never endorsed the joint income tax return checks. 12. Plaintiff recently discovered that as least three joint income tax return checks, totaling $9,674.00 were deposited in an account that Defendant Notarfrancesco maintained with Defendant Sovereign. This account was in Defendant Notarfrancesco's name alone. MEYERS, OESFOR, SALTZGIVEA & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717\ 236-9428 . FA'J( 171/; 'J":l~_,)Oi"7 13, Until recently, Plaintiff had no knowledge ofthe existence of the Sovereign Bank account in Defendant Notartfancesco's name alone, 14. All statements to said account were sent to Defendant Notarfrancesco's place of business, rather than the parties' home. 15. Plaintiff has since discovered that Defendant Notarfrancesco used the funds in the Sovereign Bank account, in large part, to tinance an extra-marital affair, including purchasing gifts for his paramour. COUNT I - CONVERSION (AGAINST DEFENDANT NOT ARFRANCESCO) 16. The averments of paragraphs one through fifteen are incorporated herein by reference. 17. Plaintiff had a possessory right to the joint income tax return checks received by the parties. 18. Defendant Notarfrancesco intentionally exercised dominion and control over the joint income tax return checks. 19. Defendant Notarfrancesco's actions in exercising dominion and control over the joint income tax return checks resulted in an unlawful or serious deprivation and intertered with Plaintitrs possessory rights. 20, Defendant Notarfrancesco had no lawful justification for depriving Plaintiff of her right to or interfering with her possession of the joint income tax return checks, 21. Defendant NotarfTancesco acted with malice, indifference and/or recklessness MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STAEET . P.O. BOX 1062 . HARRISBURG, PA 17108 1717\ ?:1n_QA?l=l . t;/lV I...,....,' ......... "'-,- in converting the joint tax return checks to his individual use. WHEREFORE, Plaintiff prays that this Honorable Court enter judgment against Defendant Notarfrancesco for damages in the amount of$9674.00 plus interest and costs, as well as punitive damages and any other relief that the Court deems appropriate. COUNT II - VIOLA nON OF THE PENNSYLVANIA UNIFORM COMMERCIAL CODE (AGAINST DEFENDANT SOVEREIGN) 22. The averments of paragraphs one through twenty-two are incorporated herein by reference, 23. Pursuant to 13 Pa. C.S.A. !i 31] 6(b). an instrument payable to two or more persons if not in the alternative is payable to all ofthem and may be negotiated only by all of them. 24. Pursuant to 13 Pa, C.S.A. !i 3420(a), an instrument is converted if a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or recei Ve payment. 25. Defendant Notarfrancesco was not entitled to receive payment for the joint income tax return checks without the endorsement of Plaintiff. 26. Defendant Sovereign made payment to Defendant Notarfrancesco for the joint income tax return checks without the endorsement of Plaintiff. 27. Plaintiff did not consent to the deposit oftl1e joint income tax return checks into the account maintained solely by Defendant Notarfrancesco with Defendant Sovereign. I I Ii MEYERS, DESFOR, SALTZGlVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-942R . FAY 1717\ ')':1&::_')0""7 28, Defendant Sovereign acted witb malice.. indifference and/or recklessness in accepting the joint tax return checks ror deposit without Plaintiffs endorsement. WHEREFORE Plaintiff prays that this Honorable Court enter judgment against Defendant Sovereign for damages in the amount of $9674.00 plus interest and costs, punitive damages and any other relief deemed appropriate by tbe Courl. A JURY TRIAL IS DEMANDED Respecttully submitted, ~ Catherine A, Boyle, Esquire Attorney J.D. No. 76328 ~I~ ~,rl:L Kel . K, "it, Esquire Attorney J.D. No. 77415 Meyers, Destor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, P A 17108 (717) 236-9428 Dated: 4~ 'I Ioc;- , I MEYERS, DES FOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717\ 2~R-!:j4?R . ~lI.)( (717\ 'J~&:_'JQ17 VERIFICATION I, Elizabeth Notarfrancesco , verify that the statements made in this Complaint are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 2/24/2005 Plaintiff Defendant MEYERS, DESFQR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 (.) iA- 8 1 T\ U( ?'1 ) <rt C': ; .....\ - , cr' -;'-!l - ~ Q -1'\ '" ~ " ~ ',''; 0- r-') -::t (~, -t::: -",...., 1- - ,'"n - (:: ~ C,) - ELIZABETH NOT ARFRANCESCO, Plaintiff, v. ANTHONY D. NOTARFRANCESCO, (An Indiyidual) and SOVEREIGN BANCORP AND SOVEREIGN BANK, (A Corporation) Defendants. : IN THE COURT OF COMMO PLEAS : CUMBERLAND COUNTY, P NNSYLV ANIA : No, 05-993 Civil Term : CIVIL ACTION - LAW : JURY TRlAL DEMANDED PRAECIPE TO THE OFFICE OF THE PROTHONOTARY: Kindly withdraw without prejudice the Complaint in the above-referen ed matter filed by the Plaintiff on or about February 25,2005. I I II I /A. \ I e , I Attorney LD. 76328 I Meyers. Destor. Saltzgiver & Boyle! 4] 0 North Second Street \ P.O, Box 1062 I . . - . ! Harnsburg. l' A 17108 ' (7] 7)236-9428 Attorney tor Plaintiff Respectfully submitted, ~r:;; Catherine A Boyle, Esq MEYERS, OESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET .. P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717) 236-2817 ELIZABETH NOTARFRANCESCO, Plaintiff: : IN THE COURT OF COMMOl PLEAS : CUMBERLAND COLJNTY, P ~NNSYL VANIA v. : No, 05-993 Civil Term ANTHONY D. NOT ARFRANCESCO, : CIVIL ACT10N - LA W (An Individual) and : JURY TRIAL DEMANDED SOVEREIGN BAN CORP AND SOVEREIGN BANK, (A Corporation) CERTlFICATE OF SERVICE I \ \ I " 'I \ Defendants. I hereby certify that on this ;21 'jj:: day oC_&s- k , 2005, a copy ofihe attached Praecipe was sent VIA Regular U,S. Mail, postage pre-paY to: \ Anthony Notarti'ancesco \ c/o Donald T. Kissinger, Esq. Howett, Kissinger & Conley 130 Walnut Street Harrisburg, PAl 71 01 Sovereign l3ank 17 West 11igh Street Carlisle, Pennsylvania 170 13 L, i \ I \ \ \ MEYERS, DESFOR. $ALTZGIVEA & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 (") S'"~" '.';.. -(:0.'1 rT'I'\ ::::.-... / (:') ::- l;~~. -" -< r-> """ = coT' ~ ~ N N o ;'(1 _-4 :r:"n rnf;'; -C"iT' --,9 '::'.1~~.) '3,t~ :;r: :'1.) .< -v :;i: (.,) .r- --' ELIZABETH NOT ARFRANCESCO Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-993 CIVIL TERM ANTHONY D, NOTARFRANCESCO (an individual) and SOVEREIGN BANCORP AND SOVEREIGN BANK (a corporation) Defendants CIVIL ACTION - LAW PRAECIPE To the Prothonotary: Please enter my appearance as co-counsel with Howell, Kissinger Conley & Holst, P.e. on behalf of the Defendant, Anthony D. Notarfrancesco, in the above-captioned matter. <....--. ....---..-..---.--- --~- ,,,-,,., Date: N!,Jd!o; r....~, '..-'.., ~jl .--} \..-~ --I, .--{ ---c ;-11 ," .""-' f'...:' '(.;.) \.t-.~ ~ ~ -~,