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Home My WebLink About01-5575IN THE COURT Of COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK 449 Eisenhower Boulevard Harrisburg, Pennsylvania 17111 Plaintiff Case No. o/- rS, RICHARD W. KANE, JR. 111 West Chapel Avenue Carlisle, Pennsylvania 17013 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 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK 449 Eisenhower Boulevard Harrisburg, Pennsylvania 17111 Plaintiff Case No. rS, RICHARD W. ICA, NE, JR. 111 West Chapel Avenue Carlisle, Pennsylvania 17013 Defendant AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFIClNA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK 449 Eisenhower Boulevard Harrisburg, Pennsylvania 17111 Plaintiff VS. RICHARD W. KANE, JR. 111 West Chapel Avenue Carlisle, Pennsylvania 17013 Defendant COMPLAINT AND NOW comes the Plaintiff, Waypoint Bank, by and through its attorney, Benjamin F. Riggs, Jr., Esquire, and complains of Defendant Richard W~ Kane, Jr. as follows: PARTIES 1. Waypoint Bank (hereinafter "Plaintiff"), is, was and all times hereafter mentioned, a national banking institution organized and existing under the laws of the United States of America with its principal business address of 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. Defendant Richard W. Kane, Jr. (hereinafter "Defendant") is an adult individual residing at 111 West Chapel Avenue, Carlisle, Cumberland County, Pennsylvania 17013. FACTUAL BACKGROUND 3. On or about May 14, 2001, Defendant received a check in the amount of Ten Thousand Nine Hundred Fifty Six and 62/100 Dollars ($10,956.62) from Plaintiff Waypoint Bank due to a clerical error. Copy of the check is attached hereto, made a part hereof and incorporated herein by reference and marked as Exhibit A. 4. Plaintiff erroneously distributed funds to Defendant while handling a garnishment action. Defendant received Ten Thousand Nine Hundred Fifty Six and 62/100 Dollars ($10,956.62) from the garnishment of Evonne L. Garner's (Waypoint depositor) account even though garnisher's account contained no funds. 5. On July 10, 2001, Plaintiff mailed a letter to the Defendant demanding the return of the Ten Thousand Nine Hundred Fifty Six and 62/100 Dollars ($10,956.62). 6. Plaintiff is bringing this action against Defendant to recoup the funds that are owed to Plaintiff by Defendant as a result of Defendant being unjustly enriched by Plaintiff's error. 7. The Defendant has failed to return these monies owed to Waypoint and has unlawfully converted said monies for his own use. WHEREFORE, Plaintiff Waypoint Bank prays for judgment in its favor and against Defendant Richard W. Kane, Jr. in the amount of Ten Thousand Nine Hundred Fifty Six and 62/100 Dollars ($10,956.62) plus post-judgment interest, attorney's fees, costs and other just and equitable relief this Court deems appropriate. Respectfully submitted, BenJamin F R~ggs, Jr Attorney for Plaintiff Waypoint Bank P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 TO THE ORDE~ p~% ~CDU O~ ,:O~0O08Ba,:&6,'~0O?&5 :',&:-a&?58q PLEASE RETAIN THIS VOUCHER FOR YOUR RECORDS 361867589 5/14/0~ 000000000400713 EVO~ L GAI~R SS 163-60-5253 $*****10,95g.62 PO SOX 1711 · HARRISBURG. PENNSYLVANIA 17105.1711 235 N. SECOND STREET · HARRISBURG, PENNSYLVANIA 17101 - 717/236-4041 YI Wag p.o.i n.l: OFFICIAL CHECK WAYPOINT BANK COPY PURCHASER TAX ID NUMBER 000000000 5/14/01 000000000&00713 EVONNE L GAR/qER SS 163-60-5253 TEN THOUgAND NINE HUNDKED FIFTY-SIX AND 62/100 361867589 CREDIT 10,956.62 CHECK MADE PAYABLE TO: PA $CDU 2204 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am the ~' 6'~'~-~ '~'~?e'~/ ~'"~:~f 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. WAYPOINT BANK Dated: Michael M~yer ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJtND WAYPOINT BANK VS KANE RICHARD W JR R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: KANE RICHARD W JR but was unable to locate H~m in his bailiwick. deputized the sheriff of ADAMS County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On October 12th , 2001 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Adams Co 20.80 .00 57.80 10/12/2001 WAYPOINT BANK Sworn and subscribed' to bef~ re me this /~ day of ~ Sheriff of Cumberland County ~/ A.D. ' ; Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Waypoint Bank VS. Richard W. Kane Jr. SERVE: s~me No. 01 5575 civil }'q-OW, October' 9, 2001 , , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Ad.as County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA IqOW~ within Affidavit of Service ,20 ,at o'clock M. served the upon at by handing to and made known to copy of the original So answers ~ the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA /LINnO3 S61VQ¥ .~.-IIB3HS O3^1303B DATE RECEIVED MASON DIXON BUSINESS FORMS, INC. DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17~25 I~TRUCTIOM~: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Pida~e PROCESS RECEIPT, and AFFIDAVIT OF RETURN ~ o~ ixint idgl~ly, insuring reedability of all 1. PLAINTIFF/S/ 2. COURT NUMSER WAYPOINT BANK 01-5575 Civil Term 3. DEFENDANT/S/ 14. TY4. TYPE OF WRIT OR COMPLAINT: RICHARD W. KANE, JR. ~mplaint in Civil Action 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. SERVE Richard W. Kane, Jr. 6. ADDRESS (Street or RFD, Apartment NO., City, Rotc, Twp., State and ZIP CODE) AT 1310 Biglerville Rd., Gettysburg, PA 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER Now, ., I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under w~hin writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without Ileblllty on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of A'n'ORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE :~ PLAINTIFF Benjamin F. Riggs, Jr., F~q. r~DEFENDANT (717) 815-4518 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12.orl acknowledgecompleiot asreceiptindlcateq°f theabove.Writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration / Hearing data 15. I hereby CERTIFY and RETURN that I :~ have personaily served, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have posted the above describeq property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corpo;stlen, etc., at the address inserted below by handing/or Posting a TRUE ams ATTESTED COPY therof. 16. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 18. A per,on of suitable age and diacretion Read Order Richard W. Kane, Jr. ~.of~o~.o o 19. Addresa of where sewed (complete only it different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 22. ATTEMPTS D~te Miles Oep. Int. Dete Miles Oep. Int. Dete Miles Oep. Int. Date Miles ' 2E. 20. Date of Service 21. Time 10/10/2001 9: 45PM Int. Date MI Il Dap. Int. 28. I~R~FUND ~129.20 Ck. ~6095 AFFIRMED add 8upecrlped to before me thi~ day of N/A SO ANSWER. ~ By (~k']ll / ~. ~,leffff) (~le~le I~lnt m Type) Date J~s W. ~ller I 10/10/2001 S~mum ~ ~ [ Da~e ~ W. N~ [ 10/10/2001 I ACKNOWLEDGE RECEIPT OF TI:I_ E 8HERI_FI='_~_ _I~TURN 81GNATURE 39. Date Received IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK 449 Eisenhower Boulevard Harrisburg, Pennsylvania 17111 Plaintiff No. 01-5575-Civil VS, RICHARD W. KANE, JR. 111 West Chapel Avenue Carlisle, PA 17013 Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 2, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendant Richard W. Kane, Jr. by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F.' Riggs, Jr., L~e (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK 449 Eisenhower Boulevard Harrisburg, Pennsylvania 17111 Plaintiff VS. No. 01-5575-Civil RICHARD W. KANE, JR. 111 West Chapel Avenue Carlisle, PA 17013 Defendant TO: Richard W. Kane, Jr. 1310 Biglerville Road Gettysburg, PA 17325 DATE OF NOTICE: November 2, 2001 IMPORTANT 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 40-6 00 enjamin F. Riggs, Jr. (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. RICHARD W. KANE, JR. 111 West Chapel Avenue Carlisle, PA 17013 Defendant No. 2001-5575-Civil PRAECIPE TO ENTER JUDGMENT To the Prothonotary: ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiff's Complaint against Richard W. Kane in favor of Waypoint Bank, f/k/a York Federal Savings and Loan Association for the following: Amount Due Per Complaint .......... $10,956.62 Attorney's Fees $ 500.00 TOTAL AMOUNT $11,456.62 with post-judgment interest, costs and other just and equitable relief as this Court deems appropriate. HEREBY CERTIFY that on November 2, 2001 a 10-day Default Notice in the above- captioned matter was mailed to the Defendant Richard W. Kane, Jr., by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 ~ ('7/ ,2001 Judgment entered by the Prothonotary this day according to the tenor of the above statement. Prothonot{~r;j I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK 449 Eisenhower Boulevard Harrisburg, Pennsylvania 17111 Plaintiff VS. RICHARD W. KANE, JR. 111 West Chapel Avenue Carlisle, PA 17013 Defendant No. 01-5575-Civil CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 2, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendant Richard W. Kane, Jr. by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F.' Riggs, Jr., E~__~e (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK 449 Eisenhower Boulevard Harrisburg, Pennsylvania 17111 Plaintiff VS. RICHARD W. KANE, JR. 111 West Chapel Avenue Carlisle, PA 17013 Defendant No. 01-5575-Civil TO: Richard W. Kane, Jr. 1310 Biglerville Road Gettysburg, PA 17325 DATE OF NOTICE: November 2, 2001 IMPORTANT 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 40-6 00 Benjamin F. Riggs, Jr. (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Richard W. Kane, Jr. 1310 Biglerville Road Gettysburg, PA 17325 Date No. 2001-5575-Civil RE: WAYPOINT BANK, F/K/AYORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS: RICHARDW. KANE, Defendant Notice is given that a judgment in the above-captioned matter has been entered against you on ~ ~'t , 2001. PROTHONOTARY OF CUMBERLAND COUNTY Clerk or°Oel~uty If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff P. O. Box 1711 Harrisburg, PA 17415-1711 Telephone: (717) 815-4518 (PA Rule of Civil Procedure 236, as revised) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. RICHARD W. KANE, JR. 111 West Chapel Avenue Carlisle, PA 17013 Defendant Commonwealth of Pennsylvania County of York No. 2001-5575-Civil Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named are not in the military service of the United States of America, that he has personal knowledge that the said Defendant Richard W. Kane's last-known address is 1310 Biglerville Road, Gettysburg, Pennsylvania 17325. Sworn and subscribed before me this ~ day of~ : 2001 Notary Public Benjamin I~. Riggs, J~., Attorney for Plaintiff I.D. No. 72030 My Commission expires: Notarial Seal Bridget C. Ga]lagher, Notary Public · York, York County My Commission Expires Feb. 22, 2003