Now the bank is suing to recover the cash.

The problem is, the Starbirds no longer have it all, according to their attorney, Thomas M. Dickey.

Herbert Starbird reported the error to the bank last fall, but was repeatedly told the deposit was correct, Dickey said.

So the couple spent some of it.

"That's what you normally do with money," Dickey said. "I can't get into details."

Then, in early February, the bank contacted the Starbirds, requesting to get its money back.

The Starbirds hired Dickey, who advised them that laws generally say people can't keep money or goods delivered by mistake.

"We began some good faith negotiations to pay the money back," Dickey said.

The couple is even willing to take out a mortgage if necessary, he said.

But no agreement had been achieved, because questions about interest and attorney fees remained to be resolved, he said.

So now the bank is suing, reporting that more than $177,000 is no longer in the account.

Dickey was uncertain how much had been repaid.

"We probably weren't moving fast enough for the bank's liking," he acknowledged.

But if a fair deal can't be reached, perhaps the best option is going to court, Dickey said.

"Believe me, this is no slam dunk. ... Who knows what a jury might do?" he said.

Several calls to the attorney for First Commonwealth, which is based in Indiana, Pa., were not returned as of early afternoon.