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HomeMy WebLinkAbout10-11741' ')7 THE Fi h^„ ,TAY 201 0 FF3 1 9 Pill 1: ?4 9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SCOTT G GEIBEL : NO. !O - J 174 (24-vi( erm 343 Liberty Court, Mechanicsburg PA 17050-1840 Defendant : CIVIL ACTION -LAW Complaint - 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 (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 claim 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. 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. LAWYER REFERENCE AND INFORMATION SFRVICF Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-31878 49A.OD ,-t rlo i al ea3'18o1 Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. 1 0 PA A'1 -( 1W Complaint 1. Plaintiff is Citibank (South Dakota), N.A., with place of business located at 701 East Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. SCOTT G GEIBEL 343 Liberty Court, Mechanicsburg PA 17050-1840 Defendant : CIVIL ACTION - LAW 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Scott G Geibel, who resides at 343 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number ending in 2284 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $8,784.21 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $8,784.21, and the costs of this action. Burton Neil k'Aisop#.es, P.C. By; Y.*Te D. for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 11/23/09 SCOTT G GEIBEL 343 LIBERTY CT MECHANICSBURG 17050-1840000 $8784.21 PA $8784.21 SITE:KC-CL CITI CARDS PO BOX 183051 COLUMBUS, OH 43218-3051 Citi" Gold AvAdvantacie0 Card AAdvantage is a registered trademark o merican Airlines, Inc. A n 2284 Customer Service: 1-800-866-9900 BOX 6062 SIOUX FALLS, SD 57117 C tie Minimum Payment Due Payment Due Date New Balance $8,784.21 1 11/23/2009 I $8,784.21 Late Payment warning: If we do not receive your minimum payment by the date listed above, you may have to pay a $39 late fee and your APRs may be increased up to the Penalty APR of 29.99%. Credit Limit Available Credit Cash Advance Limit Available Cash Limit Statement Closing Date Days in Billing Cycle $7,600 $0 $3,000 $0 10/26/2009 32 Summary of Account Activity Previous Balance Pa ments Other Credits Purchases Balance Transfers Cash Advances $8,518.38 $0.00 $0.00 $39.00 $0.00 $0.00 Amt Over Credit Line Past Due Amount New Balance $1,184.21 $1,255.25 $8,784.21 Sale Date Post Date Reference Number Activity Since Last Statement Amount Standard Purch 10/26 LATE FEE - SEP PAYMENT PAST DUE 39.00 66 0000 0 70000000000 10/26 PURCHASES*FINANCE CHARGE*PERIODIC RATE 148.06 84 0000 0 70000000000 Standard Adv 10/26 ADVANCES*FINANCE CHARGE*PERIODIC RATE 78.77 84 0000 0 70000000000 Your late fee was based on your account balance as of the payment due date (10/21/09), which was $8,518.38. Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Frioay, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Our records snow home phone 717-791-0226 and business phone 972-250-7000. If incorrect, please update your account online at www.citicards.com or call us at 1-800-866-9900 to let us know. Contact us today - we can help! Go online at www.paymentsolutions.citicaras.com to login or register. Your statement has changed for the better. To make it easier for you to manage yyour account, we've enhanced various aspects of your billing statement to highlight important details at a glance. Look for more changes coming soon as we continue to improve your statement. TM:CO-5000 ACID:IRB4718 12/11/09 21:20:37: RHIBIT SCOTT G GEIBEL Sale Data Post Date Reference Number Activity Since Last Statement Amount a Account Summary eW PURCHASES 5,560.29 $39.00 0.00 $148.06 5,747.35 ADVANCES 2,958.09 $0.00 0.00 $78.77 3,036.86 TOTAL 18,518.38 $39.00 10.00 $226.83 18,784.21 Days This Billing Period: 32 Balance Subject to Periodic Nominal ANNUAL Rate Summary Finance Charge Rate APR PERCENTAGE RATE URCHASES Standard Purch $5,631.68 0.08216%(D) 29.990% 29.990% DVANCES Standard Adv $2,996.07 0.08216%(D) 29.990% 29.990% Verification *tiueyd ??°a? 1, , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Sig tore C-31878 Scott G Geibel Account number ending in 2284 1000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~,yttttir of ~s„r,Grr~i~b ~, ,_ .. [.. ~ Edward L Schorpp Solicitor G~ .:F .,.-rF ;:..Ire G~,f~ , , ~n~ y ,-~~, ,e„'r~;: Citibank (South Dakota) N.A. vs. Scott G. Geibel Case Number 2010-1174 SHERIFF'S RETURN OF SERVICE 02/22/2010 05:52 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 22 2010 at 1752 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scott G. Geibel, by making known unto himself personally, at 343 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. ,~• ,,,_~ DEN S FRY, DEPU SHERIFF COST: $37.00 February 23, 2010 SO ANS RS, R R ANDERSON, SHERIFF (c; GountySuite Sheriff. TEI6pSOft b.c. IN THE COURT OF COMMON PLEAS OiF~~ ~~-~~~t~ ~ ~` ~' CUMBERLAND COUNTY,PENNSYLVANt~I ~`~ ~ii~~~~~~~~~~~3~~~ X~010 ~9i~~ -9 A~ 1~~ ~$ CITIBANK (SOUTH DAKOTA), N.A., Civil Division GUP~~~ ~J ' `fJt~! Plaintiff, No. 10-1174'L? ~ ~~ ~~~' ~~ ' ' `` vs. Code No. SCOTT G. GEIBEL, PRAECIPE FOR APPEARANCE Defendant. Filed on Behalf of Defendant: Scott G. Geibel Counsel of Record for this Party: STRATTON & FEINSTEIN, P.A. David S. Lubin, Esq. Pa I.D. # 35532 Joseph P. Kania, Esq. Pa I.D. # 306795 Stratton & Feinstein, P.A. 30 Park Road Tinton Falls, NJ 07724 Telephone No.: 732-544-4045 Fax No.: 866-402-9591 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA), N.A., Plaintiff, vs. SCOTT G. GEIBEL, Civil Division No. 10-1174 Code No. PRAECIPE FOR APPEARANCE Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stratton & Feinstein, P.A., specifically David S. Lubin, Esq., as counsel for Defendant Scott G. Geibel in the above captioned case. Respectfully Submitted, Date: March $ , 2010 STRATTON & FEINSTEIN, P.A. DAVID S. LUBIN, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 (732)544-4045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA), N.A., Civil Division Plaintiff, No. 10-1174 vs. Code No. SCOTT G. GEIBEL, PRAECIPE FOR APPEARANCE Defendant. CERTIFICATE OF SERVICE I, David S. Lubin, Esquire, hereby certify that I served a true and correct copy of the Praecipe for Appearance, on this g day of Q r , 2010, via United States First Class Mail, upon Plaintiff s counsel: Yale D. Weinstein, Esq. Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 ~~~- ~ DAVID S. LUBIN, Esq. ,, FfLLD-~~`~i~iGE IN THE COURT OF COMMON PLEAS OF i~F ~~~- ~"~ `' ~ ~~,h,Y©TA~Y CUMBERLAND COUNTY, PENNSYLVANIA Z~ ~ ~ ~,~ _ ~ y ~~; ~ ~ CITIBANK (SOUTH DAKOTA), N.A., Civil Divis~~ r' ~ ~~, Liat_,,.. v. Plaintiff, No. 10-1174 vs. SCOTT G. GEIBEL, Code No. ANSWER AND NEW MATTER Defendant. Filed on Behalf of Defendant: Scott G. Geibel Counsel of Record for this Party: STRATTON & FEINSTEIN, P.A. David Lubin, Esq. Pa I.D. # 35532 Joseph P. Kania, Esq. Pa I.D. # 306795 Stratton & Feinstein, P.A. 30 Park Road Tinton Falls, NJ 07724 Telephone No.: 732-544-4045 Fax No.: 866-402-9591 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA), N.A., Civil Division Plaintiff, vs. SCOTT G. GEIBEL, No. 10-1174 Code No. ANSWER AND NEW MATTER Defendant. AND NOW comes Defendant, Scott G. Geibel, by and through his undersigned counsel, Stratton & Feinstein, P.A. and David S. Lubin, Esq. specifically, and files the following Answer and New Matter, in support whereof, Defendant avers as follows: ANSWER TO COUNT I 1. As Defendant is without knowledge as to these averments, Paragraph 1 is denied. 2. Admitted. 3. As Defendant is without knowledge as to these averments, Paragraph 3 is denied. 4. The averments of Paragraph 4 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. 5. As Defendant is without knowledge as to these averments, Paragraph 5 is denied. 6. The averments of Paragraph 6 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. 7. The averments of Paragraph 7 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. 8. The averments of Paragraph 8 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. WHEREFORE, Defendant Scott G. Geibel requests this Honorable Court to enter judgment in his favor and against Plaintiff, Citbank South Dakota, N.A., together with costs of defense. NEW MATTER 9. Defendant hereby incorporates all preceding paragraphs as referenced. 10. Relief is barred in whole or in part by the statute of limitations. 11. Relief is barred in whole or in part by accord and satisfaction. 12. Relief is barred in whole or in part by consent. 13. Relief is barred in whole or in part by discharge in bankruptcy. 14. Relief is barred in whole or in part by estoppels. 15. Relief is barred in whole or in part by failure of consideration. 16. Relief is barred in whole or in part by fraud. 17. Relief is barred in whole or in part by impossibility of performance. 18. Relief is barred in whole or in part by justification. 19. Relief is barred in whole or in part by illegality. 20. Relief is barred in whole or in part by laches. 21. Relief is barred in whole or in part by license. 22. Relief is barred in whole or in part by payment. 23. Relief is barred in whole or in part by release. 24. Relief is barred in whole or in part by statute of frauds. 25. Relief is barred in whole or in part by failure to mitigate damages. 26. Relief is barred in whole or in part by unclean hands. 27. Relief is barred in whole or in part by waiver. 28. Plaintiff has failed to state a claim upon which relief maybe granted. 29. Relief is barred because the terms of the putative contract are unconscionable or otherwise unenforceable. 30. Relief is barred because Plaintiff's Complaint is preempted by compulsory arbitration and Answering Defendant demands compliance with same. WHEREFORE, Defendant, Scott G. Geibel, requests this Honorable Court to enter judgment in his favor and against Plaintiff, Citibank South Dakota, N.A., together with costs of defense. Respectfully Submitted, STRATTON & FEINSTEIN, P.A. d ~ ` DAVID S. LUBIN, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 (732) 544-4045 Date: March g , 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, vs. SCOTT G. GEIBEL, Defendant. Civil Division No. 10-1174 Code No. ANSWER AND NEW MATTER VERIFICATION I, David S. Lubin, Esq. as counsel for Defendant, Scott G. Geibel, verify that the facts set forth in this Defendant's Answer and New Matter are true and correct to the best of my knowledge, information, and belief. Due to time constraints, the verification signed by the Defendant will follow. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA C.S.A. § 4904) related to unsworn falsification to authorities. BY: David S. Lubin, Esq. Attorney for Defendant DATE: f yPCrC~ ~ ~ ~" ~,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA), N.A., Civil Division Plaintiff, vs. SCOTT G. GEIBEL, Defendant. No.10-1174 Code No. ANSWER AND NEW MATTER CERTIFICATE OF SERVICE I, David S. Lubin, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer and New Matter on this ~ day of ~(~,fGh 2010 via United States First Class Mail, postage prepaid, upon the following counsel of record: Yale D. Weinstein, Esq. Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 r BY: David S. Lubin, Esq. Attorney for Defendant