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Home My WebLink About10-2565L V . Our File No.: 258671 APOTHAKER,& ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK 4315 S 2700 WEST SALT LAKE CITY, UT 84184 Plaintiff, VS. JANET GEIBEL 343 LIBERTY CT MECHANICSBURG, PA 17050 Defendant. R1 F[ 4.D', r F OF THE 2010 APR 20 AM 10. 37 pa 4SYLVAIINIA, COURT OF COMMON PLEAS CUMBERLAND COUNTY n NO.: 10 - a,5 (45 O.A1 v i l TPaf'vn 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ga.oO Pb ATN CO 1710(0(10 P.* ay 0 ?'78 Our File No.: 258671 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK 4315 S 2700 WEST SALT LAKE CITY, UT 84184 Plaintiff, vs. JANET GEIBEL 343 LIBERTY CT MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS CENTURION BANK, 4315 S 2700 WEST, SALT LAKE CITY, UT 84184. 2. Defendant(s) is/are JANET GEIBEL, an adult individual residing at 343 LIBERTY CT MECHANICSBURG, PA 17050. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS CENTURION BANK, issued to Defendant(s), Account #3715-027407-41000. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $17,457.75. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $17,457.75 and requests this Court award costs to the extent permitted by applicable law. APOTH=R SOCIATES, P.C. Atto y f r Plaintiff A Law Firm E a2dd in Debt Collectioi BY: David J. AA?thaVr, Esquire Dated: 4/8/2010 Our File No.: 258671 VERIFICATION David J. Apothaker, Esquire, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 r ating to unsworn falsification to authorities. David J. AWothak r, E uire DATE: 4/8/2010 AMERICAN EXPRESS CENTURION BANK JANET GEIBEL 343 LIBERTY CT MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: JANET GEIBEL Account Number: 3715-027407-41000 Balance Due: $17,457.75 Our File No.: 258671 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF c N ° ~, CUMBERLAND COUNTY, PENNSYLVANIA ~~ ' ~ ~';' ' _ _, . -~. , ~" --c rn~ ~ AMERICAN EXPRESS CENTURION BANK, Civil Division yr :" _ -.~ , ~ j ~~ r -,- Plaintiff, No. 10-2565 ;~. ~' w , =~ ~ -- ~ vs. Code No. 4 "~ JANET GEIBEL, PRAECIPE FOR APPEARANCE Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stratton & Feinstein, P.A., specifically Joseph P. Kania, Esq., as counsel for Defendant Janet Geibel in the above captioned case. Respectfully Submitted, STRATTON & FEINSTEIN, P.A. Date: Mav ~ , 2010 !~_ ~~= Yoseph P. Kania, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 (732) 544-4045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Civil Division Plaintiff, vs. JANET GEIBEL, Defendant. No. 10-2565 Code No. PRAECIPE FOR APPEARANCE CERTIFICATE OF SERVICE I, Joseph P. Kania, Esquire, hereby certify that I served a true and correct copy of the Praecipe for Appearance, on this ~-3 day of ~ , 2010, via United States First Class Mail, upon Plaintiffls counsel: David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 ~~ eph P. Kania, Esq. ,~ ti. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Plaintiff, vs. JANET GEIBEL, Defendant. Civil Division No. 10-2565 C7 ~_ O -~ ez, ~ rr ~ _, ~~ '~ ~ .-1 ~., l ~~~ r ~ 1.~ ~-~~ Code No. r ~ ~ ANSWER AND NEW MATTER ~.J _~ ..F. CS7 Tom' ~% _J r `"7"s. -c AND NOW comes Defendant, Janet Geibel, by and through her undersigned counsel, Stratton & Feinstein, P.A. and Joseph P. Kania, 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. The averments of Paragraph 3 are denied in their entirety. Any insinuation that the Defendant made a special instance and request to Plaintiff to be issued an account is denied. Strict proof to the contrary is demanded at time of trial. 4. The averments of Paragraph 4 are denied in their entirety. It is specifically denied that the Defendant received, accepted and used the account to her benefit. Strict proof to the contrary is demanded at time of trial. 5. The averments of Paragraph 5 are denied in their entirety. It is specifically denied that there is any default of the terms. Strict proof to the contrary is demanded at time of trial. 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 Janet Geibel requests this Honorable Court to enter judgment in her favor and against Plaintiff, American Express Centurion Bank, 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. l9. 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. r 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, Janet Geibel, requests this Honorable Court to enter judgment in her favor and against Plaintiff, American Express Centurion Bank, together with costs of defense. Respectfully Submitted, Date: May ~3 , 2010 STRATTON & FEINSTEIN, P.A. Jo eph P. Kania, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 (732) 544-4045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Plaintiff, vs. JANET GEIBEL, Defendant. Civil Division No. 10-2565 Code No. ANSWER AND NEW MATTER VERIFICATION I, Joseph P. Kania, Esq. as counsel for Defendant, Janet 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: ~~ JJ e~ania, Esq. Attorney for Defendant DATE: /`~~ /~ Zo / r Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Civil Division Plaintiff, vs. JANET GEIBEL, Defendant. No.10-2565 Code No. ANSWER AND NEW MATTER CERTIFICATE OF SERVICE I, Joseph P. Kania, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer and New Matter on this ~3 day of /~ 2010 via United States First Class Mail, postage prepaid, upon the following counsel of record: David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 BY: J~ph P. Kania, Esq. Attorney for Defendant Our File No.: 258671 AMERICAN EXPRESS CENTURION BANK ) Plaintiff ) vs. ) JANET GEIBEL ) Defendant ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-2565 CIVIL TERM Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: rnm =rn Z 'U CIYr ..,tD c-? Ca =c Ac z Cl- Z W C:) Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $17457.75. c. rlF ;:7 p C? q sr C:)-n o ?' The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: ALLA GULCHINA ESQ Kimberly F. Scian, Esquire 30 PARK ROAD 520 Fellowship Road C306 TINTON FALLS, NJ 07724 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. IS matted, Respectful; ? a,?? say ODPa June 22, 2011 rly F. Scian, Esquire 2 ??awa 6 ORDER OF COURT AND NOW, and 20, in consideration of the foregoing petition, Esq., and Esq., as prayed for. Esq., are appointed arbitrators in the above captioned action By the Court, Our File No.: 258671 AMERICAN EXPRESS CENTURION BANK ) Plaintiff ) vs. ) JANET GEIBEL ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-2565 CIVIL TERM Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: c-? c -?3 rn? Zrn Za° {O Zc C... c rn= C:) C) w r -n ..fl Q-n Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $17457.75. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: ALLA GULCHINA ESQ Kimberly F. Scian, Esquire 30 PARK ROAD 520 Fellowship Road C306 TINTON FALLS, NJ 07724 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfulll S matted, June 22, 2011 rly F. Scian, Esquire ORDER OF COURT atok %C9 4 dlL* aplo .1W vl+'?W aq6 AND NOW, 20 //, in consideration of the foregoing petition, cl Esq., and ` Esq., and - - Esq., are appointed arbitrators in the above captioned action as prayed for. 99 t'_wNIAIASNN? c "1 .9 wv z i inr i iol By the Court, d.[0 OC ;'J.0?d 3Vj.j j0 )M.-1A0-03TJ ?.1C;nbt'r jy P SC?Gn, ?s? 411c L ?,Ic??;r,q , s . Copes ma, led -7jiaf r, pet- aintiff 1 t `LS L-- Az g, ? 6? Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No./ 0 -') S &-3-- Civil Action - Law. Oath We d solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United State and the Constitution of this Commonwealth and that we will discharge the duties of our office wit fidelity. lgianature _ nature Si -Ole Z6 4W Name (Chairman) i Law Firm Address City, Zip C Name Name Law F?irm k- C-z)c Law Firm jcj 1 yk - ?(L.J 51-? I tx. 15-3 Iv- 6/U LM. 4- Address Address City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded they shall be Nparately stated.) , dissents. (Insert name if Date of Hearing: jlll (Chairman) Date of Award: Notice of Entry of Award Now, the s?day of 20 at &L , e M., the above award was entered upon the docket and notice th reof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 311) • irU Prothonotary Deputy Cep;e s C a r?? i f'6. t 3 (O Our File No.: 258671 APOTHAKER & ASSOCIATES, P.C. By: Jordan W. Felzer, Esquire Attorney I.D. #38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK Plaintiff vs. JANET GEIBEL Defendant 1 P%T 21 PM 1: 1 -DERL?; ID CDll NIT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-2565 CIVIL TERM Civil Action NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that AMERICAN EXPRESS CENTURION BANK appeals from the award of the board of arbitrators entered in this case on September 21, 2011. A jury trial is not demanded I hereby certify that the compensation of the arbitrators has been paid. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Fi Ju Engaged in Debt Collection BY: Dated: October 20, 2011 W. Felzer, Esquire abh Goij 00 ?1 J 39gq s I tau tk A.6So& t Our File No.: 258671 APOTHAKER & ASSOCIATES, P.C. By: Jordan W. Felzer, Esquire Attorney I.D. #38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK Plaintiff VS. JANET GEIBEL COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-2565 CIVIL TERM Civil Action Defendant CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on October 20, 2011, I mailed a copy of Plaintiff s Notice of Appeal from Award of Board of Arbitrators to: ALLA GULCHINA, Esquire 30 PARK ROAD TINTON FALLS, NJ 07724 APOTHAKER & ASSOCIATES, P.C. A orney for Plaintiff A Law Fir* Engaged in Debt Collection BY: Ardan W. Felzer, Esquire Dated: October 20, 2011 ,f?C rr ,`z-^ a e fir" ,irk,; A In The Court of Common Pleas of Cumberland aintiff County, Pennsylvania No.) Defendant Civil Action - Law. 4 Oath We d solemnly swear (or affirm) that we will support, obey and defend the Constitution of the Unite_ d_ I State and the Constitution of this Commonwealth and that we will discharge the duties of our office wit fi elity. ipnature??iature Sit t " '_? `T TG"\ ..J ?l!? ", C-fifYr.L'f Gr-r.? !%.??-'Ls?'? Name (Chairman) Name Name r t-'t ' ? ' '?2? ?' l ?)c+'? . ?- (J?.... r f-+r7??' ? t: G? f f ` c Law Firm Law Firm Law Firm I t 3 Yz-- Y'? Spa { tJr? l.S ?i r 'rues yf '.; Address Address Address City, Zip CittV Zip City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the ,,,they shall be•parately stated.) following award: (Notre: If damages for delay are awarded . Ay6itrator, dissents. (Insert name if Date of Hearing: --? l?`?®j Date of Award: ?r (Chairman) TRUE COPY FROM RECORD Wimony whereof, I here unto set my hand sea, Fit said Court at Carlisle, Pa. This ° ~ _ day of t Notice of Entry of Award -?-, 201-V--- ZA- rroth Qt Now, the day of 20 at C1 M., the above award was entered upon the docket and notice th reof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S 31P • G'() Prothonotary Deputy ? 4, C C= T7 Our File No.: 258671 rnw xrn -n rn ' APOTHAKER & ASSOCIATES, P.C. z By: Kimberly F. Scian, Esquire mss'' .J a Attorney I.D. #55140 r-:r -+v 520 Fellowship Road C306 ig a zT` Mount Laurel, NJ 08054 z - ° (800) 672-0215 C Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK vs. JANET GEIBEL Plaintiff Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-2565 CIVIL TERM Civil Action PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Appeal. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engage in Debt Collection XKimb rly F. Scian, Esquire Dated: February 10, 2012