The URL can be used to link to this page

Home My WebLink About10-3573Our File No.: 2623 82 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 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, VS. SCOTT GEIBEL 343 LIBERTY CT MECHANICSBURG, PA 17050-1840 Defendant. FILE` ?- { Py Y ,* /\ 2GI6 i=P,i' a V U GUIV rte'.°`? ?`?;' ;r= COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 16 35--73 11;1 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ufc t f-a b Our File No.: 262382 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 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. SCOTT GEIBEL 343 LIBERTY CT MECHANICSBURG, PA 17050-1840 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: -7 3 c Ny ?, CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are SCOTT GEIBEL, an adult individual residing at 343 LIBERTY CT MECHANICSBURG, PA 17050-1840. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, issued to Defendant(s), Account #6011002924224231. 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 $6,638.10. 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 $6,638.10 and requests this Court award costs to the extent permitted by applicable law. SOCIATES. P.C. Atto ey Plaintiff/; A Law Firm E af r l in De collection BY: David J. ApoCmker, Esquire Dated: 5/21/2010 Our File No.: 262382 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.X.A. 4/904 relating to unworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 5/21/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC SCOTT GEIBEL 343 LIBERTY CT MECHANICSBURG, PA 17050-1840 STATEMENT OF ACCOUNT Debtor's Name: SCOTT GEIBEL Account Number: 6011002924224231 Balance Due: $6,638.10 Our File No.: 262382 EXHIBIT "A" 262382 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: DISCOVER BANK BY ITS Expiration Date: SERVICING AGENT DFS SERVICES LLC Type of Action: Civil Action Defendant/s: SCOTT GEIBEL Serve Upon: SCOTT GEIBEL Address for Service: 343 LIBERTY CT MECHANICSBURG, PA 17050-1840 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge O Deputize O Certified Mail O Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~1L~C}`, h 5`;~ Sheriff Jody S Smith ~a,~„~+' ai +t<~~u~br~,fry~ '» ~c F; ;"~ Chief Deputy ,~~ ~ ~,°~`~~?~ Z~« .~~ 'g ~~`~ ~: ~}4 ti .,c. F C~FFiCE 4F FHE 6"~RtFF Cl%h~~' #~\, °. •~~n~n~ "' ~ 4y'~A'Sti'+. Discover Bank vs. Scott G. Geibel Case Number 2010-3573 SHERIFF'S RETURN OF SERVICE 06/04/2010 09:14 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 4 2010 at 2110 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 Jenifer Geibel, Daughter of defendant at 343 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 07, 2010 ~~~ ~- STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF {ci CountySuite Sheriff. Teleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING, AGENT DFS SERVICES LLC, Civil Division Plaintiff, No. 10-3573 CIVIL vs. SCOTT GEIBEL, PRAECIPE FOR APPEARANCE Defendant. Filed on Behalf of Defendant: Scott Geibel Counsel of Record for this Party: FLAHERTY FARDO, LLC Firm # 527 Noah Paul Fardo, Esquire Pa. I.D. 83848 n ^~ William F. Rogel, Esquire ~ "=~ Z' ~ Pa. LD. 203348 r `--`-~ ~ ' c.... r =' --- .~ a- ~,i r '. t 1 T Jennifer P. Jara, Esquire ~. L ; ~ ; ~ ~_ , Pa. LD. 306486 '"~ ~ ~' _ _ ~' >.._ Flaherty Fardo, LLC : ;~ .~-- 5541 Walnut Street `'~~ Pittsburgh, PA 15232 Telephone No.: 412-802-6666 Fax No.: 412-802-6667 Email: npf@pghfirm.com 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING, AGENT DFS SERVICES LLC, Civil Division Plaintiff, No. 10-3573 CIVIL vs. SCOTT GEIBEL, PRAECIPE FOR APPEARANCE Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Flaherty Fardo, LLC, specifically Jennifer Jara Mislanovich, Esq., as counsel for Defendant Scott Geibel in the above-captioned case. Respectfully Submitted, Date: July 1, 2010 F RTY FARDO, LLC JENN RA LANOVICH, Esq. Counsel for Defendant 5541 Walnut Street Pittsburgh, PA 15232 (412) 802-6666 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING, Civil Division AGENT DFS SERVICES LLC, Plaintiff, No. 10-3573 CIVIL vs. SCOTT GEIBEL, Defendant. PRAECIPE FOR APPEARANCE CERTIFICATE OF SERVICE I, Jennifer Jara Mislanovich, Esquire, hereby certify that I served a true and correct copy of the Praecipe for Appearance, on this 1St day of July, 2010 via facsimile, upon Plaintiff's counsel: David J. Apothaker Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 - ~ ----~ ---z~ ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING, AGENT DFS SERVICES LLC, Civil Division Plaintiff, vs. SCOTT GEIBEL, Defendant. No. 10-3573 CIVIL ANSWER AND NEW MATTER Filed on Behalf of Defendant: Scott Geibel Counsel of Record for this Party ~ a ~, ~y d '-n FLAHERTY FARDO, LLC Tr i~; '-t'!'' ~ -- ~ ~ ~ r-- -~-~ rig = ~ r ~.'_ .. ~ ~ 1 r _r'; PS'i Noah Paul Fardo, Esquire :.~ ~_ : ~' A j ~„W '~: ; ;'_. Pa. LD. 83848 ?' -" , `J William F. Rogel, Esquire '~ ..~ ~ ~' Pa. LD. 203348 `"°' -'` Jennifer Jara Mislanovich, Esquire Pa. I.D. 306486 5541 Walnut Street Pittsburgh, PA 15232 Telephone No.: Fax No.. E-mail: 412-802-6666 412-802-6667 npf@pghfirm.com 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING, Civil Division AGENT DFS SERVICES LLC, Plaintiff, No. 10-3573 CIVIL vs. SCOTT GEIBEL, ANSWER AND NEW MATTER Defendant. AND NOW comes Defendant, Scott Geibel, by and through his undersigned counsel, Flaherty Fardo, LLC and Jennifer Jara Mislanovich, Esq. specifically, and files the following Answer and New Matter, in support whereof, Defendant avers as follows: ANSWER 1. As Defendant is without knowledge as to these averments, this Paragraph 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 the 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 the time of trial. 5. The averments of Paragraph 5 are denied in their entirety. It is specifically denied there is any default of the terms. Strict proof to the contrary is demanded at the time of trial. 6. The averments of Paragraph 6 are denied in their entirety. Strict proof to the contrary is demanded at the time of trial. 3 7. The averments of Paragraph 7 are denied in their entirety. Strict proof to the contrary is demanded at the time of trial. WHEREFORE, Defendant, Scott Geibel, requests this Honorable Court to enter judgment in his favor and against Plaintiff, Discover Bank, together with costs of defense. NEW MATTER 8. Defendant hereby incorporates all preceding paragraphs as referenced. 9. Relief is barred in whole or in part by the statute of limitations. 10. Relief is barred in whole or in part by accord and satisfaction. 11. Relief is barred in whole or in part by consent. 12. Relief is barred in whole or in part by discharge in bankruptcy. 13. Relief is barred in whole or in part by estoppel. 14. Relief is barred in whole or in part by failure of consideration. 15. Relief is barred in whole or in part by fraud. 16. Relief is barred in whole or in part by impossibility of performance. 17. Relief is barred in whole or in part by justification. 18. Relief is barred in whole or in part by illegality. 19. Relief is barred in whole or in part by laches. 20. Relief is barred in whole or in part by license. 21. Relief is barred in whole or in part by payment. 22. Relief is barred in whole or in party by release. 23. Relief is barred in whole or in part by statute of frauds. 24. Relief is barred in whole or in part by failure to mitigate damages. 25. Relief is barred in whole or in part by unclean hands. 26. Relief is barred in whole or in part by waiver. 27. Plaintiff has failed to state a claim upon which relief may be granted. 4 28. Relief is barred because the terms of the putative contract are unconscionable or otherwise unenforceable. WHEREFORE, Defendant, Scott Geibel, requests this Honorable Court to enter judgment in his favor and against Plaintiff, Discover Bank, together with costs of defense. DATE: July 1, 2010 Respectfully Submitted, erty Fardo C Y: ~- Je r Jara isl is a. I.D. 306486 Attorney for Defendant ~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING, Civil Division AGENT DFS SERVICES LLC, Plaintiff, No. 10-3573 CIVIL vs. SCOTT GEIBEL, ANSWER AND NEW MATTER Defendant. VERIFICATION I, Jennifer Jara Mislanovich, Esq., as counsel for Defendant, Scott 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 be delayed but 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: Noah Paul Fardo~~sq. Attorneys for Defendant DATE: ~ ~ 4 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING, Civil Division AGENT DFS SERVICES LLC, Plaintiff, No. 10-3573 CIVIL vs. SCOTT GEIBEL, ANSWER AND NEW MATTER Defendant. CERTIFICATE OF SERVICE I, Jennifer Jara Mislanovich, Esquire, hereby certify that I served a true and correct copy ~' of the foregoing Answer and New Matter on this ,~_day of ~ , 2010 via facisimlie, upon the following counsel of record: David J. Apothaker Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 BY: 6 A- ~~~ ~L:_I t] 1 .. I... ~',C' T~~r r ~~,~j~~~r i Our file No.: 262382 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 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff, vs. SCOTT GEIBEL Defendant. } 20i0~rt~ t3 ~s°~~f~ ((~~,~~ {{ AA ,~ ~~ ` ~., ~'l: i'~i'•r ~i i~i~~'r` COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-3573 CIVIL Civil Action ANSWER TO NEW MATTER Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, by and through their attorney, answers the following New Matter: 8. No responsive pleading is required. 9. Denied. Plaintiffs claim is not barred by the applicable Statute of Limitations. 10. Denied. Plaintiff s claim is not barred by the Doctrine of Accord and Satisfaction. 11. Denied. Plaintiffs complaint is not barred by the Doctrine of Consent. 12. Denied. A search in the pacer system by defendant social security number reveals no relevant bankruptcy filing. 13. Denied. Plaintiffs claim is not barred by the Doctrine of Estoppel. 14. Denied. Plaintiffs claim is not barred by Failure of Consideration. 15. Denied. Plaintiff has not perpetrated fraud. 16. Denied. Plaintiffs claim is not barred by the Doctrine of Impossibility of Performance. 17. Denied. Plaintiff s complaint is not barred by the Doctrine of Justification. 18. Denied. Plaintiff s claim is not barred by Illegality. 19. Denied. Plaintiff s claim is not barred by the Doctrine of Laches. 20. Denied. Plaintiff s claims are not barred by the Doctrine of License. 21. Denied. Plaintiff s claim is not barred by the Doctrine of Payment. 22. Denied. Plaintiff s claim is not barred by the Doctrine of Release. 23. Denied. Plaintiffs claim is not barred by the Statute of Frauds. 24. Denied. Plaintiff has not breached its Duty to Mitigate. 25. Denied. Plaintiff s claim is not barred by the Doctrine of Unclean Hands. 26. Denied. The Plaintiff s claim is not barred by the Doctrine of Waiver. 27. Denied. Plaintiffs Complaint brings a valid Cause of Action against Defendant. 28. Denied. Plaintiffs claims are not barred by the Terms of the Contract. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firms Engaged in Debt Collection BY: W. Felzer, Esquire DATED: July 6, 2010 v VERIFICATION Jordan W. Felzer, Esquire hereby states that I am counsel for plaintiff in this action, and thatI am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter 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 relating to unsworn falsification to authorities. W. Felzer, Esquire ;v for Plaintiff DATE: 7/6/2010 ,,~ V Our file No.: 262382 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 DISCOVER BANK BY ITS ) SERVICING AGENT DFS SERVICES ) LLC ) Plaintiff, ) vs. ) SCOTT GEIBEL ) } COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-3573 CIVIL Civil Action Defendant. CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 7/6/2010, I mailed a copy of the Answer to New Matter by Regular mail to JENNIFER MISLANOVICH, ESQUIRE 5541 WALNUT STREET PITTSBURGH, PA 15232-2352 Jq~dan W. Felzer, Esquire omey for Plaintiff Date: 7/6/2010 Our File No.: 2623 82 DISCOVER BANK BY ITS SERVICING ) AGENT DFS SERVICES LLC ) Plaintiff } VS. ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-3573 CIVIL Civil Action C) SCOTT GEIBEL ) ? o -n Defendant ) -ox CD 0 o -i . = M r- M M_ -am N ;0 PRAECIPE FOR APPOINTMENT OF ARBITRATORS <o - z° n a ? o-n z-- TO THE HONORABLE, THE JUDGES OF SAID COURT: 5c ? rv Dr, Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully cn x repres-&ts`tl'iat:-< 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $6638.10. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff MS. JENNIFER JARA MISLANOVICH ESQ Benjamin J. Cavallaro, Esquire 5541 WALNUT ST 520 Fellowship Road C306 PITTSBURGH, PA 15232-2352 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. Respectfully November 22, 2010 AND NOW, and as prayed for. vallaro, Esquire ORDER OF COURT p?,as???1 20, in consideration of the foregoing petition, Esq., and Esq., Esq., are appointed arbitrators in the above captioned action By the Court, Our File No.: 2623 82 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-3573 CIVIL Civil Action SCOTT GEIBEL } c a Defendant ) m Co M ° M rn -n M r- c-) . -am > N ? C:) PRAECIPE FOR APPOINTMENT OF ARBITRATORS -< r- = _ ? ?C--) z TO THE HONORABLE, THE JUDGES OF SAID COURT: yc rv m D Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully repres-ea ts` fia t:-? 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $6638.10. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff MS. JENNIFER JARA MISLANOVICH ESQ Benjamin J. Cavallaro, Esquire 5541 WALNUT ST 520 Fellowship Road C306 PITTSBURGH, PA 15232-2352 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. a Respectfully Submitted/ MIA 4z C$ was November 22, 2010 ORDER OF COURT Esquire 20 <6 , in consideration of the foregoing petition, Esq., and p Esq., Esq., are appointed arbitrators in the above captioned action az- pi?ax ivi. ? ?Z CD:;= t.L C:? _ CJ d U-= cz) J Q a J CD D i C } M W JLl7 Q- _..ltaJ. ?LZ t .. C-1 , 1- iJ W C ?2N Copt-g r?*& (e. By the Court ? 4 ?v DISCOVER BANK BY ITS IN THE COURT OF COMMON PLEAS OF SERVICING AGENT DFS CUMBERLAND COUNTY, PENNSYLVANIA SERVICES LLC, Plaintiff ; vs. CIVIL ACTION - LAW NO. 10-3573 CIVIL SCOTT GEIBEL, : Defendant ORDER AND NOW, this JW day of March, 2011, the appointment of Hannah Herman Snyder, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Peter R. Wilson, Esquire, is appointed in her place. /Jeffrey B. Rettig, Esquire Chairman, Board of Arbitrators /Court Administrator :rlm h1a led ?//f/11 01 BY THE COURT,