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Home My WebLink About10-4922SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~ Ronny R Anderson -~. ,,,~~~, - ; ,. ~-~ ~-~,~ Sheriff ~u11+ of tu~brrfa „ JodySSmith f De ut Chi ~ ~' ~"~ , ~ ~ ~~f~ ~~.,..~ -', E"~ c.~ - p y e ~, • ~ ~~-~r~s ~UG y ~~ ~%a,~ Richard WStewart f='"~ C1.3r,,,; . , __u ~~'•,' Solicitor QFF)~ ~ ~ ~~e ~~eRi~F ~' ~;`,1 American Express Centurion Bank Case Number vs. 2010-4922 Scott G. Geibel SHERIFF'S RETURN OF SERVICE 08/02/2010 03:31 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 2, 2010 at 1531 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 Heather 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 August 03, 2010 ~~~~~ ~~ RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. c IN THE COURT OF COMMON PLEAS OF Z:u C/) ? -n CUMBERLAND COUNTY, PENNSYLVANIA s AMERICAN EXPRESS CENTURION BANK, Civil Division Z° Plaintiff No. 2010-04922 -" , # vs. Code No. SCOTT GEIBEL PRAECIPE FOR APPEARANCE Defendant. Filed on Behalf of Defendant: Scott Geibel Counsel of Record for this Party: Macey, Aleman, Hyslip & Seams Alla Gulchina, Esq. Pa I.D. # 307014 Macey, Aleman, Hyslip & Seams 30 Park Road Tinton Falls, NJ 07724 Telephone No.: 877-553-3328 Fax No.: 866-757-7826 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Civil Division Plaintiff, No. 2010-04922 VS. Code No. SCOTT GEIBEL PRAECIPE FOR APPEARANCE Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Macey, Aleman, Hyslip & Seams, specifically Alla Gulchina, Esq., as counsel for Defendant, Scott Geibel, in the above captioned case. Respectfully Submitted, p & Searns Macey, Aleman, H;7y"' c ( (? -? A lla Gulchina, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 877-553-3328 Date: Se tembe 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Civil Division Plaintiff, VS. SCOTT GEIBEL Defendant. No. 2010-04922 Code No. PRAECIPE FOR APPEARANCE CERTIFICATE OF SERVICE I, Alla Gulchina, Esquire, hereby certify that I served a true and correct copy of the Praecipe for Appearance, on thisM day of f l 2010, via United States First Class Mail, upon Plaintiff's counsel: Lloyd S. Markind, Esq. Sklar - Markind 102 Browning Lane, Bldg. B, Suite 1 Cherry Hill, NJ 08003 Alla Gulchina, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r(I ;--q AMERICAN EXPRESS CENTURION BANK, Plaintiff, VS. Civil Division No. 2010-04922 -rte Code No. 3 SCOTT GEIBEL, Defendant. ANSWER AND NEW MATTER Filed on Behalf of Defendant: Scott Geibel Counsel of Record for this Party: Macey, Aleman, Hyslip & Seams Alla Gulchina, Esq. Pa I.D. # 307014 Macey, Aleman, Hyslip & Seams 30 Park Road Tinton Falls, NJ 07724 Telephone No.: 877-553-3328 Fax No.: 866-757-7826 CZ, --r r?-t - CD -n X7 iJ It I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Civil Division Plaintiff, vs. SCOTT GEIBEL Defendant. No. 2010-04922 Code No. ANSWER AND NEW MATTER AND NOW comes Defendant, Scott Geibel, by and through his undersigned counsel, Macey, Aleman, Hyslip & Seams and Alla Gulchina, 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 his 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. -4 1 7. The averments of Paragraph 7 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. WHEREFORE, Defendant, Scott Geibel, requests this Honorable Court to enter judgment in his favor and against Plaintiff, American Express Centurion 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 estoppels. 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 part 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 maybe granted. 28. Relief is barred because the terms of the putative contract are unconscionable or otherwise unenforceable. 29. Relief is barred because Plaintiff's Complaint is preempted by compulsory arbitration and Answering Defendant demands compliance with same. WHEREFORE, Defendant, Scott Geibel, requests this Honorable Court to enter judgment in his favor and against Plaintiff, American Express Centurion Bank, together with costs of defense. Respectfully Submitted, Date: 1, 2010 Macey, Aleman, Hyslip & Searns 7 f /A Alla Gulchina, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 877-553-3328 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Civil Division Plaintiff, vs. SCOTT GEIBEL, . Defendant. No. 2010-04922 Code No. ANSWER AND NEW MATTER VERIFICATION I, Alla Gulchina, 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 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: Alla Gulchina, Esq. Attorney for Defendant DATE: ?{^L? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK, Civil Division Plaintiff, VS. SCOTT GEIBEL, Defendant. CERTIFICATE OF SERVICE No. 2010-04922 Code No. ANSWER AND NEW MATTER I, Alla Gulchina, Esquire, hereby certify that 1 served a true and correct copy of the foregoing Answer and New Matter on this day of eK 2010 via United States First Class Mail, postage prepaid, upon the following counsel of record: Lloyd S. Markind, Esq. Sklar - Markind 102 Browning Lane, Bldg. B, Suite 1 Cherry Hill, NJ 08003 BY: 6(ao Alla Gulchina, Esq. ?- Attorney for Defendant Lloyd S. Markind Esquire (ID#52507) Francis J. Skinner Esquire (ID#80562) Sklar -Markind 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 856/616-8710 Attorneys for Plaintiff File No. A1000314 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK Plaintiff vs. SCOTT GEIBEL. Defendant ~F 1"t~,~ P~~ i i,'~,~t~TA~ ' 2~~4 ~~~' ~-'~ ~P I!: ~~ ~Uhif?~~~fic~[l CO~~~T'q' i tsrk~ ~ ~.~~~~~+:~~', No. 10-4922 :CIVIL ACTION PLAINTIFF AMERICAN EXPRESS CENTURION BANK'S REPLY TO NEW MATTER FILED BY DEFENDANT Plaintiff, American Express Centurion Bank, by and through its undersigned counsel, Sk1ar~Markind, hereby files the following reply to defendant, Scott Geibel's New Matter filed in his Answer, and avers as follows: 8. Plaintiff hereby incorporates all preceding paragraphs of the Complaint as if fully set forth herein at length. 9. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 10. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 11. Denied. T'ne allegations in this paragrap}~ are denied as conclusions o£ law to which no response is necessary. 12. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 13. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 14. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 15. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 16. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 17. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 18. Denied. The allegations in this paragraph are denied as conclusions of law to which no responseis necessary. 19. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 20. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 21. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 22. .Denied. T1e allegations in this paragraph are denied as conclusions of law to which no response is necessary. 23. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 24. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 25. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is~ necessary. 26. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 27. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 28. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. 29. Denied. The allegations in this paragraph are denied as conclusions of law to which no response is necessary. WHEREFORE, plaintiff, American Express Centurion Bank, demands judgment against the Defendant. in its favor for the amount set forth in the Complaint, and dismissing Defendant's New Matter. ~ficis J. Skinner, Esquire Attorney for Plaintiff ID #80562 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 856/616-8710 ti CERTIFICATION OF SERVICE I, tY1n~A ~.R m~c~ ,~ Q ~iob~-. ,hereby certify that I caused a true copy of the foregoing REPLY TO NEW MATTER to be served on this ~~ day of ~C~bcrr , 2010, upon the following parties by U.S. Mail: Alla Gulchina, Esq. Macey, Aleman, Hyslip & Searns 30 Park Road Tinton Falls, NJ 07724 Dated: l0~ I ~0 ~ - FILE NO.: A1000314 Davit[ . Buer prothonotary Office of the Prothonotary Cum6 errand County, Pennsylvania rkS. Sofionage, ESQ Solicitor ld " 'Y QoZeR.. CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH • PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® Carlisle, ',,q 0 (Phone 717 240-6195 0 Fax 717 240-6573