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Home My WebLink About13-4155 Supreme - Court of Pennsylvania �Colli f coin><>jli Fleas For Protlionotsrrs Use orr.dv: Coilinti, Docket No: iQ ?' � � 777e information collected on this form is used solely for court administration jmrposes. Psis fonnn does not supplement or replace the;flang and sen�ice of pleadings or otlier papers as required ky late or rules of court.. I• S Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T GE CAPITAL RETAIL BANK EILEEN RUGH I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits O (check one) ❑ outside arbitration limits N Is this a Class Action Suit? El Yes ED No Is this an MDJAppeal? El Yes ® No I A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates. P.C. ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim check the one that you consider most important. TORT (do not include A9ass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not I � S [I Employment Dispute: include mass tort) Discrimination E ❑ Slander/Libel/ Defamation El Other: ❑Employment Dispute: Other ❑ Zoning Board C , El Other: I ❑ Other: 0 MASS TORT N [:3 Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment $ ❑Other: ❑ Ground Rent ❑Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL El Partition E) Replevin LIABLITY E] Quiet Title El Other: F1 Dental El Other: ❑ Legal F-1 Medical ❑ Other Professional: Updated 111/2011 Our File No.. 353965E =' P Pug I �1 �jL , A r APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 20 1 3 JUL 1 8 AM N: 2 3 Attorney I.D. #38423 CUM8ERLANu LOU,,j y 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff GE CAPITAL RETAIL BANK ) COURT OF COMMON PLEAS 170 ELECTION ROAD, SUITE 125 ) CUMBERLAND COUNTY DRAPER, UTAH 84020 , 6�'z NO.: Plaintiff, VS. ) EILEEN RUGH ) 4182 ELK CT ) MECHANICSBURG, PA 17050 -7659 ) Defendant. ) 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 /d3.7S - ?;2 7-3 Our File No.: 353965 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 GE CAPITAL RETAIL BANK ) COURT OF COMMON PLEAS 170 ELECTION ROAD, SUITE 125 ) CUMBERLAND COUNTY DRAPER, UTAH 84020 ) NO.: Plaintiff, ) VS. ) EILEEN RUGH ) 4182 ELK CT ) MECHANICSBURG, PA 17050 -7659 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is GE Capital Retail Bank ("Plaintiff'), a federally chartered savings bank with a principal place of business located in Draper, Utah. 2. Defendant(s) is /are EILEEN RUGH ( "Defendant "), an adult individual residing at 4182 ELK CT MECHANICSBURG, PA 17050 -7659. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 9376. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. . ' P 8. The amount due as of this date is $5,143.71. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,143.71 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER SOCIATES, P.C. Attor ey f Plaintiff A Law Firm E gage in Debt Collection BY: David J. A er, Esquire Our File No.: 353965 Defendant-, Name: RUGl1, EILEEN Account Number: * * * * * * * * * * ** *9376 VERIFICATION I hereby state that 1 atn an employee for the plaintiff' herein, with authority to sign this verification; and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing. Complaint in Civil Action are true.and correct to the best of.my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. 'Tile language - .in the Complaint is that of counsel and not of ,plaintiff. To the extent that the contents of the Complaint are that of:counsel, .plaintiff.has relied upon counsel in i�naking this verification: 'This. verification is.made subject to 18 Pa.C:S. Section 4004 which provides for certain penalties .for making false statements. ............. Vi cir.k3alaguer Version - 1.0.3_PA_09�19,2012 Ref:FA91 &43ERVR ^ ~= Tn Cour ' Judicial Crcdhor Name: OS Capital Retail Bank Debtor Name: Ku &coouml�pmhuc --' —' ATlDA«n0PACCOON[QAL&NCE STATE OFOHIO :0S COUN7YD[M0NTGOM2DY BEFORE ME, the undersigned authority personally appeared and personally known by me, this day, Victor Bu)u8ucr and who after being duly sworn deposed and says uo follow n: l. l arn acompetent person over eighteen years of age. I am an eniployee of GE Capital Retail Bank . ("QE Capital"), which is the creditor for the account nf the Debtor identified u6nvo. 1um authorized 1u make this &fOdxvb. 2. K have personal knowledge of the facts set forth |u this affidavit. ordinary D business ohn��u as of l ��ic��.m�� io� n��m�mmn� �� the date of t affidavit, the unpaid balance of Debtor's account is $5,|43.7i 4. The business records maintained byGECapital in the ordinary co oF its business show d`u ruof ��dNoof�biouf�dnvi�U�)os\poymontwa$reocivodGnm�oDn6nx on 4/1-1/2012 in�eummuo of $70.00. 5` The business records maintained byGECapital in t ordinary course o[ its business, dmw that the account nf the Debtor was charged off oo !0.23/2O|2\n the amount of$5 6. Based on my search of the Department of Defense Service me Civil Relief Act (SCRA) wohxho,h|smy belief that thoDobtorin not io military service. I dec are ui Zthe penalty of perjury that the foregoing is. true and co me this 18 Day u[K4mmh N r My commis ion e pir Aj o Jp b'vsL^ ]/ Version ^1�O 9_2012RetFA81843[RVR CARECREDIT /GECRB cardholder Name: EILEENMRUGH Account Nurrber : 9376 GE Capital Retail Bank Statement aosing z + + + ++ + + + + ++ + ++ + + + + ++ + + + + + + + ++ Previous Balance $5.108.71 New Balance $0.00 + New Purchases $0.00 Total Minimum Payment Due $1,239.00 - Payments $0.00 Payment Due Date 1012512012 +/- Credits, Fees & Adjustments (net) $5,108.71- PAYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE +I- Interest Charge net $0.00 We may convert your payment into an electronic debit. See New Balance $0.00 reverse side. Credit Linit $4,000.00 Available Credit $0.00 Late Payment Warning: I we do not receive your Total Days in Billing Period 29 Mnirrum Payment Due by the Payment Due Date listed above. you may have to pay a late fee up to $35.00. Pay online for free at: gogecapital.com For GECapital Retail Bank customer service or to report your card lost or stolen, call 1- 866 -893 -7864. Best times to call are Wednesday - Friday. Promotional Promotional Deferred Tran Date Description initial Expiration Balance Interest Charge Purchase Date Amount UNTIL PAID OFF $1,272.06 $0.00 02/29/2012 Fixed Payment Reduced Apr $1,227.00 A summary of your pommtional purchase is provided above. Any promotion may be terainated if your account goes 60 days past due. 9 you have a DEFERRED INTEREST/NO INTEREST IF PAID IN FULL promotion: To avoid paying Deferred Interest Charges on these promotion(s), you must pay the entire applicable Romolional Balance by the Promotional Expiration Date. On a Fixed Payment (Extended Payment Ran) promotional purchase, the Interest Charge is billed monthly and included as part of the Mnimum Payment due. To rake more than one payment see Make Paynenl To address or pay online at gogecapital.com +++++++++++++++++++++ ++ ++ + + + +++ + + + + + + ++ + + + + + ++ + + + + ++ Tran Date Post Date Reference Number Description Amount 10/2312012 10/2312012 F90720OMT00999990 CHA RGE OFF ACCOUNT PRINCIPALS $3,641.09 CR 10/23/2012 10123/2012 F90720OMT00999990 CHARGE OFF ACCOUNT'FNANCE $1,502.62 CA CHARGES FEES 10/17/2012 10/17/2012 LATE FEE $35.00 TOTAL FEES FOR THIS PERIOD $35.00 INTEREST CHARGED 10/23/2012 10/23/2012 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 Total Fees Charged in 2012 $520.97 Total Interest Charged in 2012 $874.75 Total Interest Paid in 2012 $19.89 t++++++++++t+++t ++ ++ +t ++ ++ ++ +++t ++ ++ ++ ++ ++ ++ +++ Expiration Date Annual Balance Subject to bterest Charge Type of Balance Percentage Interest Rate Rate (APR) Purchases NA 22.98% $0.00 $0.00 Fixed payment Reduced Apr LNTIL PAID OFF 14.90 $0.00 $0.00 NOTICE See reverse side and additional pages If any) for important information concerning your account. 5302 DPH 1 3 22 121023 2X PAGE 1 of 3 9072 3000 XB29 Ol EJ5302 Payonline at gogecapitol.co - -dose Nis ceuponwithyour check. Pleeseuse blue or black ink. —I + + ++ + ++ ++ + + 4+ + tot: ++ + t +t+ + + + + $1,239.00 1 $0.00 10/25/2012 $0.00 9376 Payment Enclosed : s ❑ ❑ ❑ ❑ Fl. ❑ ❑ New address or a -mall? Payment due includes $ O.OD past due. Please pay the past due amount PROMPTLY. Check the box at left and print changes on back TAADAADTDTFFTDAAAAAAADAFDDTDDFAFAATDDDDFADDDAFADDTATTFDATAFAAAFDA EILEEN M RUGH PO BOX 5784 Make Payment to: GE CAPFFAL RETAIL BANK SPRING HILL FL 34611 -5784 PO BOX 960061 ORLANDO, FL 32896 -0061 ATDDFADTTFTFAFTDTDDFDFAATDDFDTTDAD M- AADTTFDDAFTDATTDATTFAAFDAAAD customer Service /Questions: For account information, please call the toll free number on the front of this statement. Unless cess to information on the account may your name is fisted on this statement. your It be limited. You may also mail questions (but not payments)to: P.o. Box 965933, Orlando, FL 32896 -5033. Please include your.account number an any correspondence you send to us. payments: Send payments to the address listed on the remittance coupon portion Of this statement or pay Online at wwvr. gogecapitol.com. Overnight Paymentr. Payments cannot be made In person,. mail payments to G6 Capital Retail Bank, 140 Wekivo Springs Road, Longwood, FL 32779. Notica: see below for your Billing Rights and other important information. Telephoning about billing errors will not preserve your rights underfederol law. To preserve your rights, please write to Our Billing inquiries Address, P.O. Box 965035, Orlando, FL 32896-5035. Purchases, returns and payments mado just prior to billing date may not appear until next month's statement. When you provide a check as payment, you authorize us either to use information ham your check to make a one -time electronic fund transfer fromyour account or process the paymentas a check transaction. When we -use information from your check to make an electronic fund transfe r, funds may be withdrawn from your account as soon as the some day we receive your pay' ment and you will not receive your che back from your financial Institutio You may choose not to have your payment remittance envolnpo, t °PO Bo %530860, GA 0353 0460 ami of the paymanY p What TO Do If You Think You Find A Mistake On Your Statement: #you think there is an error on your statement, write to us at GE Capitol Retail Bonk, P.o. Box 955035, Orlando, Fl, 32896- 5035.. In your letter give us the following information • Accauntinfvrmatian: Your name and account number • oollar amount The dollar amount of the suspected error • Desulption of problem: If you think there is on error on your bill, describe what you believe is wrong and why you be- lieve it is a mistake. You must contact us within 60 days after the error appeared on yyour statement.. You must not!fy us of any potential errors in writing You may mllus, butif you do we are not required to investigate any potential errarsand you may have to pay the amount in question - While we investigate whetseror act there has been an error, the fall ow ing are tnie: • We ronnot try to collect the amount In question or report you as delinquenton that amount. • The chorgeln question may remain on your statement and we may continue to charge You interact on that amount. But, If we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • we can apply any unpaid amount against your credit limit. Information About Payments: You may at any time pay, in whole or in p art, the total Unpaid balvncewithoutanyadditional charge for prepayment. Paymentz received after 5:00 PM (ET) on any.doy will be credited as of the next day. Credit to your account may be delayed up to five days if payment (a) is not received at the Pa ent address, itsI is not made in U.S, dollars drawn on a U.S. financial institution located in the U.S., it) is not acco anied by the remittance Coupon attached to your statement, (d) contains more than one payment or remittance coupon, (s not received in the remittance envelope provided or (f} inetudes staples, paper clips, tape, a folded check or correspondence of any type. SandiEanat Povmentr All written communications concerning disputed amounts, including any check or other payment mstrumentthat: (i) indicates thatthe payment constitutes "payment m full" or is tendered as full satisfaction Of* disputed am o un t, at Iii} is tendered with other Conditions or limitations rohsputed Payments"], must be mailed or delivered to us of P.O. Box 965035, Orlando, FL 32896 -503S. Credits to Your Account: An amount shown in parenthesis is a credit or credit balance unless otherwise indicated. Credits will be applied to your previous balance irnmedlately upon receipt, but will not satisfy any required payment that may be due. Credit Reports and Account Information: if you believe that we may have reported inaccurate information about you to a consumer - reporting agency Please Contact us at P.O, Box 965936, Orlando, FL 3289E-5036. in doing. so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a Copy Of the credit report that includes the+nac• curate informatio n, please include a copy of that report . We may report information about your account to credit bureaus. Late Payments, missed payments, or other defaults on your account may be reflected in your credit report. How we Calculate Interest: We figure the interest charge on your account byopplying the periodic rate to the "daily bal- ance of your account for each day in the billing cycle. We then add the interest to the daily r one T o get he "daily and ant we take the beginning balance of your account each day (which includes unpaid interest), n e Y 4 applicable fees, andsubtractonypoymentsorcredits. This gives us the daily botance. Any .daily balance Of less than zero will he treoted as zero. Aseparate daily balance will be calculated for each balance type on your account. The bolancelsl shown in the interest Charges section of this statement is. the sum of the daily balances for each day in the billing cycle divided by the number of days in the billing cycle. related to Bankruptcy Notice: li ou file bankruptcy you must send us notice, including account numberand all information Roswell, 0076. the proceeding to the fallowing address: GE Capital Retail Bank, Attn: Bankruptcy Dept:, P.O. Box 103106, Your account is owned and serviced by GE Capitol Retell Bank, Hearing Impaired: TDO users call 1 -877- 448 -8512 U of information About You and Your Account: Our Privacy Policy describes out collection and disclosure of infarmob n aboutyou and your Account. If you would like a mother copy of the Privacy Policy, Please call us at the customer service tele. phone number indicated on the front of th is statement. This is an attempt to collect a debt and any information obtained will be used for that purpose. OIEJ53 02 - 12 - 03/05/12 By providing a telephone number on your account, you consent to GE Capital Retail Bank and any other ownerorservicer of yourarxountoontactingyouaboutyouraccount, includingusinganydontadinformationorcellphonenumbe =r y uprovide, and you consentto the use °f any automatic telephame dialing system and /oran artificial or rerecorded voice when contact- ing trou, even if you are charged forth- call underyour phone Or.,lan. For changes of address Or phone number, please check the box and print the changes below. Retail EN - OlEJ5302 Name Street Address l � City State Zip Cc e Home Phone 7t Business Phone # Cell #or other phone # we can use to contact you Email Address Remember, you can update the above information as well as Your e address online at wv,w.gogecapitOl.com Cardholder Name: EILEEN M RUGH Account Number:- 9376 Statement Closing Date: 10/23/2012 M�Idetr �Iothe �p+ + +t+++++++++t +t + in order to protent privacy, w e are unable to provide account information to anyone other than the cardholder(s) or an authorized pash to pernit us to speak to an authorized parry such as a spouse about your account, please send w ritten authorizeneral M uiries address. 5302 D 3 22 121023 EX PAGE 2 0. 3 9012 3000 X029 OlEJ5302 I SHERIFF'S OFFICE OF CUMBERLAND COUNTY r'ILED-Ci f=ICE Ronny R Anderson C f Sheriff Ic {CI Jody S Smith 7013 AUG 23 PM 2' 26 Chief Deputy ' '' `- CUMBERLAND COUN',Y Richard W Stewart ENSYL��tA Solicitor �,a ,c� � '� GE Capital Retail Bank Case Number vs. 2013-4155 Eileen Rugh SHERIFF'S RETURN OF SERVICE 07/26/2013 08:31 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eileen Rugh, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 4182 Elk Court Apt. 115, Hampden Township, Mechanicsburg, PA 17050. Residence is vacant and to this date the Mechanicsburg Postmaster has been unable to provide a forwarding address. SHERIFF COST: $39.30 SO ANSWERS, August 22, 2013 RbNW R ANDERSON, SHERIFF (ci CountyS.uite Shorif(,'releosoi` Inc. Our File No.: 353965 Apothaker Scian P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff GE CAPITAL RETAIL BANK ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) vs. EILEEN RUGH Defendant. ) ) ) NO. 13-4155 ) ) ) ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection By: Benjami vallaro, Esquire O 10111 0 1111111111111 1 0 11