HomeMy WebLinkAbout10-6629FILED-OFFICE
2m Wilk PROTHONOTARY
THIS IS AN ARBITRATION MATTER,,etS??Ei 9MEN OF
DAMAGES HEARING REQUIRED. U AM 10: 24
GORDON & WEINBERG, P.C. CUMBERLAND COUNTY
BY: FREDERIC I. WEINBERG, ESQUIRE PENNSYLVANIA
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
GE MONEY BANK COURT OF COMMON PLEAS
4125 Windward Plaza Drive CUMBERLAND COUNTY
Alpharetta,GA 30005
VS. DOCKET NO. CIVI I a h
Daniel Charney
121 Fairview Dr
Carlisle PA 17013
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 JUDGEMENT 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
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COMPLAINT IN CIVIL-ACTION
1. At all times relevant hereto, the defendant(s) was the
holder of a credit card, which at the request of the defendant(s)
was issued to the defendant(s) by the plaintiff under the terms of
which the plaintiff agreed to extend to defendant(s)the use of
plaintiff's credit facilities.
2. Defendant(s) accepted and used the aforesaid credit card
so issued and by so doing agreed to perform the terms and
conditions prescribed by the plaintiff for the use of said credit
card.
3. The defendant (s) received and accepted goods and merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A true and correct copy
of the Statement of Account or Affidavit of Account, if available,
is attached hereto as Exhibit "A".
4. All the credits to which the defendant (s) is entitled have
been applied and there remains a balance due as of 9/28/10 in the
amount of $1,201.58.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due but the defendant(s)has failed and
refused and still refuses to pay the same or any part thereof.
6. Defendant's last payment on account was made on 6/17/09.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,201.58 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. W I ERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
P01A
2083417
10-14261-0
GE MOMY BANK
Daniel Charney
7981924392405098
VERIFICATION
I hereby state that I am the agent for the plaintiff herein,
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. The 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 making this verification. This
verification is made subject to 18 Pa.C.S. 54904 which provides
for certain penalties for mak4nq false statements.
EXHIBIT "A"
2244
Daniel Charney
7981924392405098
2083417
10-14261-0
GE N=Y BANK
AFFIDAVIT
I,SDj ?C-, pLnc:) , being duly served sworn according to
law, depose and say that:
1. I an the agent for the Plaintiff herein and I have custody
and control of the files relating to this account;-
2. I have personal knowledge of the facts and circumstances in
connection with this case;
3. Plaintiff's files are maintained in the usual and ordinary
course of business;
4. This action is based on a claim for breach of contract and
that damages are sought as a direct result of said breach;
5. There is now due and owing frog defendant to plaintiff, the amount
of $1,201.58 plus interest of $.00 at the rate of 0% less credits in the
amount of $.00 totaling $1,201.58 as of September 1, 2010.
6. if called upon, affiant can testify at trial as to the facts
pertaining to this matter.
The above facts are true and rrect to the best of my knowledge,
information and belief.
Sworn to and Subscribed
before me this / y day
of
Notary
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY .:7 =
Ronny R Anderson Y
Sheriff ° ' .. --
Jody S Smith r - -n
Chief Deputy
Richard W Stewart
•
Solicitor OFFICE.'V'F TWE S!.,[RIFF ??: ;,,? .
I
GE Money Bank
Case Number
VS.
Daniel Garcia Charney 2010-66 29
SHERIFF'S RETURN OF SERVICE
11/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Daniel Garcia Charney, but was unable to locate him in
his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant
Daniel Garcia Charney. Ashley Luther, current occupant of 121 Fairview Drive, Carlisle, PA 17013
advised Deputies, Daniel Garcia Chamey moved June 2010. The Carlisle Postmaster has confirmed,
Daniel Garcia Charney's new address is 4301 NW 36th Avenue, Cape Coral, FL 33993.
SHERIFF COST: $38.40
November 16, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
;c) CountySuite Shenffi, Teleosoft. Inc.
David D. Buelr
Prothonotary
Office of the Prothonotary
Cum6er[ancfCounty, Tennsyrvania
rkS. Sohonage, ESQ
Solicitor
Lo ? 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 • Suite100 • CarCisCe, T.A. • Phone 717 240-6195 • Ta.,717 240-6573