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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 OS) ga.00 PO Arl/ Cjr 13451 `] 2 ? y9871 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 i ``%l 4 \E ))j % /, 2 :Qg?. 'w 'z a e 7 J U ,0 CL • v ? 00 '04 111111 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