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Home My WebLink About02-3933IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDIAN NATIONAL BANK Plaintiff VS. CHARLES G. KIEFFER Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02620456 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDIAN NATIONAL BANK Plaintiff VS. CHARLES G. KIEFFER Defendant Civil Action No. COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 an 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDIAN NATIONAL BANK Plaintiff VS. CHARLES G. KIEFFER Defendant Civil Action No. COMPLAINT AND NOW COMES, Plaintiff, Providian National Bank, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, Charles G. Keiffer, and, in support thereof, Plaintiff avers as follows: 1. The Plaintiff, Providian National Bank, is a corporation with its principal place of business located at 295 Main Street, New Hampshire, 03276. 2. Plaintiff is the owner of this account, which is the subject matter of this action. 17O13. Defendant is an adult individual residing at 7073 Leibys Parkway 98, Carlisle, PA 4. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4428231871109234. 5. By use of the account, the Defendant became bound by the terms in the Account Agreement. 6. Defendant made use of said account and has currently a balance due and owing to Plaintiff, as of June 27, 2002, in the amount of $23,669.76, as shown by Plaintiff's Statement of Account attached hereto, made a part hereof and marked as Exhibit "1" 7. Defendant is in default of the terms of the Account Agreement having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Charles G. Keiffer individually, in the amount of $23,669.76 with continuing finance charges thereon at the legal rate of 6% per annum from June 27, 2002, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02620456 *******STEPHEN REYNOLDS 07/29/02 ******* TCSI 001 CODE IHB ACCT 4428231871109234 CYCLE 28 AGENT 9810 ( 12 MONTH HISTORY :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CURRENT PAYMENT 0 091500 .00 MIN PYMT 474.00 PURCHASE 0 111898 .00 CASH ADV 0 110698 .00 CREDITS 1 9.76 MISC CHG 0 .00 INS FEE .00 LATE CHG .00 OVRL FEE .00 PURC F/C 5.98 CASH F/C 7,264.23 LIMIT 17,500.00 BALANCE 23,669.76 SCREEN SELECTION ( 1 2 3 4 ) (01) 06/27/02 0 .00 9,182.00 0 .00 0 .00 0 .00 0 .00 .00 .00 .00 .10 350.44 17,500.00 23,679.52 (02) 05/30/02 (03) 0 .00 8,708.00 0 .00 0 .00 0 .00 0 .00 .00 .00 .00 .11 381.82 17,500.00 23,328.98 => KIEFFER CHARLES 04/29/02 (04) 03/28/02 0 .00 8,241.00 0 .00 0 .00 0 .00 0 .00 .00 .00 .00 .11 387.45 17,500.00 22,947.05 0 .00 7,782.00 0 .00 0 .00 0 .00 0 .00 .00 .00 .00 .10 345.35 17,500.00 22,559.49 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Susan Cowherd, Designated Agent of Providian National Bank, plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Susan Cowherd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDIAN NATIONAL BANK Plaintiff VS, CHARLES G. KIEFFER Defendant No. 02-3933 CIVIL MOTION FOR SUBSTITUTION OF SUCCESSOR PURSUANT TO Pa.R.C.P. 2352 FILED ON BEHALF OF PLaintiff COUNSEL OF RECORD FOR THIS PARTY: William T. Molczan, Esquire PA. I.D.ff47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 wwd¢02620456 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDIAN NATIONAL BANK Plaintiff VS, CHARLES G. KIEFFER Defendant No. 02-3933 CIVIL MOTION FOR SUBSTITUTION OF SUCCESSOR PURSUANT TO Pa.R.C.P. 2352 AND NOW COMES Plaintiff, Providian National Bank, by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A. , and hereby files this Motion for Substitution of Successor as follows: STATEMENT OF MATERIAL FACTS: 1. Providian National Bank commenced this action against the Defendant by filing a Complaint in Assumpsit alleging that Defendant failed to repay a credit card debt. 2. Chase Manhattan Bank U.S., N.A., (with an address of 3700 Wiseman Boulevard, San Antonio, Texas 78251) recently purchased from Providian National Bank the credit card account which is the subject of this litigation. 3. Chase Manhattan Bank U.S., N.A. is now the owner of this credit card account and is the proper party to which payment is now due. 4. Defendant would not be prejudice in any way by permitting the substitution of Chase Manhattan Bank U.S., N.A. for Providian National Bank. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to Pennsylvania Rule of Civil Procedure 2352, substituting Chase Manhattan Bank U.S., N.A. for Providian National Bank. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CERTIFICATE OF SERVICE I, William T. Molczan, hereby certify that a true and correct copy of the Motion for Substitution of Successor Pursuant to Pa.R.C.P. 2352 ~vas s~rved on Defendant by regular U. S. Mail, postage prepaid, this ~-0~r~ dayof ~-'~""q~~ ,2O02, addressed as follows: CHARLES G KIEFFER 7073 LEIBYS PKWY 98 CARLISLE, PA 17013 William T. Molcza/n, Esquire / CHASE MANHATTAN BANK U.S., N.A. V. CHARLES G. KIEFFER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 2002-3933 CIVIL TERM : ORDER OF COURT AND NOW, this 17TM day of SEPTEMBER, 2002, a Rule is issued upon Plaintiff to Show Cause why the Motion to Substitute Successor should not be granted. Rule returnable ten (10) days after service. Edward E. Guido, J. Weltman Weinberg & Reis Co. LPA KOPPERS BUILDING 436 7TM Avenue, Suite 2718 Pittsburgh, Pa. 15219-9517 Charles G. Keiffer 7073 Leiby's Parkway 98 Carlisle, Pa. 17013 :sld SHERIFF'S RETURN CASE NO: 2002-03933 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS KIEFFER CHARLES G - REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon KIEFFER CHARLES G the DEFENDANT , at 2053:00 HOURS, at 7073 LEIBYS PARKWAY 98 CARLISLE, PA 17013 CHARLES KIEFFER on the 218~ day of ~ugust , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this _~/~ day of t~rdthonotary -' So Answers: R. Thomas Kline 08/22/2002 ~ WELTMAN WEINBERG ~S Deputy Sheriff CHASE MANHATTAN BANK U.S., N.A., Plaintiff Vo CHARLES G. KIEFFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 2002-3933 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 24TM day of SEPTEMBER, 2002, a Rule is issued upon I)efendant to Show Cause why the Motion to Substitute Successor should not be granted. Rule returnable ten (10) days after service. Edward E. Guido, J. ,/~eltman Weinberg & Reis Co. LPA KOPPERS BUILDING 436 7TM Avenue, Suite 2718 Pittsburgh, Pa. 15219-9517 Charles G. Keiffer 7073 Leiby's Parkway 98 Carlisle, Pa. 17013 :sld IN THE COURT OF COMMON PLEAS OF CUMBERLANE) COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK U.S., N.A. Plaintiff Vs. CHARLES G. KIEFFER Defendant Case No. 02-3933 Civil MOTION TO MAKE ABSOLUTE WHY RULE FOR SUBSlTIJTION SHOULD NOT BE GRANTED FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Mollczan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-795;5 wvv~0262045,6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK U.S., N.A. Plaintiff Vs. CHARLES G. KIEFFER Defendant Case No. 02-3933 Civil MOTION TO MAKE ABSOLUTE WHY RULE FOR SUBSITITUTION SHOULD NOT BE=- GRANTED AND NOW COMES Plaintiff, Chase Manhattan Bank U.S., N.A., by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A., and files the following Motion: 1. Chase Manhattan Bank U.S., has previously filed a Motion in this Court indicating that it purchased the underlying debt in this case (from Providian National Bank) and asks this Honorable Court to substitute it as Plaintiff in this matter. 2. This Motion has been served upon the Defenda~nt and no response or objection has been filed. 3. On September 24, 2002, a Rule was issued upon Defendant to show cause why · the Motion to Substitute successor should not be granted. Although the Rule was returnable by October 4, 2002, Defendant has yet to respond. WHEREFORE, Plaintiff requests its Motion to Substitute Successor be granted. Will~'am 'i"~rVlol.czan, Esq~tJ~ PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CERTIFICATE OF SERVICE The_undersigned certifies that a true and correct copy of the within Motion to Make Absolute Why Rule for Substitution Should Not be Granted was served on the I~ day of February, 2003, by first class, U.S. Mail, postage-prepaid, addressed as follows: Charles G. Kieffer 7073 Leibys Parkway 98 Carlisle, PA 17013 Attorney for PI.ainti~' FEB 2 0 200!. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK U.S., N.A. Plaintiff Vs. CHARLES G. KIEFFER Defendant Case No. 02-3933 Civil ORDER OF COURT AND, this deemed the Successor to the Plaintiff in this case. ,2003, Chase Manhattan Bank U.S., is IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK U.S., N.A. Plaintiff VS. CHARLES G. KIEFFER No. 02-3933 Civil PRAECIPE FOR DEFAULT JUDGMENT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02620456 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANK U.S., N.A. Plaintiff VS. CHARLES G. KIEFFER Civil Action No. 02-3933 Civil Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, Charles G. Kieffer, above named, in the default of an Answer, in the amount of $24,101.65 computed as follows: Amount claimed in Complaint interest from 6/27/02 to 10/16/02 at the contract interest rate of 6% per annum TOTAL $23,669.76 $431.89 $24,101.65 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ~~ PA !.D. #47437 --'~ .... // co.. ,.,.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02620456 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2601 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 7073 Leibys Parkway 98, Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN BANI.( UT-S., N.A. Plaintiff vs. CHARLES G. KIEFFER X C/vii Action No. 02-3933 Civil Defendant TO: Charles G. Kieffer 7073 Leibys Parkway 98 Carlisle, PA 17,013 IMPORTANT NOTICE Date of Notice: ~ YOU ARE IN DEFAULT BECAUSE YOU PERSONALLY OR BY ATTORNEY AND FILE IN OBJECTIONS TO THE CLAI~MS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, '~ JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU~DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. HAVE FAILED TO ENTER A WRITTEN APPEARANCE WRITING WITH THE COURT YOUR DEFENSES OR LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. PA I.D. #47437 ~ WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02620456 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ' " ., WJlI~ PA !._D:. _#47437 ---'~ ....~' co., ¢~ o r~oppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02620456