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HomeMy WebLinkAbout99-00012ST'EPH1iN B, LiPSON, Plutntifl v. IN'1'FIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AC'1'10N - I,AW [.,ARRY A. KAIIFFMAN, and NO. ~7 '° /~ Gfl~~ SANbRA d, KAIJFFMAN, befendants NOTICE TO bEFF;ND You have bean sued in eourt. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days alter this Complaint and Notice are served, by entering a written appearance personally or by attorney and fling in writing with tho Crnu1 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 Plaintif; You may lose money or property or other rights important to you. YOU SEIOULD 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 O1JT WHERE YOU CAN OET LEGAi.. HELP. Cumberland County Bar Association 2 Liberty Avenue Carfsle, PA 17013 Rhone: (717) 249-3166 srI1P1I1N n• I.rns()N, Plaintifff v. LARRY A. KAUI~I+MAN, and SANDRA J. KAI:JFPMAN, Defendants IN '1'HI; COURT Oh COMMON PL.L;AS CUMBRRLAND COl IN"I'Y,1"BNNSYLVANIA CIVI[, ACTION -LAW COMPLAINT 1. Plaintiff is Stephan B. Lipson, an adult individual who currently has his business office at 501 S, Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendants arc Larry A. Kauffman and Sandra J. Kauffman, husband and wife, who currently reside at 159 Cedar Lanc, Carlisle, Cumberland County, Pennsylvania. 3. On March 16, 1998 Defendants hired Plaintiff to prepare and file a joint Chapter 7 bankruptcy proceeding in the Middle District of Pennsylvania• The attorney's fee that Plaintiff and Defendants agreed upon for the preparation and filing of the petition, as well as Plaintiff's attendance at the first meeting ofereditors, was $490,00• 4. Defendants also were liable fur the $175.00 filing fee to be paid to United States Bankruptcy Court• On March 16, 1998 Defendants paid one-half of the attorney's fee, namely, $2A5.00, and promised to pay the balance within a rensonable time thereafter, 5. On April 18, 1998 Defendants paid Plaintiff the filing fee of $175.00, which Plaintiff then tendered to bankruptcy court with the petition that he had prepared and Defendants had signed• Plaiutiffattended the meeting of creditors in Harrisburg on May 26, 1998, thereby completing the work that he had agreed to do in exchange for payment of $490.00• 5. Defendants received their discharge on July 28, 1998. However, Defendants did nu! pay Pkdntlff the $245,00 duo and awing ti-r the proparation and tiling of the bunkruplry potition, In Jt-no of 1998 Defendants hired Pluintiff'to completo eortain extra work In con--oollon with their bankruptcy proceeding. Defendants had foiled to list three creditors on the list of creditors that they provided to Plaintiff; so Plaintiff hod to amend the bankruptcy, with notice to these creditors, in order fir the bankruptcy discharge to affect them. 8, Plaintlfftimely completed this work in Junc of 1998. Plaintiffpaid a $20,00 filing fee to bankruptcy court in order to file these amendments, and the attorney's fee for proparing these amendments was $40.00. This fee is tar loss than Plaintiffs customary and reasonable rate of $100,00 an hour, in that it took Plaintiff far longer then four•tenths of one hour to prepare those documents. 9, Plaintiff; at Defendants' request, later performed more extra work for Deferxlants in connection with their bankruptcy. Plaintiff, for no additional consideration, prepares or reviews realtir-nation agreements to be signed by debtors and secured creditors. Plaintiff reviewed such an agreement between Defendants and Mazda Credit. 10, Howover, aRer defendants signed the reatfrrmation agreement with Mazda, they foil behind in their payments to said creditor. Following discharge, Mazda repossessed the collateral, and debtors no longer wanted to continue making payments on a truck loan when the tntek had been repossessed. 1 I, Plaintiff, facing a short deadline to rescind the reaffirmation agreement sent a letter on August 13, 1998 to Mazda American Credit by Federal fi'xpress two-day delivery. Plaintiff incuned a mailing charge of $10,75 for this delivery, and he Darned additional attorney's fees of $50.00 for 0.5 hours of work at $100.00 an hour. 12. Defendants thus arc indebted to Plaintiff for $365,75 in fcos and posts in connection with the bankruptcy procoedi~, T;'efendunts have fui~d or rofused to make any payments on this indebtedness despite frequent demand for same. 13. Defendants also contacted Plaintiff with regard to an unrelated legal problem. PlaintffCa'rd Defendant Sandru J. Kauffnuu~ had telephone conversations on October 27, 1994 (0.6 hours) and October 28, 1998 (0.3 hours). Therefore, Defendants owe Plaintiff an additional $90.00 for these discussions (0.9 hours at $100,00 an hour). 14. Defendants are indebted to Plaintiff in a total amount of $4S5.7S and have not made payments on this anwunt, us agreed ripon. WHEREFORE, Plaintiffdemands judgment in his favor and against Defendants in an amotmt of $45S.7S, together with costs of this proceeding. Respectfully submitted, ~~ Stephen B, L- ipson~squire SO1 S, Hanover Street Carlisle, PA 170]3 (717)249-3929 VERII•ICATIQN I verify that the statements made in ibis Complaint are true and correct to my personal ktwwiedge, !understand tlwt any false staterrx+nts herein are mode subject to the peru-fties of 18 Pa. C.S, §4904, relating to unswom falsiNcation to authorities. Stephen B. Lipson, Plalntill' SHERIFF'S RETURN - REGULAR CApASE ppNCtAA1999pp-00012 P COUNTYWOFLCUM86RLANDSYLVANIA~ LIPSQ,f( 9'f,~'.PHEN N VS. -- KAUFFMAN LARRY A ET AL BRIAN BARRICK Sheriff ar Deputy'Sheriff of CUl18ERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE ANp COMPLAINT _^~N was werved upon KAUFFMAN,_LARRY A __`_~ _ __ tha delendsnt, ^t _ 13153 HOURS, on the 19th day of January _ 199,x, at 199 CEDAR LANE__ _ CARLISLE. PA 17013 ~~ _ _, CUMBERLAND County, Pennsylvania, by handing to SANDRA KAUFFMAN (WIFE) a true and attested copy of the NOTICE AND COMPLATNT end st the same time directing HSL attention to the contents thereof. 8heriff'e Coetet So an~~~ Dooketing SB.00 8ervioe 3. 10 •w~,,,,,,•e,P Affidavit Surcharge 9.00 omae ne, er OZ3T~'STEPHEN LIP90N 01/19/1999 ~ ~J b y ~~/~/ r 1` epu y er -' Swarn and subearibed to before me this ~ day of :~. 19~T A. D. ~11 C~._k .... l ~ ~1,.. o i. n n .r rotnanotary SIIERI'FF'S RETURN - RL*OULAR CASE ND~ 1999-00012 p COMMONWEALTH OF pENMMSYLVANIAi COUNTY OF CUMBERLANu LIP80_ N STEpHE~ g _ . VS. U FMA LARRY A ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvsni•, wha being duly sworn soaording to law, says, the within NOTICE AND COMpLAIN'P upon KAUFFMAN SANDRA J `~-~ r•e served defendant, at _13as~ -"""'-- the ,HOURS, on the 15th day of J•nu•rv 19~ at 15___,_9 CgpAR LANE -.-r County, Pennsylvania, by h•ndin to CUMBrRLAN~_~ g SANDRA KAUFFMAN • true and attested copy of the 0 ' ...~.._TICE AND_GOMPLAINT and •t tt~e ®ame time direoting dlZL attention to the contents thereof. Sheriff's Gowtsti So ans~/~~"° Dooketing 5.00 / Affidavit ; 00 '~'~~ S Suroherpe 8.00 ~om•s one, /er - ~. g0~37'EPNEN LIPSON 01A19/1999 %~j ®P Y er Sworn and subsoribed_to before me thi^ ~, day of ~_a..,. •, .. r ~- 19_(/4 L_ A~D1. ro on • y w STEI'WBN B. F,IPSON, Plaintiff v. IN TFIE COURT OF COMMON PLEAS CLLMBFiRLAND COUNTY, PENNSYLVANIA CIVIL ACTFON - L,AW LARRY A. KAUFFMAN, and SANDRA J. KAUFFMAN, Defendants N0.99.12 CIVIL'fERM PRAECIPE TO THE PRO'fIIONOTARY; Please outer judgment in favor Plaintiff and against Defendants for failure to appear or file an answer within 20 days from the date of service of Complaint, Darmgos are as follows: A. For $455.75 as demanded in the Complaint; and B, For all casts of suit and interest from date of judgnwnt. It is certified that written notices of intention to file this Praecipe were mailed to the Defendants against whom judgments are to be entered and to then attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this Praecipe. DATE; February I8, 1999 Judgment entered and damages assn Stephen B. Lipson, pro se 501 3. Hanover Streot Ca~~lisle, PA 17013 (717) 249-3929 DATE ; ~ - ~S~ ~ ~____ . S'I'F,PIII;N 8, 1.11'SON, I'laintitl' v. LARRY A, KAl11~FMAN, and SANUKA J, KAUI~I~MAN, Delandants To: Larry A. Kauffman, Ucl'cndant Date ofNotice; February 5, 1999 I - ~( y\. ~. ~ CJ~~~~ ' ~ IMI'OItTAN1' NO'T'ICE YOCJ AKE M DEFAULT BECAUSE YOCI I IAVE PAILGD TO ENTER A WRITTEN APPEARANCCi PERSONALLY OR BY A'I"I'ORNEY ANU F1LFi IN W-tl'1'IN(i WI'I'FI'1'Tlii COURT YOUR DEFENSES OR OBJEC'T'IONS TO TIIL', CLAIMS SE'T' FORTH AGAINST YOU, l1NLBSS YOU AC'T' WI'1'1lIN'1'EN DAYS FROM'I'I11i UATI> OIL '1'1115 NO'T'ICE, A JUDGMENT MAY BG L'N'fERED AGAINST YOCl WITHOUT A FIEARING AND YOU MAY LOSE YOUR PROPER'T'Y OR O'T'HER IMPOR'T'AN'T' R(GI1'I'S, YOCJ STIOULD'I'AKE THIS NO"FICE TO A LAWYER A'I' ONCE. IF YOU DO NOT LiAVE A LAWYER OR CANNO"I' AFFOKU ONE, GO'I'O OR'I'ELEPIIONE'fHE I~OLt,OWING OFI~ICE'fO MINI) OUT WHERE YOU CAN C,Ci'F LEGAL FIEI-,I': Camlxrland County Bar Association ;? Liberty Avcnuc Carlisle, 1'A 17013 Phone: (717) 249.3166 '- - __ r i 1 R UJ, ~OItAL i/11VIC/ - CERTIFICATE OF MAILIN4 nto.lwe r,m,: Stanhan R. 11p-nnT- ~` ~~...,,~. Heno4er Strea~_ .Carlisle. PA 17013 OM PNa o/ arNnrY MII tltlnr0 ta: _.I_Arr~ A_ I(ailffmAn t~,q (:adar~Lane Carl j.~e,_,, PA 1701 MAY // W/O •OR DOtll/TIC AND TNT RAtICNA1 MAIL f0111Ng111ANC/ -rotYMMi/A ~ ROAM A(pY 1/fl //17 A. ~; S ~, n 0 ~ in ~ ovnN<~~ -~ IN 'I'I Tli COUIt'I' OI+ COMMON I'I,IsAS ; CUMI)IRLAND COUNTY, PENNSYLVANIA t CIVI1, ACTION -LAW NO: 99-12 CIVIL'I'EKM Stc~hen B, Lipson, Plaintiff 501 S. Hanover Street Carlisle, PA 17013 (717) 249-3929 A 1 d S'fEl'IIEN B. I,IPSON, 1'luintiff v. LARRY A. KAl11~I~MAN, and SANDRA J, KAUI~RMAN, Defendants '1'0; Sandru J, Kauflinan, Defendant Dale ol'Notice: February 5, 1999 IN'1'l lE CQUR'I' OIL COMMON PL.I?AS CUMDIRLAND COl1N'1'Y, PIiNNSYI,VANIA CIVIL, AC'I'lON -LAW NO. 99-12 CIVIL'I'I?I2M IMPOR'I'AN'I' NO'1'ICI YOIJ ARE IN DEl'AUI; f BECAUSE YOU }IAVE FAILED'f0 ENTER A WRITTEN APPLiARANCh I'ERSONALL.Y OR BY A'f'fORN1Y AND I~II,E IN WRITING WIT'li 'I'I11i COURT YOUR DE['EN5L?S OR OBJECTIONS'I'O'1'HE CLAIMS SET PORTII AGAINST YOU. UNLESS YOII ACT WI'1'IIIN'I'IiN DAYS I~ROM'I'llli UA'1'li OIL THIS NOTICE, A JUllGMENT MAY BE ENTERED AGAINST YOIJ WP('FIOUT A I I[iARING AND YO[J MAY LOSE XOIJK 1'ROPfiRTY OR O'I'111iR IMYOR'I'AN'I' RIGFI'1'S. YOU SIIOULD'I'AKE THIS NOTICE 1'O A LAWYER AT ONCE. 11~ YOU UO NOT HAVE A LAWYER OR CANNOT AI~I~ORL) ONIi, GO'I'0 OR TliL1iP110NR'1'1-Ili I~OL[.OWING OP[~'!CE'I'O FIND OU'f WI-EKE YOU CAN GET LEGAL 1IEL.P: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 ~~~ u.~. raaL unvw~ CERTIFIOAT! OF MAlLINO ~~ ° '8 nwl~e r,em: ~. Cto h~__m_n_R Lipen~F¢~" ~C ~QI S. Hanover Street _ .Carlisle. PA 17013 _.__~ H OM OIM OI e/NnYy m111 Wdnwo M~ ,-. n T c l ~~ O ~ ~p N Sandra J. K~fma ~~ m 1~ oJ-CD Cedar Lane ~~ _~`"~~~~ tJ ~ N Carl i see a ';~`<,, MAV 11 W~p X011 DOMpTIC 11N0 tNTUN I C~NSIL ~! ~OII IMI,II~Yn~ .. w' ~ %Y ~, - ~ J ~j l- ~' Step cnh 13, Lipson, Pluintifl'~-- ' 501 S. Llunovcr Street Carlisle, NA 17013 (717) 249.3929 J gr..k ..