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Home My WebLink About05-4916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OS - .l..Jq/~ C;Ult~~ vs. COMPLAINT IN CIVIL ACTION TODD KAUFFMAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04469784 C A pit WLG . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Civil Action No 6J-- '19/(, Cu;J '-r;;...... vs. TODD KAUFFMAN Defendant COMPLAINT 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. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 . 2. Defendant is adult individual(s) residing at the address listed below: TODD KAUFFMAN 670 HILLCREST DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011298846252876 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of September 13, 2005 , in the amount of $5655.22 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant, TODD KAUFFMAN ,individually, in the amount of $5655.22 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. L.P.A. 2718 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. ~"l:fu,n "u, <oruu~ 31 SDSN6A01 0009978 TODD KAUFFMAN 670 HILLCREST DR CARLISLE PA 17013-4334 SAVE TODAY I Call 1-866-894-5727 to transfer your higher-rate balances to your Discover@ Card or visit Discovercard,com. /IJJI/1 ~ Y I (jJ V\ I r ..,,~ i PO BOX 15251 11I11I1111I1111111I11.11111 WILMINGTON DE 19886-5251 Address or telephone change? Please print change in the space above, 1111111.1111111.1111..1111.1,111.1.111.111I.11.111111111I.1111 or go to Discovercard.com, 000006011298846252876000000000000000101800 Discover Platinum Card Account Summary Closing Date: July 31, 2005 page 1 of 2 previous balance $5,655.22 .account number 6011 298846252876 payments and credits 5,655.22 payment due date August 30, 2005 purchases + 0.00 'minimum payment due $1,018.00 cash advances + 0.00 credit limit $5,000 credit available $0 balance transfers + 0.00 ,:ash credit limit $2,500.00 FINANCE CHARGES + 0.00 ;~ash credit available $0.00 new balance = $0.00 Cashback Bonuse Cashback Bonus@) Anniversary Date: October 26 $ + 0.00 0.00 0.00 0.00 0.00 0.00 Previous Cashback Bonus Award Balance Purchase Award This Period Cashback Bonus Award Total Redemptions This Period Cashback Bonus Award Balance Award Available to Redeem $ Transactions trans. post date date IJayments and Credits Jul 31 INTERNAL CHARGE-OFF $ -5,655.22 Jul31 EXHiBIT ;t Average Daily Balances Nommal L Transaction ANNU' 'AL ANNUA P . d 11 ef/O ic Fee PERCENTAGE PERCENTAGE FINANCE FINANCE RA TES RA TES CHARGES CHARGES Daily Pef/odic Rates current billing period: 5 days I"urchases $0 Cash Advances $0 $0 $0 25,99% 25.99% 25.99% V 25.99% V none $0 0,07121% 0.07121% ,fh.!uates that apply to your Account are either fixed (F) or they may vary (V) as noted above. n.._^..:__..... "'_11" ann nIQ,..n\lCD 1-1 onn I)A'7 .,c:o~\~.. 1",--. ft.....,.. n;.,...nu.......,...... rn"" c:...... Tnn ITofor'l"'lmmllnirJ:\finn nAvir.~ fnr thD . .. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa, C.s. S4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. ~ ( -p~ ~ V1 ~ ~ ~ Ul. c.-:? \ (..:._1"\ ~ en ---'~ ,:-.r""t r"r tn.. -0 -:sS3 \) f"-.') " \ ~ - c)O - :0~~\ ~ -J -0 ~ -' -- S ~ V\ r- (';-? ';:5 \)' s::- -;;...c;. - n 0..... -C:'. +- r ,.,#----- SHERIFF'S RETURN - REGULAR CASE NO: 2005-04916 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS KAUFFMAN TODD J MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KAUFFMAN TODD the DEFENDANT at 1305:00 HOURS, on the 3rd day of October 2005 at 670 HILLCREST DRIVE CARLISLE, PA 17013 by handing to TODD KAUFFMAN 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 Service Affidavit Surcharge So Answers: 18.00 9,60 ,00 10,00 ,00 37.60 _~-r'?",f/ /~ r ;:;::~,,-e~ f ~ R, Thomas Kline 10/04/2005 WELTMAN WEINBERG REIS Sworn and Subscribed to before By: ~ iJJb. /t l~~ J)/oiL)L I Deputy S riff me this of A,D, Pr notary Discover Bank, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4916 CIVIL TERM Todd M. Kauffman, Defendant CIVIL ACTION SUGGESTION OF BANKRUPTCY To the Prothonotary: Please file in the above captioned case the Suggestion of Bankruptcy as Evidence that the Defendant, Todd M. Kauffman, in this case has filed for bankruptcy protection under Chapter 7 of the United States Bankruptcy Code on October 14,2005 at Docket No. 1-05-08901-MDF. M KNAUSS & ERB, P.c. By: teven P. Miner, Esquire I.D. #: 38901 3211 N. Front Street PO Box 5300 Harrisburg,PA 17110-0300 Dated: I", ). '7/0 ~ 338929-1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Discover Bank, v. NO. 05-4916 CIVIL TERM Todd M. Kauffman, Defendant CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this! ~ day of October, 2005, I, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P,c., atto~ys for Defendant, hereby certify that I served the foregoing Suggestion of Bankruptcy this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Discover Bank 3311 Mill Meadow Drive Hilliard, OH 43026 James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co 436 Seventh Avenue Suite 2718 Pittsburgh, P A 15219 By: 338929-1 t"') :';i, ,.-'. -~..... Lr~