HomeMy WebLinkAbout96-04638
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SEARS, ROEBUCK AND CO.,
PLAINTIFF
IN THE COuRT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs,
NO, (i&-
4 &3 Y
(t \ L'-' C
FRANCIS MAZZELLA and,
ROSE MAZZELLA,
DEFENDANTS
NOTICE
You have been sued in Court.
If you wish to defend
against the claims set forth in the following pages, you m~st 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 judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claims 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.
Court Administrator
4th Floor, Cumberland Countv Courthouse
Carlisle, Pennsvlvania 17013
Teleohone: 717-240-6200
SEARS, ROEBUCK AND CO.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs,
-II.. 'ia' (',,_it
~
1.(' .-.
NO.
'i&
FRANCIS MAZZELLA and,
ROSE MAZZELLA,
DEFENDANTS
COMPLAINT IN REPLEVIN
1.
Plaintiff is Sears, Roebuck and Co.
(nSearsll), a
corporation organized under the laws of New York with a place of
business located at 6 Neshaminy Interplex, Suite 400, Trevose,
Pennsylvania, 19053.
2. Defendants are Francis Mazzella and Rose Mazzella, adult
individuals residing at 1108 Yverdon Drive, Camp Hill, Cumberland
County, Pennsylvania, 17011.
3. Defendants opened account no. 54-84075-46108-8 with Sears
and charged various purchases of merchandise to the account,
4, Sales invoices executed by the Defendants at the times
when purchases charged to this account occurred, granted to Sears
a security interest in the merchandise purchased until fully paid.
Copies of the sales invoices signed by the Defendants are attached
hereto, marked as Exhibit "A" and are incorporated herein by
reference.
5, Sears' security interest in the merchandise purchased
pursuant to the account is perfected without filing a UCC-l
Financing Statement pursuant to UCC 9-302(a) (4).
Sears is a
secured creditor of the Defendants and holds a perfected purchase
14. Although demanded, Defendants refused and continue to
refuse to turn over possession of the merchandise to Sears,
WHEREFORE, Sears respectfully requests this Court for an
Oroer directing Defendants to turn over possession of the
merchandise identified in Exhibit "B" and for such further relief
that this Court deems fair and equitable,
Dated: 'i;\ '\\c,l,
Respectfully submitted,
BASKIN, LEISAWITZ, HELLER & ABRAMOWITCH
By: C } C (\l ) I
Charles J. Phi
2201 Ridgewood
Suite 400
Wyomissing, PA 19610
(610) 372-8427
Attorney for Sears, Roebuck and Co.
VERIFICATION
Wp, 1r.lI1cis M.tl/plI.t .1IHI Rose Mazzella, certify that the statements made in
Ihe foregoing dllclJIllPnl .Jrl' IrllI.' .11111 correcl to Ihe best of my knowledge, information, and
belief .1I1(llh.1I Ihis Vl'rificoIl;oll is slIbjecl tll Ihe penalties of 18 Pa, C.S. Section
4'J04, rl'i.tlinl-\ 10 lJI1SWOI'II (.lIsilk.llion 10 aulhorilies,
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Francis Mazzella
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Rose Mazzella ~j
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