The URL can be used to link to this page

Home My WebLink About01-2034 FX ',. , SEARS, ROEBUCK AND CO., IN ITS OWN CAPACITY AND AS : SERVICING AGENT FOR SEARS NATIONAL BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ()\ - ';;OJ1 Cio~lY~ vs. PATRICIA HOFFMAN, DEFENDANT 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 writi~g 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 relief requested in the Complaint. You may lose 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 Countv Bar Association 2 Libertv Avenue Carlisle, Pennsvlvania. 17013 Telephone: 717-249-3166 Telephone: 800-990-9108 ~ "'"lR;~JI!'ilii'l1t.,__, ~, '''' SEARS, ROEBUCK AND CO., IN ITS OWN CAPACITY AND AS : SERVICING AGENT FOR SEARS NATIONAL BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .-.- NO. (1)/- (20 3'1 ~ IJl.NY'- vs. PATRICIA HOFFMAN, DEFENDANT COMPLAINT IN REPLEVIN THE PARTIES 1. Plaintiff is Sears, Roebuck and Co. ("Sears"), a corporation organized under the laws of New York with a place of business located at 45 Congress Street, Salem, Massachusetts, 01970. 2. Defendant is Patricia Hoffman, an adult individual residing at 817 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043 ("Defendant"). 3. Defendant is the holder of an open end credit card account 05-54656-44810-3 (the "Account") established by Sears National Bank ("SNB "), a federally chartered bank governed by the National Banking Act and supervised exclusively by the Federal Office of the Comptroller of Currency. 4. Defendant has charged various purchases of merchandise to the Account and has granted SNB a purchase money security interest in the consumer goods identified in Exhibit" A", which is attached hereto and incorporated herein by reference (the" Merchandise"). 5. SNB has transferred the receivables and the purchase money security interests securing such receivables to Sears, including the purchase money security interests in the Merchandise. 6. Sears is also SNB's authorized representative and servicer of Defendant's Account. -''"'"'~~~I1lJ .-',~ ~I .~ -, 7. Sears brings this action as the purchaser and assignee of the purchase money security interests in the Merchandise and as the authorized representative and servicer of the Account on behalf of SNB and any other assignee that may have or have had any interest in the purchase money security interests. PURCHASE MONEY SECURITY INTEREST 8. The Uniform Commercial Code, provides that a security interest is enforceable against a debtor with respect to collateral if "the debtor has signed a security agreement which contains a description of the collateral" 13 Pa. C..SA (l9203(a)(1). 9. The elements needed to create a security agreement are: (a) a writing; (b) the debtor's signature; and (c) a description of the collateral or types of collateral. In Re: Hance, 181 B.R. 184, 186 (M.D. Pa. 1993), 10. Each time that Defendant purchased the Merchandise on credit, Defendant signed a credit card slip which granted a security interest in the Merchandise until fully paid. Copies of the credit card slips signed by Defendant are attached hereto, marked as Exhibit "B" and are incorporated herein by reference. II. Moreover, the Account was governed by a Sears National Bank Account and Security Agreement ("Agreement") mailed to the Defendant. The Agreement specified that the Defendant granted a security interest in each item of merchandise purchased on credit under the Account to secure the purchase price of that item. A copy of the Sears National Bank Account and Security Agreement in the form sent to the Defendant is attached hereto and marked as Exhibit "C". 12. The "writings" described in paragraphs 10 and 11 herein meet the UCC's "writing" requirement and constitute the "writings" upon which Sears' purchase money security interest is based. '-J,",,~, _'. _ _ "._. ~~ ~. .' 13. The 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). 14. As set forth in the Agreement, all payments made by the Defendant on the Account were applied first to any unpaid insurance or finance charges and then to pay for the earliest charges on the Account. REOUESTED RELIEF 15. On July 6, 2001 the Defendant filed a Petition under Chapter 7 of the Bankruptcy Code with the U.S. Bankruptcy Court, Middle District of Pennsylvania to no. 00-02948RJW. 16. On October 11,2000 the Defendant received a discharge extinguishing her "personal liability" to pay certain debts, including the debt owed to Sears. 11 U.S.C. Section 524(c). 17. The discharge of the underlying indebtedness has no legal effect on the enforceability of the security interests in the Merchandise. See Johnson vs. Home State Bank, 501 U.S. 78, 84 (1992); Estate of Lellock vs. Prudential Insurance Co. of America, 811 F.2d 186 (3rd Cir. 1987). 18. Pursuant to the purchase money security interests in the Merchandise, Sears is entitled to possession of such Merchandise. 19. Upon information and belief, Defendant is in possession of the Merchandise. 20. Although demanded, Defendant refused and continues to refuse to turn over possession of the Merchandise to Sears. "~I'l ,0 ,'_P "", ~~_ '" " "'''iJ,<i,.fO WHEREFORE, Sears respectfully requests this Court for ajudgment for possession with respect to the Merchandise identified in Exhibit "A". Dated: \.{\'-\\l.\ '" "',~" , - -"-,-, ,- -- ,- Respectfully submitted, By: LEISA WITZ HELLER AB U OWITCH PIDLLIPS, P.C. Charles 1. Philli s LD. No. 39260 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Sears, Roebuck and Co. .' VERIFICATION I, Carmen Pina Gay, state and aver that I am the Bankruptcy Process Manager of Sears, Roebuck and Co., state and aver that I am authorized by the Company to sign this Verification and that the facts set forth in the Complaint in Replevin are based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Complaint in Replevin is that of counsel and not of the undersigned. The undersigned verify that she has read the attached Complaint in Replevin and that it is true and correct to the best of her information and belief. To the extent that the language of the Complaint in Replevin is that of counsel, the undersigned has relied upon counsel in making this verification. This verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dmod ~I By: ~;::..., ~~ -~~, ~, EXHIBIT "A" Item Dishwasher Electric Range Freezer Purchase Date 12/29/98 12/29/98 11/10/99 "'''-1-_ ,.".... -~ -. . Purchase Price $269.99 $399.60 $299.99 EXHIBIT "B" Credit Card Slips j'i#-"I";l;~ ~" ~-"~. , TI~E: 05: 24PM SEARS CAMP HILL, PA 02624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE S ALE S C H E C K # o 2 6 2 4 0 4 6 6 3 1 4 DELIVER TO: CUSTOMER: DELIV. DATE: CUSTOMER PATRICIA KEYS 01/16/99 DELIV INSTR: DELIVER WITH REFRIGERATOR TRAN# PG/STORE REG# ASSOC# 6314 99 02624 046 1305 MER C H AND I S E 0 R D ERE D C E N T R A L DEL I V E R Y 22 92495 ELEC RANGE SAL 444.00T ORDERED SETUP AND LEVEL SALE CREDIT 10% 44.40T- 22 49692 RG CRD 3 W MDS 16.99T ORDERED CORD/CONNECTOR 22 15651 DISHWASHER SAL 299.99T ORDERED SETUP AND LEVEL SALE CREDIT 10% DELIVERY FEE SUBTOTAL TAX 06.000% CARD TYPE: SEARS ACCOUNT ACCT #: W0554656448103/000/000 DELAYED DATE: 06/30/99 DELAY REASON: PROMOTIONAL 12/29/98 DELAYED TOTAL 727.78 30.00T- .OOT 686.58 41. 20 PURCHASED UNDER MY SEARS ACCOUNT AND SECURITY AGREEMENT, INCORPORATED BY REFERENCE. I GRANT SEARS A SECURITY INTEREST IN THIS MERCHANDISE UNTIL PAID, UNLESS PROHIBITED BY LAW. $72.7.78 ~"jIII!i!, \lIIllI ., ~ I ., ~ PURCHASED BY CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)469-4663 SATISFACTION GUARANTEED OR YOUR MONEY BACK "'--e ~~.~_..............."'" " EXHIBIT "C" Sears National Bank Account and Security Agreement --W;;!!~"" "._1 .='" ,~, _'I'~_ ", , , , ..............., SEARS NATIONAL BANK SEARS CARD ACCOUNT AND SECURITY AGREEMENT RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT (CT) RETAIL INSTALLMENT CREDIT AGREEMENT (NY) , ' BASIC AGREEMENT 1. DEFINITIONS. In the agreement, "SNB" means Sears National Bank or any subsequent holder of my account or any balances arising under my account and "1," "me," "my," refers to all persons named on the credit application or acceptance certificate, as an accountholder. SNB is a wholly-owned subsidiary of Sears Financial Holding Company (SFHC). SFHC is a wholly-owned subsidiary of Sears, Roebuck and Co. 2. ACCEPTANCE AND LIABILITY. I am responsible for all amounts owed on my account. I agree to repay all amounts owed on my account according to the terms of this agreement. This agreement is effective when any accountholder or authorized user either uses the account, activates the card, or takes any other action which indicates acceptance of the account or card. 3. OPTION TO PAY IN FULL EACH MONTH; GRACE PERIOD. I have the right each month to pay the total New Balance on my account. If I do so within 30 days (28 days for February statements) of my billing date, no Finance Charge will be added for that month. the due date will be shown on my monthly statement. The total balance on my billing date will be called the New Balance on my monthly statement. 4. OPTrON TO PAY IN INSTALLMENTS. If I do not pay the total bal- ance in full each month, I agree to pay at least the minimum payment within 30 days (28 day-s for February statements) of my billing date, 5. ACCOUNT CHARGES SUBJECT TO APPROVAL. This agreement and all charg~s on the ,account are subject to SNB's approval. ~he agreement will be considered approved when SNB provides notice of approval to me. SNB will not be liable to me if SNB is unable to authorize a transaction on my account, even if I have sufficient avail- able credit, due to a malfunction in SNB'sauthorization system. 6. AUTHORIZED AND UNAUTHORIZED USE. (a) Purchases. I may authorize or permit others to make purchases and use the account. I agree that this Agreement controls all charges made by those persons, that I am responsible for all purchases and charges made by those persons and I agree to pay all such pur- 10480BRO 1/98 @ ~.I ,-- ~ '-" ,-., , ~ ~~..L, ~ ""'--"""'-"" chases and charges. I authorize SNB to act at the request of those persons and I wilr not hold SNB responsible or liable for such action. (b) Authorized Users. Any person whom I have designated as an authorized user ("authorized user") as provided below may use the account and take any action with respect to the account that I could take. I may make this designation by notifying SNB of such autho- rized user(s) by contacting the number written below or providing written notice at the address written below. In making this designation, I request that a credit card be issued to the authorized user and I understand and agree that (a) this agreement controls all charges made on the account by the person(s) aesignated by me as an aufho- rized user and I understand that I am responsible for all purchases and charges made by authorized users and I agree to pay all such charges, (b) SNB may disclose information about the account to the persons I designate as an authorized user of the account and (c) by making such aesignation, I appoint any authorized user to be my agent for purposes of dealing with the account in the same manner as I can, and SNB may, without any liability, accept the directions or requests of any person designated as an authorized user of the account and SNB may act upon such directions or requests, including to process requests to raise the credit limit applicable to the account. I may add, terminate or change authorized users of the account by calling 1-800-347-8480 or by providing written notice to SNB at P.O. Box 555, Columbus, OH 43216. If I terminate this authority, I will attempt to retrieve the credit card from the person designated, per- mitted or authorized to use the account and have the cara destroyed. (c) Unauthorized Use. If I believe or claim that any charges on the account are unauthorized, I agree to notify SNB immediately at the address indicated on my monthly statement, upon discovery and to cooperate with SNB in making a reasonable investigation of my claim. Unauthorized use does not include use by an authorized user or a person to whom I have given the credit card or authority, per- mission or designation to use the account, including without limita- tion anyone I have designated as an authorized user pursuant to the previous paragraph, and I will remain liable for any and all use by such persons. 7. CONSUMER ACCOUNT. I agree to use this account only for per- sonal, family or household purposes and all transactions will be deemed to be for personal, family or household purposes. 8. CREDIT LIMIT. SNB will disclose my credit limit to me when the ~ccount is opened and on each monthly statement, and may Increase or decrease my credit limit from time to time. I agree not to exceed the credit limit established by SNB. I understand and agree that my credit limit can be increased or decreased at the request of a ""1'<lm,.! "'-~'I ,- , " IJ -~~ . - "~-~"~~,"---"" designated authorized user. SNB is not obligated to but may, in its dis- cretion, authorize purchases that exceed my credit limit from time to time. I agree to pay such charges and if requested by SNB to pay amounts in excess of my credit limit immediately, I agree that I am responsible for all charges made on my account whether up to or exceeding my credit limit and regardless of whether my credit limit has been increased, including at my request, at the request of an authorized buyer or a designated authorized user, or without request. 9. SECURITY INTEREST: SNB WILL TAKE A SECURITY INTEREST IN ALL PURCHASES. I grant SNB a security interest under the Uniform Commercial Code in each item of merchandise purchased from Sears, Roebuck and Co., its affiliates and licensees, to the extent permitted by law, to secure only the purchase price of that item of merchandise, If I do not make payments as agreed, the secu- rity interest allows SNB to repossess only the merchandise which . has not been paid for in full. I am responsible for any loss or damage to the merchandise until the price is fully paid. 10. APPLICATION OF PAYMENTS. For the purposes of determining SNB's security interest, payments received will be deemed to apply first to pay any unpaid insurance, returned payment charges or Finance Charge(s), and then to pay for the purchases on the account in the order in which they were made, and then to pay for any late charges. If more than one item is charged to my account on the same date! my payment will apply first to tne lowest priced item(s),or as required by raw. 11. GOVERNING LAW. This agreement and my account will be gov- erned by and interpreted in accordance with the laws of the State of Arizona and the United States, regardless of where I live or where I use my account, except that the raws of my state of residence will apply to the security interest granted herein. This agreement is entered into in Arizona and all credit under the agreement will be extended from Arizona. A.!1 the terms and conditions of this agree- ment (including the change of terms provision, or governing law pro- vision and the finance cFlarge, late payment charge, returned pay- ment charge) are deemed to be interest and material to the determi. nation of the finance charge. This agreement is governed by Arizona Revised Statutes 44-1205 (C), (0) and (E) as amended. If any term or provision of this agreement is found to be unenforceable, it will not make any other term or provision unenforceable. Accountholders with foreign or APO/FPO addresses will be deemed to be residents of the state of Arizona. In CA, to the extent applicable, the provisions of the Unruh Act, Cal. Civ. Code 91801 et. seq., shall apply. In NY to the extent applicable, the provisions of the Retail Installment Sales Act, N.Y. Personal Property Law 9401 et. seq., shall apply. 3 '~1I'II'll ['<"o,.V_ '" ,. ,.,.,~ . . '~~- - '" 12. MINIMUM PAYMENTS. The scheduled monthly payment is based on the current New Balance on the account. The scheduled monthly payment will increase and decrease along with the balance. The min- Imum payment each month will equal tile scheduled monthly pay- ment plus any past due amounts appearing on my statement. I understand that the required minimum payment shown due on my monthly statement may vary from the scheduled monthly payment descrioed below. The Scheduled Monthly Payment will be: The Balance $10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 1/42nd of the Current New Balance rounded to the next higher whole dollar amount I can always pay more than the required minimum payment. 13. PAYMENTS. All payments made by mail should be made by nego- tiable instruments drawn on federally or state chartered U.S. finan- cial institutions. Payments received at the payment processing loca- tion specified on my monthly statement by 1 :00 p. m. local time, on a business day, will be posted as of the date of receipt. Payments received at that location after 1 :00 R.m. local time will be posted to my account the next business day. The business days of SNB are Monday through Friday, excludlllg federal holidays. Payments received at any other location may De delayed in posting up to five days. Any conaitional check, money order or any other instrument tendered as full satisfaction of a disputed debt or containing a restric- tive endorsement must be sent to SNB's address for bnling error notices, shown on the front of the monthly statement. 14. DEFERRED PAYMENT, DELAYED BILLING OPTIONS. Deferred Payment Option. Under the Deferred Payment Option when offered, When the current New Balance is: $ .01 to $ 10.01 to 250.01 to 300.01 to 350.01 to 410.01 to 470.01 to 550.01 to 605.01 to 660.01 to 720.01 to 780.01 to Over 840.00- 10.00 250.00 300.00 350.00 410.00 470.00 550.00 605.00 660.00 720.00 780.00 840.00 4 - '-, -':"'1-'-"- , . ~~ I may purchase and charge selected merchandise or services to my account and I will not have to make monthly payments on these ser- vices or merchandise for a specified period of time; however, I will have to Ray regular Finance Charges on those purchases during the period of the deferral. Delayed Billing Option. Under the Delayed Billing Option when offered, purchases of merchandise or services will not be billed to my account until the end of the delayed billing period. No finance charges will accrue and no minimum payment will be due on the amount of my delayed billing purchase until the end of the promo- tional period. If I elect this option when offered, SNB will not be required to give me advance notice before resuming or starting to bill me for regular monthly payments or Finance Charges. 15. FINANCE CHARGES. If I do not pay the New Balance in full by the due date, a Finance Charge will be added to the account for the cur- rent monthly billing periocf. There will be no Finance Charge if the New Balance is paid in full each month. The Finance Charge will be the greater of: the minimum Finance Charge, or an amount deter- mined by multiplying the Daily Periodic Rate of .0576% (corre- sponding ANNUAL PERCENTAGE RATE of 21%) by the Daily Balances (including new purchases) and adding together any such Finance Charges lor each day in the billing period. For residents of PR: The daily periodic rate IS .0559% (corresponding ANNUAL PERCENTAGE RATE of 20.4%). 16. MINIMUM FINANCE CHARGE. There will be a minimum Finance Charge of $.50 for each billing period in which a Finance Charge is payal5le. 17. HOW TO DETERMINE THE DAILY BALANCES. To determine each day's Daily Balance SNB will take the beginning balance on the account each day (including any unpaid Finance Charges--except in PR), add any new purchases, late payment charges, returned pay- ment charges a.nd Insurance charges, if any, and subtract any pay- ments and credits. I i I i , I I I I I 1'"1>_. 18.NO ANNUAL FEE. 19. LATE PAYMENT CHARGE. If I fail to pay any required minimum pay- ment by its due date, SNB may charge and I agree to pay a late pay- ment charge of $20 if my balance is $50 or more, or $10 if my bal- ance is less than $50. 20. RETURNED PAYMENT CHARGE. If I make a payment that is returned unpaid for any reason,!. SNB may charge and I agree to pay a returned payment cliarge of ;:> 15.00. At its option, SNB will assess , ,'" , I ,.,,-_~,~ _oT 5 . . , this charge the first time my payment is not honored, even if it is paid . . upon resubmission. '21. ATTORNEY'S FEES. Upon my default, SNB may charge me rea- sonable attorney's fees, collection costs (including expenses incurred in realizl~g on a security intere~t), and cour~ c.osts where permitted by law In the state where I reside. Unless limited by law, reasonable attorney's fees will be considered to be 35% of the out- standing balance on my account when it is referred to an attorney for collection. In the following states, attorney's fees may not exceed: CO and OK: 15% of the unpaid debt, LA: 25% of the unpaid debt. In AL, SNB may charge reasonable attorney's fees when the unpaid balance excee,ds $300.00. , P~111, ;':N~: !C;i~1~:U'~'9 ,CREDIT flNVESTi.G;ATJOJ\L'.,,', ' IEll "u "_:",, ," " (" '1"~IE,,f'\liSlM' fl':TIn.N S' 'H' ARIN"~ ,; ':, ' nt'll"\}JeF~rICl~Hh': l&~ ~g~,r\Yrnt\ ~', u . _ > u'.,;:< _ . ( < " '" c ~. ., ... ~ ' ~ , r' .. ~ . I 22. PHONE CALLS. SNB may call me by telephone regarding this account. I agree that SNB may place such phone calls uSing an auto- matic dialing-announcing device. SNB's managers may listen to and record phone conversations between SNB's associates and me for training purposes or to evaluate the quality of SNB's service. 23. CREIJIT INVESTIGATION AND DISCLOSURE OF INFORMATION. SNB has the right to investigate my credit, employment and income records, to verITy my credit references, to report the way I pay the account to credit bureaus and other interested parties. I understand that a consumer report prepared by a consumer reporting agency may be obtained at the time I apply for my account and, if my account is approved, at any time thereafter. I have the right at any time to ask SNB whether a report was obtained and, if so, to have SNB furnish me with the name and address of the consumer report- ing agency that prepared the report. If I fail to fulfill the terms of this agreement, a negative report reflecting on my credit record may be submitted to a credit reporting agency. I may notify SNB by tele- phone at 1-800-347-8480, in believe SNB has reported inaccu- rate information regarding my account to a credit reporting agen~y. 24. INFORMATION SHARING I FAIR CREDIT REPORTING ACT. SNB and its affiliates, including Sears, may share information about me (including information obtained from credit reporting agencies) among themselves and with companies doing business for SNB or its affiliates. After Sept. 29, 1997, I may prohibit that sharing of such information (except for the sharing of information about trans- actions or experiences between SNB or its affiliates and me) by contacting SNB at 1-800-347-8480 and making a request. """f'"Pl'!IJ_.O!"! , 6 ,--, - '" 'L,..",_ _,__ 25; EVENTS OF DEFAULT. I will be in default of this agreement if any one of the following events occurs: (a) I do not make the required minimum payment on the account by the payment due date; (b) I pro- vide SNB with any false or misleading information or signatures on the credit application, sales tickets or other documents and instru- ments; or (C) I file or someone else files on my behalf a petition under the federal bankruptcy code or any state insolvency statute; (d) SNB receives information that I am unwilling or unable to perform the terms or conditions of this agreement; (e) SNB receives information from third parties, including credit reporting agencies, which indicate a serious delinquency or charge-off against me with other creditors; or (f) I become the subject of attachment, foreclosure, repossession, lien, judgment or garnishment proceedings. 26. ENFORCEMENT.lf I default, SNB may (subject to applicable laws) terminate or suspend my credit privireges under this agreement; change the terms of my account and this agreement; require me to pay my entire account balance including all accrued but unpaid charges immediately; and sue me for what I owe. 27. FAI[URE TO ENFORCE IS NOT A WAIVER.Any failure or delay by SNB in enforcing strict performance of this agreement, including, but not limited to, accefting late or partial payments, shall not be con- sidered a waiver 0 any of the terms of this agreement or any of SNB's rights. 28. WAIVER OF LIEN ON DWELLlNG.SNB gives up any right to retain or acquire any lien which SNB might be automatically entitled to by law on my principal dwelling, This does not apply to a lien created by a court judgment. 29. SNB'S REMEDIES IN EVENT OF DEFAULT. If I default in my obligations under this agreement, SNB may utilize any and all remedies to which it is entitled by law; SNB may also refer my account to a collection agency or attorney. 30. CHANGE OF TERMS - CANCELLATION.As permitted by law, SNB has the right to change any term or part of this agreement, including the rate of Finance Charge, applicable to current and future bar- ances. SNB will send me a written notice of any such changes when required by law. SNB also has the right to cancel this agreement as it relates to future purchases or other charges at any time. I agree to return all credit cards to SNB upon notice of such cancellation. 31. CHANGE OF RESIDENCE. If I change my residence I will inform SNB. ' -"~~}I:J - _.~____ 1l.f 7 -,~ r,~ I! ASSI(1NMENT 32. ASSIGNMENT OF ACCOUNT - PROTECTION OF BUYER'S RIGHTS.I understand this account or any interest or amount owed under this account may. be sold or assigned by S.NB to another.cre~- itor without further notice to me. If so, the notice below, which IS required by Federal law, is intended to protect any claim or right I have against SNB and such holder or assignee. 'CONSUMER NOTJCES 33.NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PRO- CEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTORHEREUNDER. 34. LIABILITY FOR UNAUTHORIZED USE.I may be liable for the unau- thorized use of my account. I will not be liable for unauthorized use that occurs after I notify SNB of the loss, theft or possible unauthorized use. I must give notification immediately upon discovery of the loss, theft or possible unauthorized use by calling SNB or writing SNB at the address indicated on my periodic statement. My liability for unautho- rized use of m~ account will not exceed $50. 35. NOTICES TO BUYERS: 1. DO NOT SIGN THIS AGREE- MENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO AN EXACT COPY OF THE AGREEMENT YOU SIGN. 3. YOU HAVE THE RIGHT TO PAY IN ADVANCE THE FULL AMOUNT DUE. 4. KEEP THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. 36. CA-A TRANSLATION OF THIS AGREEMENT IN THE SPANISH LANGUAGE IS AVAILABLE UPON REQUEST. UNA TRADUCCION DE ESTE CONVENIO EN EL LENGUAJE ESPANOL EST A A SU DISPOSICION SI LA SOLlCITA. 37. CT-UNDER THE LAW, YOU HAVE THE FOLLOWING RIGHTS, AMONG OTHERS: (A) TO REDEEM THE PROPERTY IF REPOS- SESSED FOR A Dt:FAULT; (8) TO REQUIRE, UNDER CERTAIN CONDITIONS, A RESALE OFTHE PROPERTY IF REPOSESSED. SEARS NATIONAL BANK, TEMPE, AZ 85282 ."'<llU~ ~ . "",, 1""-' I HAVE RECEIVED A COPY OF THIS ACCOUNT AND SECURITY , ,AGREEMENT. (CT-RETAIL INSTALLMENT CONTRACT AND SECURITY AGAEEMENT; NY-RETAIL INSTALLMENT CREDIT AGREEMENT). , .. , :P2"'::ATEME!\IT OF CREDIT BILLING RIGHTS ' . QKEEP THIS NOTICE fOR FUTURE USE) . '; " , This notice contains im[)ortant information about your rights and our respon- sibilities under the Fair Credit Billing Act. ' NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUTYOUR BILL If you think your bill is wrong, or if you need more information about a trans- action on your bill, write to us on a separate sheet at the address listed on your bill where it says, "Mail billing error notice to." Write as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights, In your letter, give us the following information: · Your name and account number. · The dollar amount of the suspected error. · Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are i~vestig8;ting, but you are still obligated to pay the parts of your bill that are not In question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mis- take, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is settled. 9 -~,' ,~. ~". -" - , If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES If you have a problem with the quality of property or services that you pur- chased with a credit card, and you have tried in good faith to correct the prob- lem with us, you may have the right not to pay the remaining amount due on the property or services. AT SEARS YOUR SATISFACTION IS GUARANTEED If you have a billing error question on a monthly statement, we'd be happy to have you phone us. However, if you wish to take advantage of your nghts under the Fair Credit Billing Act, you must write us on a separate sheet, include your name, account number, dollar amount and explanation of the suspected error and mail it to the Sears address shown on your current monthly statement. IMPORTANT CREDIT TERMS You are not required to accept the account and are not required to pay any fee or charge unless you use the account. Annual Percentage Rate The annual percentage rate is 21 %. Minimum Finance Charge A minimum monthly finance charge of $.50 for each month a finance charge is due. Late Payment Fees $20.00 if my balance is $50.00 or greater, and $10.00 if my balance is less than $50.00. Grace Period to You have 30 days from your billing date to Repay Balance repay your balance before being charged a finance charge. Balance Calculation The Average Daily Bal(l,nce method (including Method For Purchases new purchases.) Annual Fees None 10 '\I11i!r-" ,-, '.' " . , ,~, " OCT, ),8. ),999 2: 22PM SEARS LA~I DEPI' ' NO~38 P.'(/lO: ,': . r1 ! " I 'I l ~i '.' : ~nH ilSU~i! [~.. Ht1~ .8'~'j~1l. U~ ~~~~~U~ ~~ ~ ~-'nS; ~Q.clJl'~~ "6.!ig ~-a.!!~~ h 'l5~I~ !igHf:!8i J!':; ~ U~~~ 1~i~B~ Ii! ~]~~~ .H~~J!~1 ~i~~~g~~ tj ll! n!~~ ~~'II~:ls in [lJi;'~ ~Hif"'~ ~J!~.~~'li.~; ~ ~t!llll.d -.r,\!i/lrJl5rll .eli'S ~b.9..~ ijB fr :5h'linll" .= ~t;~~ (!I! i!i!~f ~i ~dlil i~~;fH Itd~ni i~ ~@b~ )d~~ Jl~~b li~ ujfill djlb,~ l]UiU; H h~Hi:n ;li;i1 ~!I ji~ti nl!tll !hnl;j i~ · hUiini Ib.U! Uh!ttl'l Uhllhijl1iUlj I] ~iR~~ ~J~ii i~1d~. h[~ !l..l ~ ~U;jE~~~i;ll~h i~ ~ ~ ju~l'; !1~i~J j!i~ f!;i'ie ~~1~8h~ ~~~~ ~f ~l F .l! as. J. i".e,. 3: ;e: :!1: g :;Ul ! i!i .il!i n~s .~"6 ~'It aU f'l~alHIIJs oc Jj~i j fE~ H~ :p~ Ji i f iit id~ f~ =i !I. . hliH nl ni ~Ui hut! il!1 jf!f~ni b ~l! ll- '\!~~ o~l ''l',oa -.,1 i~'i ." 'i!l'h lj~ iii1 6UE~ ~ ~!i j&~ j ~~~ !1~U~ 4 ~ di21!.rg ~ ~i5:2 ~dJ! m ~l! o5~ !~:LR [.l '615~ ...l!~ H~$Il~:l~ll. ~! i~~[j f U~ jJ~ a;!h ~1~ ]i!~ II! u~i~f~jl oc! .il~.ei ~ ~~t~..l !~~i!;l !U~ h~ f.~i~i!!fB~ ~I ~~iif ~ HI;n i!]!~ r~l i]iJiH l:~di~H l;iC I ~iJwIB i~ =~& "t~, jhj2 !~ '~~i~ ill hdli!~l'l ~~ ell ~ ~ii ld :l!c-1li '"i~.!!ll hi eA!1"ij a.. .~sfih ~~ J3U iJ JH~~! 11!1~ iifUl~ ~t~ ~niiSh~ . · f iJ!iH~ UHUI jll!Hb HIl inH!!flf2 tUi /3B~ ~, . . .. . ~"i.e~ ,dd . . .-. . . ,. OCT 18 1999 15:10 :,_--"_1I)ll'~~!,,....~_ ., ,.." 1- ,,,r . ~ , , , , .,.. Q PAGE. 07 "___,.,.. ,,-~,'fflI'l!!EI~ NO. 238 f.~/.~ , OCT .18.1999 2:23PM SEARS I_RW DEPT . .:' . . ;. , . . .' , ~ _", . "1 .....,11'~.".: ;~ :~~i~~~!~:;; ;~'~~'.i fl.';;~~i~ijt~'il.~ l~ li.l ',~:r'~hl~it"~~f(i~l~~]r-~'i:':~ ~'it~~i:r' "\~~~:~~.~t\, c~~,;1t~r '''.. ~hil r~."'!! ~:ei~h!i .:~~ij.11 iHaUjhl!j ~ . a~i6~.U] r,~<;"\.,qj'tH,~;~~,, '<:<,~ ~h~ ]h'" ,&~dhi5l!' 5";;1 i&~ d~!l"b.iiln Co-s ]l'^,t]fjl~ i~ .~~!:~r :1~.'; .... !'~~i ~~d~U.;&..'^~:ild~ ~i~~!j >lg"'!':e1nh!i .B~ U~lU151 ~ijt~~~~~j!Sn ",:':l:~S.. ., 5",:::1"6 ~ 1l~l!il~5U~~l; ~ .i!~Il.~ B~ .1!';~iIE Ii! f'l '"!!!!' ...~ '..;" ,'" Sfi';..\ 'il~~~ '.ihi.he..~f.9;~~j ~!l1'U i"6 it~~! ~ lls~ h~I~:;i,!1~'" ,. .' ~fatJll .5:52 "U~' .!!'taa~ -~ D1i d ~"'r ~ ~ i!~-;;] rll , .: ,.i ~!jt I~i !.9~'ii ~!h ~$iif~ ~.~~~ I~l]!~ ,,~f~!~df Hllj ~fl~~(;;~Ul!ll~ iHh~ USli~~!~~~ 1!f'ii)Ps~: !ib ni..iuit.n.1>:li mill :~I~~"ilh it tUdlit · Jfr l:!ili....!5l:.!l~I$.~ '" :a"'!.3 ~~"!IiilQ.sh;!j" 'If "~i51J_e :I; ~~d iit. "".:...I.jii.'~.~ll.ii...~. !jihl ~'J~Ji:!f~il:~.t.~ Hl;~J!~J ~~E'a !SJ1~Jf';::~a~U:; lll_~;;=~ ~.. Ji~'~'ii~lW>>M S ~ l'ii~ ~~ ~J~~ ~ ['Ii ~.i.iJ.!l.j~f~J:."5.]I S 8 ~~ :'~ ~j lll~.~!~~~ ~ .. ~I 'O~l~ III :a",'!,,! od "h ~ell"Ci,a:n~ ~~8/Sil~, alo"l:!...:;~jj"'M~ "'~ ....g..5U-.a ~~hi~h~HHJ!iUi! H~l:~UHU~I!~U! h !dHH5 i::l~MtHuhg$h:hU <id..ahUoCl....5..5B~.:t~g ;S , , " I ~m~.~. 1~~U. ~~~ilr:.i~:!i~ U~U JljU ~~] ilH~'::~Ei .it ~1i.gg,. ~ii~':~.unE!"U'jj~ .u~.11 Is!.!! '5'83 hFs ~li ~ dd! j;ditllififilId f~tii I hIff If! mi~~l .9 .. j ~-.ri "B~~f~rl~~~ ~~ [:l~ ~ ['iil ~ di~= 1 ~~ ~:J. ~~~'il]j ! i~f!Mmi.ldfi!!Ui' i ii!l~ ItlN !i! mntU ~~ 'jlll'~ i~ h~..~~~o>.;~~i~~.td ;o]ill!.. mJf,!lTl1 ~~l U~iiK~~~ ~!~~~~ij~' ij1a!~ll1h~i~~.'~~5s~ t~ia: Hlfg ~1!~ ~0it~f5il; '" "~ffi:S~hi h~'~!I' 8i~~:>l:sa.h~s ~'(.gq.j! ~91j.-~ hh -! "~~ll!! ~rm~.:!~:> ;....in...~h:jll'~l.2ht~ ~~3Sb;!! nll:!1iju ~ ~",~~Jl~ !uIUU ~hl~ !~il.. ~~' .!~iDi ~n~:gl HJIIlI:S~~ ~i~1:~>~l.8 ii1! j .2! ~'OIs'~ 1;l u~<, ii"[_~:llU8~=i""]' 15jt:li .!l~2 idUJ.!1 !UJ!~.'~inh.~Jibl j~~=s~!~hf hJ ~1~]~llJ I!<U~~~ l~h~~il~J"rri!~~~ i~!lf511~~fi ,l!~I.! ~~~~f.li! ~i nili j ! :I~ind 5J~ U~~~ ~ :ldl ~ HH lid UUiiU !i' , it \! ," ~ \i ., I' i II' I. ~ ~ " tl :; . ...... . PAGE,e8 OCT 18 1999 15:12 _..~'~ \ " -, - ~ _ ,!,l3II4>!"". ~- 'P"~-"-~~"'""""" OCT. 18. 1999 2:25PM SEARS LAW DEPT l'IU.C;,::l1:l '-.':)/J.c. OCT 18 1999 15'14 ',. ..../. .... . llEtJ fl~!~~E~lii~ ~ aU ~~H ~18n~ H~ IUn ~~s ~:PI~nt~1 if 1ii~ ~Ui ~~'~Ijj h~ ~Ho~ in !Hit~11i~!! ~ hi ~i~l l~!i~~ H! ~ un~ oiS ~ 'ill:~lla:fl8.~l:l1 .i~c1 ~J!"~~ifh ~/H!. ~ edl~ ~;~ i~il~';U;:~~i~ m ~i~ ~lU i~,21ii ii.i II:~ Inli ".... jJ~ S~lll~~~~~lti~ ~ ".1 ~In ~f!~'l5J!~'pF ~~ lljtd " ldl i~nfl{UdH i lit !~n I;il~n iih~~ UHI ~ U~!\j;~"-,e.ll~~is~!'l53 ~E ~;.!l ~h~ ~il=.eH Hu~~ u~ f ~!fUUiiii!!lih!ljd Un' l:I!Ii HmI! mIl tnld~tt!Uiiin ~dn. ffii~ilth !~ti~n iitH~ Uu~~ ti~6~!nl~H!drH5~~~ iih6!~hlH~~i1~ uilH iiUH~iiiliii{l il~UH~uui;nn~Uu j! eU u~~hdlbghd bJl5Ul,mbJihi'ibJ g B d tm~ j!]!ll~ 5;~; Hl~U n!],!Jiu~:e ~~~ :SiU~1!un~~u~ ij<Z l! ..'eo::';' Qli8l~ 155 '&~~uj ~.l.! ~s .&ilg.~.es~. i [ ;U!i li,~i ~ ~ ~dl I ~lhj!~j till !hIUllj~~!~ "'; f. .... j\;~. i~lld !liJ tlft.11 ~ltb'~ii: ~i! i !t1~ift!IJ!i I, ~. "Y!it~~; ... iiidI iiH mUL !IfIlJ~I! hd~ mMnifhlli' .....,';c' !~~.&~ dd ~..~~~l If~nl '~ I il!~gd iU lldig~" f ~h'.ll ~I>>J! lSJ-h ~~:d ~ i I ~i I .. .~~~lcn.eU~:ii11~ !~d}: ~ ~!i!i bfl !iu!iihh!d HiU'UitUiH ;,w.1ij! 1 -, ""~_ --'f',-,~ . 1.' ,.. _ , ", . . . .,. PAGE.e19 .' OCT .18.1999 2:26PM SEARS LAW DEPT NO. 238 p.llan" ~ 4;/:" ;,~'~~" ;"'y.'l:;l.~ r .'f...~.... ..~~"\.:~. r <!,~' ...~:!t: (;., ,''''f.:" "::'!(~' I ~ ag ~ ~ '~~~!I!~~t~'~ii~Ui~iUllll U~IIH i~~ ;; ,i 1!11 i t ~IH!!Ui:i~lU~j-jr~Hlh ~ii:hi !il hI iU I ; ! hlHrl~'unl~ui!!lOi~iUH :!t!lli jjl ~~ i =3 ,; ~ "" ~l\l~ 1j8. ~a~iI~-eSB-~ .!l~llil~hnah'l! II ~ l~ ~U!.: '5 t,,~~f nil' ~=~o i .'51f '5p~li~!~= ll~l \ ~~ ~l )~i~ j [ 1 ii1i~i~~t~ hUii!~!U!I~ ai!;H 11: Ull).g~ ... - ~S U015]h~ m:=I'B~i-8!ln'~~IifZ~~.s lis '0 = ~1 b U~l€ i ~ I t ~hd:n~~fhhidh~s~~ ~;~ ~I~i i a'l Q) il~ ~'5 p!;~ ill'~' ';; "ij'Il;Od'al€Ojj~~ ai l:l1~8,!'~sl ~~~ll 55 'lEg U i, i;n;1 i i ~~lii~!U;nihdtjli1:U ~:f~iH lli F Ii g;i~ H I ~ un~J;~~:!i~i~iJt!if,~~~J ;ii~li~i ~.~i tI Ii mf n Ii t ilm!~CJ fldWjlh !ii !r~l!h Ii; " H~! ~ir~~!;s '5 ~2~~jrl;hi~~UlnlH!.!I~ ll~~~ ]!~ ~Ii 'J?,~~.2 ~fS",l ~f ~cll! u~n~ ~ih~H.!1~~~Hdht JHih4i de iU.iU..!i~ U~i,.IUlni.;f..~.~}, !n.li~Uii~5i !! ihU ~Sth~Iii;'J go. ...U ~ !~ IH ' ~!ll. K :Ii l...e ~'g i.! = 0: ~.. 1 '0. ~"" - 0 m ~ " R '",~ ~l~~nl~i ~ d 1 !fdi~ U:i: r;. Ul: I iil:~ I ~ 11 i Hi ~! r- ~~h!d81: ~f$bl.~!ji~ ,!IJid 1~,ei:l'1 . .'.~~ ~ tl={l mUUni tdnlJUhihhdmiHlilI if h J Jd ~I OCT 181999 15:15 _._.._111..... " :.....,.. PAGE. lei ,. _,"_ ...~"'l"~ " "-"-d .; , :! :1 " ~! Ii ", ii' ii B . :- ~~ ;.. -(~(IIIl;_ , r"_~ _, OCT. J.8. J. 999 c:: c n-'M ~t..HK~ L.l"iW J.)t:.:r I ,..............- . . -- - ~ :;Ie .sU~fi ~~~H8;E~ll ~UH~ ~I;.a'o ~n~!~U&l~n ~ j~5 1ii..~~ ~~~:l"2is!' '!hH] ~lli'5~ a~liU ~~~!Bi! i li~ i ilHa !]h!hhl g.;~U~ ~~U 0 ~~Ui ~~!ilH i ~U i i1.~i! ihHiii~j. ~!H!~ . ;~.n~ l~!U :1.i~U~ ~ ~~.;:;.\l JS~llt liis '{h~Jc'll ~h~dillhw~ -55'tlN ;:;,sg!il.U 1 h;.~i i ~ ~"h; ijdHn~U l HHj! ~ [iii, ;:lc'IU ~~~I;!ij '" ~ ~Jl'a i s!jS!l. g~Cn3t~it.l! ill ii~.!l~ Hh~ ;! :g!i sil,~"h i E dg. J ~H!!i hl~~b!i!"~"i!!-o;:r:;;llo.h !i'.~s~"', ~~8.U~'S i IS ~U ~ 1 utH iUilnnnhfU!! i~iill iU.IU Hii~H ~ ~ iS1!. - ~i55li"'1l " 'CrllU'lilO~ l>o.~'5'll1ii ~h " <>'ile.!!~a '1 fiJ"',i! ~ go ~~ S ~~.!J "~t ~~h= ~ ~~~il.1l l!; 15111 c ~I 1: ~r" 'lf~ ~ ~~~;; ~1l~ ~ ~] = Gl Q " ~~E'e r Z'ii >-. i't3~"ii!-~~'& ftl '6" 1'0 . , ;S '" !5 iD- . 5';; tl.i S ~ ~ ~~_.I~ ~~~s~..~ ~~J~l~~j~.n h~~dl ffidad ~;~U.I U~ji~1 .. ~ i~! j ~~~~n~~t;!'~<(~~g:ll~~ g~~ In ~c'ih~ ~~?;88j ffiihj"[" Ii !i} !f~.l;l~~I!~~lHiU~~'~b~~~ldH ~~U~.i ~.fi~-n fi ~ ~'!Ili ~ s!l~~~!1.i~"'"i!I.c~;S!~ \lllU!ilCgli'8o,,:," t::;=>j:i'll6 l1l~~~!~a ~ ~ ~n lHIJ~~l~~H'iU!fi lt~n ! u~i'a~hd~ U~~"6~.i ~ ~~hh JlU.t UH~;l ~,d~~N~ .ranh .,u~d ~~:hi~ , , :"'. .ti~.~ ~'~'~ii~.~~ iiri. ;! "~U ~!~;~ !~~~~n f~n~i~i ~~..~~ . 1 jlJ!I~ld! jJI~~~l!ji:i ~~~! ji:ih~ . i!iU'~~ i~~i~ i::'cl"'''.'>'::' g~.hi'lltd~~~ ~i~._~is~ej"! U!...o: l!~llh~~ ~dh~Il ~~~m~ "i""'.";,,~:,,;,"~;;~;...';~~i;.: ~tlilt:~fh~a~.a hdmi~tJ:!'i a~'g~~ dsr~,; j~~I=-.l!l :i6~lfo ..' ..' , ,.,'" iiftl!~l~f j~q6Ii~ln (jig i~i~lli~ bllj~h fim :. ,~". J UJgthhdb i!hu h1i I;;~f ijd!fiH~l'~I~ i i~lil. ~~~!14'jS: JiM!UjIU tU~!ijubilillldlh~ ll.llmdU!~" . 15 O!tf~~i~i~ h~hjii ~uU.Li h:1 ]j~ d d~r~",~5~ . '; '. OCT 18 1999 15:16 " .....-..... . , PAGE. 11 OCT,18.1999 2:29PM , ~ :!~ ~11'lij3,& 1;~1;~ ~!l1!n 'Z ,&~g ~ ~ _:I: ~>- Q) rci;lC 0 - 6 1I3:S: >. I'll '&~ ~..h~ ~~~~ [~~!g i ie~:li ~ pJ ~i" ~~~i~ gAli 'Si~d So ~!~ 'i." .. ~ S C'" ~ - .s E= l!'~'ii-'S:" [".,; c ~ ex: Cl) ~~5.g~ ~:g.E':i: >.;:~~ :5 f3 ~jpa i~ ~ ~ ~ 5 - - 11 m .c ~ ~ . ~ ! '0 !!J -'!! - 8'-' . . n 5 li -;~ ~.e~~~ -gr,2":g d~~; Sl % .-li:~~ ~~ ~ ffi~ ~~ fj~ts~ ~":!jH" H;'l!".d'" ~.HSE~E~ . ~ >.~ ~-="~m".?;-< :::Jc:e_lIltn III 55~,!1 li- J.. [1!i<1l" ~~~!!h~ ~ ~B"g"~ ~.. ~i>: ~I ~~ Bd~ ~.. ~!~. [~,g r~~ ~ ~ ~~1~ U ~ H S .gll o~;,g ~~hEl~"~ '!i l::8.1d[ ~15'~ ~ ~~ ~nd:,: Ur:~~ j;~~i~~! Ii! !~-g;; sl n~ "'g; i-g ~~lf'~;8 Hl"5 !i~io!l B' 5 ~!~~ iu ~i g~,\1~ ~~l:J1!hJl~~i!&ig ~l~l~i; i]j:!i. ~2: ~" ~~oi5'i~ Ee~~~c"s~ijj j~ ~ ~2g!;,ll'E - ~Jj ~~ !!~ l~i~~..~ iiS!s !!.!l~.al ;z ~ ~H.~ d ~ n 8 &g)a.i!a'=~~~Ei! c:':5.I:sl!!e:; S.iIi~.~~.s.8'kZ ~ Uz ,il:nu e ;t~U,.. [!~H~ d ~ l~!~ H j U o "'c"" . ~~"a:5f=~il,g~'O,g!>'..c ! '''''s~~.!I ~:!i~ )0 ~.g~ [-;;~g.5 'B'5!1.:l.iijj~il~~ i~ ~]J!!~ e: a:;s ~fj hl!h';:Bfli~Jil~~;~ l1;hH ~ H :!!iJll :ii!'&N!l.,g ~.e'e'el={j'~e:!~ =5 :d~ s a:F~ f;:lIllLlIlQ ol)loow "'zQ:ww a:www(.> ulL::ll:l1ti WWI( lI:~lIlQ.I- ~~!l!IU~ ::l<!:i= . III ~ -,II: Zlll!:1j!:-'W 8~<~~~ <tel Ill::> "'<to W !!!(.>I-Wll:~ :r::~lI:ZW I- W Q ~~:z:a: lL ~::;JO 00 OWl- 1-91llffiffi ffil;;:>~:Z:Q Os: W cWu >-:r:: cliilrcffill:'" :r::~:;!lIl~~ lIIICa ~!!!l!:obl~ <l-w:grcQ; w!Oi=~u:~ o xl!io;:> 1= u Wo oo~!l!ffi:E zu......:r::< .~!'- 1l"~ e~- ..c~, 0." ~~".l!l !if 5 "!s'p"i - N'~ !>'.~"H, E:5~I!:;;,g1 "~"li~o' '8;S~fi!!jO -!l.":~ i '~i- H~~~ ~;;li~ !~.t. ~~~ ~;g~ ~~~~ J l ~ jij~- ij . ~sj em !ia~.&: I~' j '~i~ 'iiaq; -"~i~ w!; ~1;;[:a8 .Q~ ~~ U!tl !H~ ~gi~ h~~ ~~~ Jlj~ ~ i ~ '~i~~l '~1 ~~f ~8-=~E ~! ~~~~~h'f..a. ~...ls ~& i:Et&~8' ~-"..-~ Hill t~H ~ilJ jil~;n ~~i~~ ~ i ~ i!H~ d I!~ Usli';j i~H ji5i-re dif h~. iii~j ~: m u~~~ n h~ ~~I~U j-~H lJi J~~~. ~ U~~ BtSd! i H~ [h~i ~ p~n~ ;s,g-~ - fi-;: ~'8~ 1.B<ll' o'~J d!~ o.!!o:cll.~h ~ ~@"'[e~ ~ ~~~BH, ~ji! hfL g~ ~~~i ]~S ~ li! ~ i5~~:N 11! i,.~ l5~~ ~ ~~!H ~ ~~l i>;H~. ~.~~! i~5~ ~!i s~ ~ U ~ th~~ .r ~ i Ij" ~t~~ E~l~~ll:l~fl! =Jlg~;,g~fal'~!iUhil~~:S~Ulll j~~r ~3!ii ~~~hl~,~HJfl. d!~ ~~~iaJ1H~S!~~~~~~i ~~~ i. .H;~ jl581l j~~liP:"'j~-"egN'8 iW:i ~e~c~z-r~u ~~~ ~{Hl"- Jliljfj UlI lit) !HI lib ;lJiiJi I ~I i id:liI J I hUl; h'~! Hli'h l.sE} Hh ~ Eiil~ d! ~ is [ !h ~d 1 ~~:i 'I .I ':1 'I I , , , OCT 18 1999 15:17 f'.rn:, ". I _, _I r ,-- " rl I" "~" '" 'I..: ~ .~,: .-...~ ~". . " . . '" ~ " "," PAGE. 12 "'~ OCT. 18. 1999 2: 19PM . ..... OCT 18 1999 15:08 '_i!f4!!'-_"~ ,-~ , """"-'-.""",,, " -, . -., SEARS LAW DEPT NO.238 P.5/J.2 '. Section 12. FlNANCE CHARGES. (a) Your Account statement will describe Account activity during a Billing Cycle. which i. a period of ,bouI one mon,h ending on rhe Billing Cycl. Closing D.te ("Billing nac."). The Account Sllltement will show a Minimum Payment Due Date and will h,ve" grac. period of nOt less that 20 daY' betWeen dl' Billing Dace and d,. Minimum Payment Due Dare. You may avoid additional FINANCE CHARGES by p.ying, by the minimum Payment Due Date, the Total Aceount nalanc.; less any No FinanCe Charge (0% APR) purchases that expire .flOt the Minimum Paymen, Due D.te far that Billing Cycle. If you do not pay the To",) Account Balance, FINANCE CHARGES accru. on nil purchases from the date th.y a.e includ.d in the daily balance until p.id. (b) When :!,INANCE CHARGES ore imposed. w. c.lculate FINANCE CHARGES sep.r:u:c1yfor purchases subj.ct 10 the s,andard tonns aftbis Agleement(':Rcgular Putcha.es") and for diffeeent p('O(lIaponel purchases. When . FlNANCE CI~GE is imposed.. rhe FINANCE CHARGE is imposed for e.ch purchasc typc on Ihe Accoullt by (i) caking eeeh daily balance, (ii) multiplying that daily balance by the .pplicsble daily periodic ratc, and (iii) adding together Ihe resulring amounlS for e.ch day in the Billing Cycle. The t0111 FINANCE CHARGE fos the Billing Cycle ,is <he sum af.thc FINANCE CHARGES rOt each purdwe type, rounded to ,he ne:<t highest c.nr. There is a minimum F1NANCE CHARGE of $0,50 on ,he Account for any Billing Cycle in which. FINANCE CHARGE is due. .., :.'.. .1..(i' ,. ~'.' -:< .~{.~ ;:>~ . ~ ~.. . ,,- .' '. PAGE. 05 OCT. lB. ),999 2: 21P~: SEARS LAW D (c) To determine the daily balances for each type of purchase on the ^=un~ we roke the beginning balance for the type of purchase ..ch day, add any new purchases of that type and any u npOlid FINANCE CHARGES accrued from the prcv;ous day on that type of pUt chase and deduct payments and cledits posted th" day to that type of putchase, Purchases arc included in the daily lnIanee ftom the later.oCthe ,tllIn$llction dati:: or the fil>t day of the Billing Cycle in which they arc poseed to the Account; Inlurilnce charges, la", payment fees and returned psyment fees arc included in the daily balance of Regular Purchases on the date they are posted to the Account; (d) The daily periodic IIlte for Regular Purchases is .0576% (corresponding A.NNUAL PERCENTAGE RATE of 21.0%). However. if at any time you fAil to pay the Minimum Payment Due by the Minimum Payment Due D.te for two consecutive Billing Cycles, ,he daily periodic rate may be iocreased to .0658% (corresponding ANNUAL PERCENTAGE RATE of 24.0%) beginniD& with the BiIliD& Cycle aftct the Billing Cycle in which you fail to matte the second Minimum Paymenc Due On time. This ..te will eonanue to be applied until you have paid the Minimum Paymenc Due on time for six consecuave Billing Cycles, At that time we may reduce the daily periodic rate co .0576% (corresponding ANNUAL PERCENTAGE RATE of 21.0%) (or the tIlCe then in effect for Regul.r Purchases on the Aceounr) beginning with the followiD& Billing Cycle. A.SCPB-2I"-SI99 .. ._...._.. "_.____...~__'.._M.._ " , " . .-. " OCT 18 1999 15:09 ';"i',~~ -,~ -''"7 .: ", '.' ,0' PAGE. 06 I '~ ' 1"- J ~ _ ~ II ""._ ~ ~:,. l~ ~,",,7 _ ~_.';?il. ....,~__,_~,,'~ ,. "=- Hn>_ - 1 ~ ~ (') ~ ~ " .t '0- {;) rf: - .. : ~ 0 -.-" ::'.) 2 :::~=- i> ! ......... )J 0 D 0, C\ I D ~> "<l ~ --'"' -,_of I ..0 g.: f~:; -. , fJ Ff! ~ ;~,J ,C) 'I) L ....,) -~ i- -< '0 '-(t ,," ~ .,_f!ll~~"l!i)''1'I!W)''w,li,.,.;e_'I...1i:!W,\~@Jf!m;I'1'~''''li'''''''~''''W4Wmj'''iIji;m"j"'1ffl;1W,~lri1'ij',I"'~lJil!@;i~Jf~~'1! SHERIFF'S RETURN - REGULAR CASE NO: 2001-02034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEARS ROEBUCK AND CO ET AL VS HOFFMAN PATRICIA RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon HOFFMAN PATRICIA the DEFENDANT at 0015:47 HOURS, on the 11th day of April 2001 at 817 BOSLER AVE LEMOYNE, PA 17043 by handing to KEVIN HOFFMAN a true and attested copy of COMPLAINT - REPLEVIN together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answ~ // ~. .......rt:r~~ 18.00 9.92 ,00 10.00 .00 37,92 R. Thomas Kline 04/12/2001 LEISAWITZ, eriff Sworn and Subscribed to before By: me this day of A,D, CX)J """'!!'~'~~_""'_.iI" I''''''''''''''''. . ,","'~ I.' , , "0- -- SEARS, ROEBUCK AND CO" IN ITS OWN CAPACITY AND AS : SERVICING AGENT FOR SEARS : NATIONAL BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 01-2034-CIVIL vs, PATRICIA HOFFMAN, DEFENDANT: PRAECIPE TO END. DISCONTINUE AND SETTLE TO THE CLERK: Please mark the docket in the above-captioned matter as ended, discontinued and settled. Dated: May 22, 2001 / OWITCH PHILLIPS By: Charles llips, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff '-"',H"',",.~i'I!@iI" _"'..,...,~lifl_fK!IiI ~ " -j - - . ~~ ~-~