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Home My WebLink About99-03679C? -.n c o? n J e SEARS, ROEBUCK AND CO., PLAINTIFF VS. DANIELLE R. LESH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C /I -3&7f al?4?L 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 SEARS, ROEBUCK AND CO., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 9q. 3G 7 9 ect;d 7 cc, - DANIELLE R. LESH, DEFENDANT COMPLAINT IN REPLEVIN 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 Danielle R. Lesh, an adult individual residing at 513 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055 ("Defendant"). Defendant opened account no. 03-62037-60980-1 (the "Account') and charged various purchases of merchandise to the Account. 4. Sales invoices executed by the Defendant 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 Defendant 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-1 Financing Statement pursuant to UCC 9-302(a)(4). Sears is a secured creditor of the Defendant and holds a perfected purchase money security interest in the consumer goods identified in Exhibit "B" which is attached hereto and incorporated herein by reference. 6. All payments made by the Defendant on the Account are applied first to any unpaid insurance or finance charges and then to pay for the earliest charges on the Account. The total balance owed by the Defendant as of June 19, 1998 was Four Thousand Eight Hundred Sixty Dollars and Three Cents ($4,860.03). 8. On June 19, 1998 the Defendant tiled a Petition under Chapter 7 of the Bankruptcy Code with the U.S. Bankruptcy Court, Middle District of Pennsylvania to no. 98- 03084RJW. 9. On October 7, 1998 the Defendant received a discharge extinguishing her legal liability to pay certain debts including the debt owed to Sears. 10. Sears avers, however, that the discharge of the underlying indebtedness has no legal effect on the validity of its security interest in the merchandise identified in Exhibit "B". See Efate of I ellock vs Prudential In ran n of America, 811 F.2d 186 (3rd Cir. 1987). 11. Pursuant to Sears' purchase money security interest in the merchandise identified in Exhibit "B", Sears is entitled to possession of such merchandise. 12. Upon information and belief, Defendant is in possession of the merchandise identified in Exhibit "B". 13. The fair market value of the merchandise identified in Exhibit "B" totals Four Hundred Eighty-two Dollars and Thirty-nine Cents ($482.39). 14. Although demanded, Defendant refused and continues to refuse to turn over possession of the merchandise to Sears. WHEREFORE, Sears respectfully requests this Court for a judgment for possession with respect to the merchandise identified in Exhibit "B". Dated: ,li?? Respectfully submitted, BASKIN. LEISAWITZ, HELLER & ABRAMOWITCH BY:? \ \ / 4 Charles J. Phillips, Esquire Attorney I.D. 39260 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Sears, Roebuck and Co. 1, Debra DeGrenier, state and aver that I am the Recovery 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 his 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 unswom falsification to authorities. Dated: t5 l a ? I 91 SEARS, ROEBUCK AND CO By: ?Q?d e1 Q 1 w , Debra DeGrenier EXHIBIT "A" TIME:_ 08:20PM RCCOC# 8414 SEARS CAMP HILL, PA 02624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO: CUSTOMER CUSTOMER: DANIELLE R LESH DELIV. DATE: 08/10/96 MORNING SPCL INSTR: FREEZER GOES IN SHED TRAN# PG/STORE REG# ASSOC# 2551 02624 46 1370 MERCHANDISE ORDERED CENTRAL DELIVERY 46 16301 FREEZER, 1 SAL 299.997 SETUP AND LEVEL 70 46308292 3YR HOME M MDS 69.99T EXPIRES: 08/10/1999 DELIVERY FEE 35.OOT SUBTOTAL 404.98 TAX 24.30 CARD TYPE: SEARSCHARGE ACCT #: 0363497639080/001 /000 08/07/96 SEARSCHARGE TOTAL 429.28 ORDERED PURCHASED UNDER MY SEARSCHARGE AGREEMENT, INCORPORATED BY REFERENCE, I GRANT SEARS A SECURITY INTEREST IN THIS MERCHANDISE UNTIL PAID, UNLESS PROHIBITED BY LAW $429.28 o"A 4 PURCHASED BY SALESCHECK # 026240462551 SATISFACTION GUARANTEED OR YOUR MONEY BACK TIME: 08:02PM RCCOC* 8414 SEARS CAMP HILL, PA 02624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO: CUSTOMER CUSTOMER: ADDRESS: CITY/STATE: ZIP CODE: PHONE: 717-796- DANIELLE R LESH 513 QUAIL COURT HAMPTON VILLAGE MECHANICSBURG, PA 17055 1774 717-796-1774 TRAN# PG/STORE REG# ASSOC# 3122 02624 157 3 061 EXCHANGE DATE SOLD 07/08/96 SOLD BY 003061 SALES CHECK 026240574841 57 41143991 TV PR1312C RET 139.97T- DATE SOLD 07/08/96 SOLD BY 003061 SALES CHECK 026240574841 57 55926991 VCR,VRU344 RET 189.99T- DATE SOLD 07/08/96 SOLD BY 003061 SALES CHECK 026240574841 70 57136292 IYR SHOP M RET 49.99T- EXPIRES: 08/07/1997 DATE SOLD 07/08/96 SOLD j3Y 003061 SALES CHECK 026240574841 70 57304292 3YR SHOP M RET 39.99T- EXPIRES: 08/07/1999 SUBTOTAL 419.94- TAX 25.20- END OF RETURNED MERCHANDISE---- 57 43122 TV SY1931S SAL 189.99T 70 57312292 3YR SHOP M MDS 59.99T EXPIRES: 08/07/1999 57 55746 VCR,VR4206 SAL 199.99T 70 57336292 3YR SHOP M MDS 99.99T EXPIRES: 08/07/1999 SUBTOTAL 130.02 TAX 7.80 CARD TYPE: SEARSCHARGE ACCT #: 0363497639080/001/0 00 STATE: PA 08/07/96 SEARSCHARGE TOTAL 137.82 PURCHASED UNDER MY SEARSCHARGE AGREEMENT, INCORPORATED BY REFERENCE, I GRANT SEARS A SECURITY INTEREST IN THIS MERCHANDISE UNTIL PAID, UNLESS PROHIBITED BY LAW $137.82 Vix,.m dDs\ PURCHASED BY SALESCHECK / 026241573122 SATISFACTION GUARANTEED OR YOUR MONEY BACK TIME: 04:48PM RCCOC# 2624 SEARS CAMP HILL, PA 02624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO CUSTOMER: ADDRESS: CITY/STATE: ZIP CODE: PHONE: 717-796- CUSTOMER DANIELLE R LESH 513 QUAIL COURT HAMPTON VILLAGE MECHANICSBURG, PA 17055 1774 717-796-1774 TRAN# PG/STORE REG# ASSOC# 6674 02624 57 1792 SALE 57 90146 TABLETP ST MDS 399.99T 70 57337292 3YR HOME M MDS 129.99T EXPIRES: 09/06/1999 SUBTOTAL 529.98 TAX 31.80 CARD TYPE: SEARSCHARGE ACCT #: 0363497639080/001/000 STATE: PA 09/06/96 SEARSCHARGE TOTAL 561.78 PURCHASED UNDER MY SEARSCHARGE AGREEMENT, INCORPORATED BY"REFERENCE, I GRANT SEARS A SECURITY INTEREST IN THIS MERCHANDISE UNTIL PAID, UNLESS PROHIBITED BY LAW $561.78 r PURCHASED BY SALESCHECK # 026240576674 DANIELLE R LEON 03-63497-6390E-0 JANUARY 30r 1999 SATISFACTION GUARANTEED OR YOUR MONEY BACK EXHIBIT "B" 11= Purchase Date Purchase Price Fair Market Value Sears Brand Freezer, Model #2539163010 08/07/96 $299.99 $197.99 Zenith VCR, Model #864VR4206H8 08/07/96 $199.99 $ 72.00 Zenith Color TV, Model #864541931 SG 08/07/96 $189.99 $ 68.40 Sony Tabletop Stereo, Model #474LBT0270 09/06/96 $399.99 $144.00 C' acl, ? 0 SHERIFF'S RETURN - REGULAR CASE NO: 1999-03679 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEARS ROEBUCK AND CO VS. LESH DANIELLE R DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT IN REPLEVIN _ was served upon LESH-HILL DANIELLE R the defendant, at 17,30 HOURS, on the 21st day of June 1999 at 513 QUAIL COURT MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DANIELLE R. LESH-HILL a true and attested copy of the COMPLAINT IN REPLEVIN and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 7.44 2 Affidavit .00 Surcharge 8.00 s Miller, e i $JJ.44 -BASKI 1999ISAWAITZ, HELLER by ?J e u y 5 eri Sworn and subscribe to before me this .7Z A day of 19 A.D. rotnonotar