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Home My WebLink About99-04092 i u .y. .L s cQ 1. t CV O a. ¦. SEARS, ROEBUCK AND CO. PLAINTIFF VS. ROBERT L. FISHER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. VOW, Ccv? 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 ajudgment 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 Fl, Cumberland County Courthouse Carlisle. Penis ylvania 17013 Telephone: 717-240-6200 SEARS, ROEBUCK AND CO., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. ROBERT L. FISHER, JR., 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 Robert L. Fisher, Jr., an adult individual residing at 325 North Street, Boiling Spring, Cumberland County, Pennsylvania, 17007 ("Defendant"). 3. Defendant opened account no. 03-62115-42000-6 (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. 7. The total balance owed by the Defendant as of August 19, 1998 was One Thousand Four Hundred Forty-one Dollars and Thirty-four Cents ($1,441.34). 8. On August 19, 1998 the Defendant filed a Petition under Chapter 7 of the Bankruptcy Code with the U.S. Bankruptcy Court, Middle District of Pennsylvania to no. 98-04050RJW. 9. On November 24, 1998 the Defendant received a discharge extinguishing his 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 Estate of tellock vs Prudential Insurance Co -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 Sixty Dollars and Twelve Cents ($460.12). 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". 1, \ c I Dated: ? o \,J\\ l Respectfully submitted, BASKIN, LEISAWITZ, HELLER & ABRAMOWITCH By: Charles J. Phillips, Esquire 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Sears, Roebuck and Co. VERIFICATION 1, Debra DeGrenier, state and aver that I am the Manager of Special Accounts 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 famished 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 unsworn falsification to authorities. Dated: UP I q q SEARS, ROEBUCK AND CO. By: Ism l nO?llon Debra DeGrenier EXHIBIT °A" TIME: 11:35AM SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: ROBERT L. FISHER JR. PICK UP DATE: 09/21/97 TRAN# PG/STORE REG# ASSOC# 0079 99 02624 020 3277 MERCHANDISE HOLDING CUSTOMER PICKUP 2020 27612 CANISTER V SAL 248.99T SUBTOTAL 248.99 TAX 06.000% 14.94 CARD TYPE: SEARS ACCOUNT ACCT #: W0362115420006/000/000 09/21/97 SEARS ACCOUNT TOTAL 263.93 THANK YOU FOR BEING A SEARS BEST CUSTOMER AND FOR USING YOUR SEARS CARD 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. $263.93 p fll?l PURCHA P BY P I 6'7K U P N U M B E R 7 9 CALL FOR INFORMATION: DELIVERY . (800)676-6130 PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)472-7247 S A L E S C H E C K # 026240200079 SATISFACTION GUARANTEED OR YOUR MONEY BACK TIME: 04:49PM SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: ROBERT L. FISHER JR. PICK UP DATE: 11/01/97 TRAN# PG/STORE REG# ASSOC# 6366 99 02624 157 1016 MERCHANDISE HOLDING CUSTOMER PICKUP 2057 43929 TV RCA 32" OVR 599.99T 70 97110292 1YR HOMEMA MDS 99.99T EXPIRES: 11/01/98 SUBTOTAL 699.98 TAX 06.000% 42.00 CARD TYPE: SEARS ACCOUNT ACCT #: W0362115420006/005/021 11/01/97 SEARS ACCOUNT TOTAL 741.98 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. $741.98 ------------------------ -- ------------ PURCHASED BY P I C K U P N U M B E R 6 3 6 6 CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS,' (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)473-7247 SALESCHECK # 0-2.6241576366 SATISFACTION GUARANTEED OR YOUR MONEY BACK EXHIBIT "B" IwM Purchase Date Purchase Price Fair Market Value Kenmore Canister Vacuum, Model #11627612690 09/21/97 $248.99 $214.13 RCA TV, Model #274F32672SB 11/01/97 $599.99 $245.99 r'. -I 0 tTl? SHERIFF'S RETURN - REGULAR CASE NO: 1999-04092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEARS ROEBUCK AND CO VS. FISHER ROBERT L JR KENNETH GOSSERT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon FISHER ROBERT L JR the defendant, at 19:30 HOURS, on the 13th day of July 1999 at 325 NORTH ST BOILING SPRINGS, PA 17007 CUMBERLAND County, Pennsylvania, by handing to ROBERT L FISHER, JR. a true and attested copy of the NOTICE AND COMPLAINT IN together with REPLEVIN and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 4.34 18.00 ??'?JEC?Z .00 8.00 R- l?fiomis i eri $j -BASKI 1999ISAWITZ, HELLER by Sworn and subscribed to before me this ?G day of 19_9q A.D. «- Fro ono ar? SEARS, ROEBUCK AND CO., PLAINTIFF PENNSYLVANIA VS. ROBERT L. FISHER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 99-4092-CIVIL PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA: ss: COUNTY OF BERKS 1, Charles J. Phillips, Esquire being duly sworn according to law, depose and say that I served a true and correct copy of a Notice of Intent to Enter Default Judgment, a copy of which is attached hereto, marked as Exhibit "A" and is incorporated herein by reference, upon the Defendant, Robert L. Fisher, Jr., 325 North Street, Boiling Springs, Pennsylvania, 17007 via United States First Class Mail, postage prepaid, on August 12, 1999. Charles J rillips, Esquire Sworn to and subscribed before me this 12th day of August, 1999. Lary Public ($2: 0) NOTARIAL SEAL JUDITH A. ALBERT, Notary Public Wyomissing, Berk$ County, PA My Commission Expires 7.14.2009 EXHIBIT "A" SEARS, ROEBUCK AND CO., PLAINTIFF PENNSYLVANIA VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 99-4092-CIVIL ROBERT L. FISHER, JR., DEFENDANT TO: ROBERT L. FISHER, JR. 325 NORTH STREET BOILING SPRINGS, PA 17007 DATED: AUGUST 12, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania, 17013 Telephone: 717-240-6200 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS By: i Charles J. Phillips, quire 2201 Ridgewood R !!- Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff G> CI LLJ = =q ate= ? ? ? ?_ I i 3 i= a L1 O rn U SEARS, ROEBUCK AND CO., PLAINTIFF PENNSYLVANIA vs. ROBERT L. FISHER, JR., DEFENDANT TO: ROBERT L. FISHER, JR. 325 NORTH STREET BOILING SPRINGS, PA 17007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 99-4092-CIVIL DATED: AUGUST 12, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor. Cumberland County Courthouse Carlisle. Pennsylvania 17013 Telephone: 717-240-6200 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS By: Charles J. Phill' s, Esquire 2201 Ridgewoo Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff r3 M w0 ,? ? c5 ,z u,dz f,?C y u u` V, 7: = ca 4 CE m SEARS, ROEBUCK AND CO., PLAINTIFF VS. ROBERT L. FISHER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4092-Civil PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter a default judgment for possession, only, in favor of the Plaintiff, Sears, Roebuck and Co. and against the Defendant, Robert L. Fisher, Jr., for his failure to file an Answer to the Complaint within twenty (20) days of service thereof and within ten (10) days of service of the Notice of Intent To Enter Default Judgment for possession of a Kenmore Canister Vacuum, Model No. 11627612690 and RCA TV, Model No. 274F32672SB, as more fully identified in Exhibits "A" and "B" of the Complaint in the above-captioned proceeding. Dated: October tcl 1999 By LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. Charles J. Phillips, E: Attorney for Plaintiff I SITARS, ROEBUCK AND CO., PLAINTIFF PENNSYLVANIA VS. ItUISER'1' L. 171SHER, JR., DEFENDANT TO: ROBERT L. FISI IER, Jlt. 325 NORTII STREET ROILING SPRINGS, PA 17007 IN TI IE COURT' OP COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 99-4092-CIVIL 0 ?r r ?. DATED: AUGUST 12, 19 plQ: r J? IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION RGQUIRED 0I7 YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM '1'1 IL DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIIOU"I' A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER MPOWFANI' RIGI ITS. YOU SIIOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT I IAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor Cumberland County Courthouse Carlisle Pennsylvania, 17013 Telephone: 717-240-6200 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS By: / f?? Charles J. Phill' is, Esquire 2201 Ridgewoo Suilc 400 Wyomissing, PA 19610 Attorney for Plaintiff SITARS, ROEBUCK AND CO., IN T11E COURT Oh COMMON P LEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 99-4092-CIVIL ItoII1TR'I' L. NISI IER, JR., DEFENDANT PROOF OF SERVICE COMMONWEALTH OF PE-NNSYLVANIA: ss: y; O rrr COUNTY OF BERKS C- T :a ca 1, Charles J. Phillips, Esquire being duly sworn according to law, depose and say that I served a true and correct copy of a Notice of Intent to Enter Default Judgment, a copy of which is attached hereto, marked as Exhibit "A" and is incorporated herein by reference, upon the Dclondanl, Robert L. Fisher, Jr., 325 North Street, Boiling Springs, Pennsylvania, 17007 via United Slates First Class Mail, postage prepaid, on August 12, 1999. -?"7 Charles J fillips, Esquire Sworn to and subscribed belbre me this 12th day ol'August, 1999. \ L ez Votary Public ($2'.60) SEAL Notary public County, PA res '1442009 M LXI IIUIT "A" SI'sAIK ROEBUCK AND CO., PLAINTIFF PENNSYLVANIA VS. IN 'n iE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, CIVIL ACTION - LAW NO. 99-4092-CIVIL ROBERT L. FISHER, JR., DEFENDANT TO: ROBEItT L. FISHER, JR. 325 NOR'1'II STREET BOILING SPRINGS, PA 17007 DATED: AUGUST 12, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM 'I'I IE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W ITI LOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPOR'TANTRIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT I LAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUTWHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor Cumberland County Courthouse Carlisle Pennsylvania, 17013 'T'elephone: 717-240-6200 LEISAWITZ HELLERA_B_RAMMOOWITCH PHILLIPS , By: Charles J. Phillips, ^ quire ?_.. 2201 Ridgewood R Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff SEARS, ROEBUCK AND CO., PLAINTIFF VS. ROBERT L. FISHER, JR., DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4092-Civil CERTIFICATE OF ADDRESS I, Charles J. Phillips, Esquire, attorney for the Plaintiff in the above-captioned proceeding, do hereby certify that the name and current address of each party's attorney of record or the name and current address of each unrepresented party are as follows: Plaintiff: Charles J. Phillips, Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Defendant: Robert L. Fisher, Jr. 325 North Street Boiling Spring, PA 17007 Dated: Octoberlc}, 1999 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: /? 0 k I ? r es J. Phillips, Es uire Attorney for Plaintiff SEARS, ROEBUCK AND CO., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. ROBERT L. FISHER, JR., DEFENDANT NO. 99-4092-Civil NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF BERKS Before me, the undersigned authority, personally appeared Charles J. Phillips, Esquire, who being duly sworn according to law, doth depose and say that the Defendant, Robert L. Fisher, Jr., is not in the Military or Naval Service, based on the foregoing facts as of the date of this affidavit: Age of Defendants: Sui Juris Present Place of Employment: Unknown Present Place of Residence: 325 North Street Boiling Springs, PA 17007 Dated: October 0 1999 Charles J. Phillips, Es Are Attorney for Plainti Swom to and subscribed before me this t'3 day of October, 1999. Notary Public ($2.00) =FLEISCHOOD. EAL , Notary Public unry, PA 7.28.2003 SITARS, ROEBUCK AND CO., PLAINTIFF VS. R0131?RT L. FISHER, JR., DEFENDANT 1N THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 ?09a / r? You have been sued in Court. If you wish to defend against the claims set'fortli 1u the lollowiug pages, you must lake action within twenty (20) days after this Complaint and Notice 1 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 tail 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 SGT FORTII BELOW TO FIND OUT WITERE YOU CAN GET LEGAL HELP. Count Administrator 4(h Fl. Cumberland o arty Courthouse Carlisle. Pennsylvania 17013 Telephone: 717-240-6200 SI.ARS, ROEBUCK AND CO., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. R01313RT L. FISHER, JR., DEPENDANT COMPLAINT IN REPLEVIN Plaintiff is Sears, Roebuck and Co. ("Sears"), a corporation organized under the laws of Ncw York with a place of business located at 45 Congress Street, Salem, Massachusetts, 01970. 2. Defendant is Robert L. Fisher, Jr., all adult individual residing at 325 North Street, Boiling Spring, Cumberland County, Pennsylvania, 17007 ("Defendant'). 3. Defendant opened account no. 03-62115-42000-6 (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-I Financing Statement pursuant to UCC 9-302(a)(4). Sears is a secured creditor of the Defendant and bolds 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 (lie Account are applied first to any unpaid insurance or finance charges and then to pay for the earliest charges on the Account. 7. The total balance owed by the Defendant as of August 19, 1998 was One Thousand Pour I lundred Forty-one Dollars and Thirty-four Cents ($1,441.34). 8. On August 19, 1998 the Defendant filed a Petition under Chapter 7 of the Bankruptcy Code with the U.S. Bankruptcy Court, Middle District of Pennsylvania to no. 98-04050RJW. 9. On November 24, 1998 the Defendant received a discharge extinguishing his legal liability to pay certain debts including the debt owed to Sears. 10. Sews 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 I--stale of I , ick vc Prudential Insurance Co of America, 811 F.2d 186 (3rd Cir. 1987). 11. Pursuant to Sears' purchase money security interest in the merchandise identified in I?xhibil "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 Pour I lundred Sixty Dollars and Twelve Cents ($460.12). 14. Although demanded, Defendant refused and continues to refuse to turn over possession of the merchandise to Scars. WI IEREPORE, Scars respectfully requests this Court for ajudgmemt for possession with respect to the merchandise identified in Exhibit "B". Dalcd: ( i ?v) `,\, ' ? / Respectfully submitted, BASKIN, LEISAWITZ, f1ELLER & ABRAMOWITCH By: IiErles J. Phillips, Esquire 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 (610) 372-8427% Attorney for Sears, Roebuck and Co. I, Debra DcGrenicr, slate and aver that I am the Manager of Special Accounts of Sears, Roebuck and Co., stale and aver that I am authorized by the Company to sign this Verification and that the lads set lorlh ill the Complaint in Replevin are based oil 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 unsworn falsification to authorities. Dated: (9 I-r? I q q SEARS, ROEBUCK AND CO. By: l e fe .l P l l 1??? Debra DeGrenier LXIIIIIII"A" TIME: 11:35AM SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: ROBERT L. FISHER JR. PICK UP DATE: 09/21/97 TRAN# PG/STORE REG# ASSOC# 0079 99 02624 020 3277 MERCHANDISE HOLDING CUSTOMER PICKUP 2020 27612 CANISTER V SAL 248.99T SUBTOTAL 248.99 TAX 06.000% 14.94 CARD TYPE: SEARS ACCOUNT ACCT #: W0362115420006/000/000 09/21/97 SEARS ACCOUNT TOTAL 263.93 THANK YOU FOR BEING A SEARS BEST CUSTOMER AND FOR USING YOUR SEARS CARD 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. $263.93 ,#I fidf --------------------------- PURCHA§ED BY PICKUP NUMBER CALL FOR INFORMATION: DELIVERY :. (800)676-6130 PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)472-7247 79 S A L E S C H E C K / 0 2 6 2 4 0 2 0 0 0 7 9 SATISFACTION GUARANTEED OR YOUR MONEY BACK TIME:' 04:49PM SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: ROBERT L. FISHER JR. PICK UP DATE: 11/01/97 TRAN# PG/STORE REG# ASSOC# 6366 99 02624 157 1016 M E R C H A N D I S E H 0 L D I N G CUSTOMER PICKUP 2057 43929 TV RCA 32" OVR 599.99T 70 97110292 IYR HOMEMA MDS 99.99T EXPIRES: 11/01/98 SUBTOTAL 699.98 TAX 06.000% 42.00 CARD TYPE: SEARS ACCOUNT ACCT #: W0362115420006/005/021 11/01/97 SEARS ACCOUNT TOTAL 741.98 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. $741.98 ------------------------ -- ------------ PURCHASED BY PICKUP NUMBER 6366 CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS'. (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)473-7247 SfALESC HECK # 0:2:6241 576366 SATISFACTION GUARANTEED OR YOUR MONEY BACK l3XIIIUIT"" ILQW Purchase llale Purchase Price Kenmore Canister Vacuum, Modcl #11627612690 09/21/97 $245.99 $214.13 RCA TV, Mudel #2741'-32672SB 11/01/97 $599.99 $245.99 SEARS, ROEBUCK AND CO., PLAINTIFF VS. ROBERT L. FISHER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4092-Civil NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA R C P 236 TO: ROBERT L. FISHER, JR. DATED: OCTOBER 1999 325 NORTH STREET BOILING SPRINGS, PA 17007 You are hereby notified in accordance with Pennsylvania Supreme Court Rule 236 that a judgment has been entered against Robert L. Fisher, Jr., Defendant in the above-captioned proceeding on October , 1999 for possession of the Kenmore Canister Vacuum, Model No. 11627612690 and RCA TV, Model No. 2741732672SB as more fully identified in Exhibits "A" and "B" of the Complaint in the above-captioned proceeding. AND that a Certificate has been filed indicating that each party has been notified of the intention to file saidjudgment by the attorney for the Plaintiff. Prothonotary I??cu - q/ By: L?lit.( (.CJ nc W I t- Z LIJ 1 rid= ' ,?_;?yl I- :I] y (J O c U VN c1b V ? J SEARS, ROEBUCK AND CO., PLAINTIFF VS. ROBERT L. FISHER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4092-Civil PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue a Writ of Possession in the above-captioned proceeding: (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Robert L. Fisher, Jr. 325 North Street, Boiling Spring, Pennsylvania, 17007, and (3) for possession of the Kenmore Canister Vacuum, Model No. 11627612690 and RCA TV, Model No. 274F32672SB as more fully identified in the Complaint in the above-captioned proceeding. P.R.C.P.2958 Date Judgment Entered: Octobers r1, 1999 Was Judgment by Confession or Default: Default Date Affidavit of Mailing Filed: October i'j, 1999 Dated: October k% 1999 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: Charles .J. Phillips, Esquire Attorney or amh U y. UL]J4 !j 1 n' W U U] 0. r. p Q ? U 1- 8 SEARS, ROEBUCK AND CO., PLAINTIFF VS. ROBERT L. FISHER, JR., DEFENDANT IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4092-CIVIL PRAECIPE TO END. DISCONTINUE AND SETTLE TO THE CLERK: Please mark the docket in the above-captioned matter as ended, discontinued and settled. Dated: November 9, 1999 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS P.C. By: ' Charles i lips, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff ?L N CS ? U Z p c.. M C?j r- Cl -r3 (7 m U S , i M. y , r .• H V O: O I ? o, qa . n s :z z z z ? ' a a W e r f N . n ' bb r c z ? ? p a ?? ? h r 4 a _g n : o z z ? 1= - - - > : By virtue of this writ, on :he ---------------------ciao of ------------------------------------ i9 - I caused :he within ns-red -------------------------------- es =e Ck, rri have possession of ,he pr-nises described wi:h the appurtenances. ant _________________ ? - R. Thomas Kline, Sheriff, who being duly sworn according to 1<6w', states--th4-&-t*F3-t --is-?eta?riee3 SFA?EF>:--•-----------------------------------?- - L--- < _ N m Sherif '_!i_ .!Z4 t5 i - --- -- - -- - - - --- - Advance _Cos ts;------ Pop.. s Docketing $18.00 Sheriff's Costs: 1.97 Poundage .63 gig 0 ?? ---------------------------a° Prothonotary 1".-OTf-"-"----"'""-'"--"---- Service 4.34 Surchezge--- ---------- 8-:84----------------------------------------- $31.97 ,;warn an oserii>ed :o e: orc -u- :his _j ac of -- - -- ------------------- ?.c.W - -- .--- P:rxhonotar; O GI H rt - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - .,---------=------------ ?le^u al f.? fu?,...€963i WRIT OF POSSESSION ( Ejectment Proceedings PRC P 3160 - 3165 etc) Sears, Roebuck and Co. IN THE COURT OF COM%ION PLEAS OF ------------------------ -------------- -- Ci:%fBERLAND COUNTY, ?LN-N5YLV.-0-IA • ....... - 99-4092 Civil - Ta tu 19------ No - - -- ---- - -------------------------------- Term 19------ vs. Costs Robert L. Fisher, Jr. ; -• --_ __ -------------------------------------------- - 325 North St. PP.rf (s' ----------------------------- b------------ Boiling Springs PA 17007 1 1.00 CO.1IIO.YWE.?LTH OF PENNSYLVANIA: COL•NTY OF CUNfBERL.?VD: CUMBERLAND To the Sheriff of __________________________________County, Penna. X1) To sadly the judgment or possession in the above matter you are directed :o deiiver possession of the foiiowing described property to: Sears, Roebuck and Co. P!aindff 'sl Seing : (Premises as follows) Kenmore Canister Vacuum Model No. 11627612690 RCA-TV Model No. 274F32672SB =i To sansrv the casts against the defendant 's) you are directed to :ew - n any proxy of -he deien- -Po dant .9; and :ed her ;o.. their; ! nt:rest :.herein. October 20, 1999 Date --'-----------------------SEAL) -_--_ CURTIS R. LONG --------------------- Prorhonocary, Camino Pleas Court of Cumberland Count Penna. I h V