HomeMy WebLinkAbout99-05021
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SEARS, ROEBUCK AND COMPANY,
Plaintiff
vs.
JAMES M. SILBAUGH,
Defendant
CIVIL DIVISION
No. <II -- Spa/
COMPLAINT IN REPLEVIN
Filed on behalf of Plaintiff, Sears,
Roebuck and Company.
Counsel of Record for this party:
Paul V. Ressler, Esquire
PA I.D. #25626
FIRM No. 739
21 Yost Boulevard, Suite 301
Forest Hills, PA 15221-5283
(412) 824-6944
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SEARS, ROEBUCK & COMPANY,
Plaintiff,
vs. No. 99- sv1/ L'I7u
JAMES M. SILBAUGH,
Defendant.
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 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 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 OR KNOW A LAWYER, THEN YOU SHOULD
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
South Hanover Street
Carlisle, PA 17013
Telephone: 717-240-6200
COMPLAINT IN REPLEVIN
AND NOW, comes the plaintiff, SEARS, ROEBUCK & COMPANY,
by and through its attorneys, RESSLER & RESSLER, P.C. and PAUL V. RESSLER,
ESQUIRE, and makes the following statement:
The plaintiff, SEARS, ROEBUCK & COMPANY, is a corporation existing
under the laws of the State of New York and authorized to do business in the
Commonwealth of Pennsylvania.
2. The defendant, JAMES M. SILBAUGH, is an adult individual who
resides at 36 Sunset Drive, Mechanicsburg, Cumberland County, Pennsylvania
17055-1624.
3. The defendant purchased a Tractor and charged same to Sears
Account No. 03 63456 63348 8.
4. Plaintiff believes, and therefore avers, that the item described
above is in the possession of defendant at his above residence address.
5. The balance of the account in the sum of $1,608.44 was discharged
in bankruptcy and Plaintiff seeks no personal liability against defendant in this
action. The bankruptcy case is closed and there is no stay in effect.
6. Defendant neither reaffirmed, redeemed, nor returned the item (s)
described above in the bankruptcy action.
7. Plaintiff holds a purchase money security interest in the aforesaid
merchandise pursuant to the Pennsylvania Uniform Commercial Code, 13 Pa.
C.S.A. Section 9302(a)(4), as evidenced by Exhibit "A' attached hereto and
incoproated herein.
WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor
of Plaintiff for possession of the aforesaid item(s), i.e. Tractor.
Respectfully submitted,
RESSLER & RESSLER,P.C
BY:
Paul V. Ressler, Esquire
Attorney for Plaintiff
Sears, Roebuck and Company
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SEARS, ROEBUCK AND COMPANY,
Plaintiff,
vs. Docket No.
JAMES M. SILBAUGH,
Defendant.
VERIFICATION
The undersigned, L?J'7?Zi T;3t' .iron( y" is an authorized agent of the
plaintiff and verifies that the facts set forth in this complaint are true and correct to the
best of my knowledge, information, and belief, which knowledge, information and belief is
based upon and has been obtained from a review of the facts and information
contained in the business records of the plaintiff kept in the ordinary course of the
plaintiff's business. This statement is made subject to the penalties of Section 4904 of the
Crimes Code ( 18 PA.S.C.A. § 4904) related to unsworn falsification to authorities.
Respectfully submitted,
Sears, Roebuck & Company
By. 1
Authorized Agent
Recover Manager, Plaintiff
SEARS
45 Congress Street
Salem, MA 01970
TIME: 05:13PM
S E A R S
CAMP HILL, PA 26246
RETAIN FOR COMPARISON WITH MONTHLY
STATEMENT OR FOR RETURN OR EXCHANGE
CUSTOMER: JAMES SILBAUGH
PICK UP DATE: 05/16/98
TRAN# PG/STORE REG# ASSOC#
1236 99 02624 111 10629
MERCHANDISE HOLDING
CUSTOMER PICKUP
2071 27101 L TRACTOR, SAL 1299.99T
SUBTOTAL 1299.99
TAX 06.000% 78.00
CARD TYPE: SEARS ACCOUNT
ACCT #:, S0363456633488/001/000
STATE: PA
05/16/98 SEARS ACCOUNT TOTAL 1377.99
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.
$1377.99
------------------------------------
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PURCHASED BY
PICKUP NUMBER 1236
CALL FOR INFORMATION:
DELIVERY (800) 732-7747
PARTS (800)366-7278
SERVICE (800)473-7247
S A L E S C H E C K #
0 2 6 2 4 1 1 1 1 2 3 6
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OR YOUR MONEY BACK
ACCT # T 0363456633488/0
CUSTOMER: JAMES SILBAUGH
ADDRESS: 36 SUNSET DR
CITY/STATE: MECHANICSBURG, PA
ZIP CODE: 17055
PHONE: 717-795-7178
SATISFACTION GUARANTEED
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05021 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SEARS ROEBUCK AND COMPANY
VS.
SILBAUGH JAMES M
KATHY CLARKE , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT IN REPLEVIN was served
upon SILBAUGH JAMES M the
defendant, at 10:17 HOURS, on the 1st day of September
1999 at 36 SUNSET DRIVE
MECHANICSBURG, PA 17013 CUMBERLAND _
County, Pennsylvania, by handing to ROSE SILBAUGH (WIFE)
a true and attested copy of the COMPLAINT IN REPLEVIN
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
18.00
6.20 So answers:
? J? 2
Surcharge 8.00 omas ine -Sfier-
$31.2u RESSL R & RESSLER
09/021999
by
_
u y 5 eri
Sworn and subscribed o before me
this 1 -J- day of
19 vj A.D.
rocnonotary-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SEARS, ROEBUCK AND COMPANY, CIVIL DIVISION
Plaintiff
V5.
No.tggq-(?50aI P
JAMES M. SILBAUGH,
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
Filed on behalf of Plaintiff, Sears,
Roebuck and Company.
Counsel of Record for this party:
Paul V. Ressler, Esquire
PA I.D. #25626
FIRM No. 739
21 Yost Boulevard, Suite 301
Forest Hills, PA 15221.5283
(412) 824-6944
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SEARS, ROEBUCK & COMPANY,
Plaintiff, No. 1999-05021 P
VS.
JAMES M. SILBAUGH,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Dear Sir:
WHEREAS, the Complaint in the within captioned case was served upon the
defendant by the Cumberland County Sheriff on the 1" day of September, 1999, as
Ordered by this Honorable Court on the 1" day of September, 1999, said proof of
service having been filed, and certificates of mailing attached hereto; and
WHEREAS, the ten (10) day Important Notice of Default was served upon
defendant, JAMES M, SILBAUGH, by First Class Mail, postage prepaid, on the 21ST day
of September, 1999, certificate of mailing and notice attached hereto; and
WHEREAS, defendant, JAMES M. SILBAUGH, has failed to file responsive
pleading to the Complaint.
NOW THEREFORE, you are hereby directed to enter Judgment in favor of
plaintiff and against defendant, JAMES M. SILBAUGH, for possession of the following
described property:
TRACTOR
Respectfully submitted,
RESSLER 8y RESSLER,7P.C.
By:
Paul V. Ressler, Esquire
Attorney for Plaintiff
A.
POSTAL SERVICE CERTIFICATE OF MAILING
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PR VICE FOR INSURANCE-POSTMASTER
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One piece of ordinary mail eeEresaaC to:
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PAForm 3817, Mar. 1989 -U.&oW:uW2,112-471111
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SEARS, ROEBUCK & COMPANY, INC.,
Plaintiff,
vs.
JAMES M. SILBAUGH,
Defendant.
1999-05021 P
NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO DEFENDANT:
JAMES M. SILBAUGH
36 SUNSET DRIVE
MECHANICSBURG, PA 17013
Date of Notice: September 20, 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 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 A 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:
LAWYER REFERRAL SERVICE OF
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
SOUTH HANOVER STREET
CARLISLE, PA 17013
Telephone 717-240-6200
//A - jwCf._ -A
Paul V. Ressler, Esquire
21 Yost Boulevard - Suite 301
Forest Hills, PA 15221
(412) 824-6944
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SEARS, ROEBUCK AND COMPANY, }
Plaintiff, }
Vs. } No. 1999-05021 P
JAMES M. SILBAUGH, }
Defendant. }
The undersigned hereby certifies that a true and correct copy of the Plaintiffs NOTICE OF
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT, in accordance with Pa. R.C.P Rule 237.1,
was served on defendant by First Class Mail, postage prepaid on the 21st day of
September 1999, and addressed as follows:
JAMES M. SILBA UGH
36 SUNSET DRIVE
MECHANICSBURG, PA 17013
Paul V. Ressler, Esquire
Attorney for Plaintiff
Sears, Roebuck and Company
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
SEARS, ROEBUCK AND COMPANY, CIVIL DIVISION
Plaintiff
Vs.
No. 1999-05021
JAMES M. SILBAUGH,
Defendant
WRIT OF POSSESSION
Filed on behalf of Plaintiff, Sears,
Roebuck and Company.
Counsel of Record for this party:
Paul V. Ressler, Esquire
PA I.D. #25626
FIRM No. 739
21 Yost Boulevard, Suite 301
Forest Hills, PA 15221-5283
(412) 824-6944
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SEARS, ROEBUCK & COMPANY
Plaintiff,
VS. No, 1999-05021
JAMES M. SILBAUGH,
Defendant,
PRAECIPE FOR WRIT OF POSSESSION
To The Prothonotary:
Dear Sir:
Issue writ of possession in the above matter,
(1) directed to the Sheriff of CUMBERLAND County;
(2) against JAMES M. SILBAUGH, defendant; and
(3) and index this writ
(a) against JAMES M. SILBAUGH . defendant
as a lis pendens against real property of the
defendant as follows:
TRACTOR
(specifically describe property)
RESSLER & RESSLER, P.C.
By:
Paul V. Ressler, Esquire
Attorney for Plaintiff
Sears, Roebuck & Company
TIME: 05:13PM
S E A R S
HILL,
RETAIN FORACOMPA
RISONAWITH2MONTHLY
STATEMENT OR FOR RETURN OR EXCHANGE
CUSTOMER: JAMES SILBAUGH
PICK UP DATE: 05/16/98
TRAN# PG/STORE REG# ASSOC#
1236 99 02624 111 10629
M E R C H A N D I S E H 0 L D I N G
C U S T O M E R P I C K U P
2071 27101 L TRACTOR, SAL 1299.99T
SUBTOTAL 1299.99
TAX 06.
CARD.TYPE: SEARS ACCOUNTOOOX 78.00
ACCT #: S0363456633488/001/000
'STATE: PA
05/16/98 SEARS ACCOUNT TOTAL 1377.99
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.
$1377.99
t
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----------------------------------- '
PURCHASED BY -----
P I CKUP NUMBER 1236
CALL FOR INFORMATION:
DELIVERY (800)732-7747
PARTS (800)366-7278
SERVICE (800)473-7247
S A L E S C H E C K 0
026241111236
SATISFACTION GUARANTEED
OR YOUR MONEY BACK
ACCT # T 0363456633488/0
CUSTOMER: JAMES SILBAUGH
ADDRESS: 36 SUNSET DR
CITY/STATE: MECHANICSBURG, PA
ZIP CODE: 17055
PHONE: 717-795-7178
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WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
Sears, Roebuck and Company
vs.
James M. Silbaugh
36 Sunset Drive
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-5021 Civil
No.
Atty. _
P1' If (s)
Prothy._
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
Costs
Term
Term
$ $101.70
$ $1.00
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
S -Avg, Roebuck Ana roplpnny
being: (Premises as follows):
Tractor
See attached papers
Plaintiff (s)
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date February 28, 2001
(SEAL)
Protlwnouuyy.. Common Pleas Court ?offCCuu r nd County, Pennsylvania
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SEARS, ROEBUCK AND COMPANY, CIVIL DIVISION
Plaintiff
VS.
No. 99-5021 CIVIL
JAMES M. SILBAUGH,
Defendant
PRAECIPE TO SATISFY THE DOCKET
Filed on behalf of Plaintiff, Sears,
Roebuck and Company.
Counsel of Record for this party:
RESSLER & RESSLER, P.C.
Paul V. Ressler, Esquire
PA I.D. #25626
FIRM No. 739
21 Yost Boulevard, Suite 301
Forest Hills, PA 15221-5283
(412) 824-6944
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANL
CIVIL DIVISION
SEARS, ROEBUCK AND COMPANY,
Plaintiff,
Vs. Docket No. 99-5021 CIVIL
JAMES M. SILBAUGH,
Defendant
PRAECIPE TO SATISFY THE DOCKET
To the Prothonotary:
Dear Sir:
Kindly mark the judgment entered at the above docket number as
satisfied.
Respectfully submitted
RESSLER & RESSLER, P.C.
By:
Paul V. Ressler, Esquire
Attorney for Plaintiff,
Sears, Roebuck & Company
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