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Home My WebLink About99-06982V N r •,y U" eI 419 C4 -?r ' YF 1 '??f6f .?,f fCl Leisawitz Heller ALwamowitch Ph 'quorne illlipy p Q 6erkshireCommons Su+ to 400 " 2201 Ridgewood12oad Wyomissing. PA 19610-1193 Area Code(610)372-3500 lax (610) 372.8671 I1 SEARS, ROEBUCK AND CO., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. ??? (? % ?oZ ?L Gt (? THOMAS L. BIEMESDEFER, 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 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, Pennsylvania 17013 Telephone: 717-240-6200 SEARS, ROEBUCK AND CO., PLAINTIFF VS. THOMAS L. BIEMESDEFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 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 Thomas L. Biemesdefer, an adult individual residing at 205 Parker Street, Carlisle, Cumberland County, Pennsylvania, 17013 ("Defendant"). 3. Defendant opened account no. 05-54835-42905-7 (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 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 arc 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 January 14, 1999 was One Thousand Five Hundred Seven Dollars and Seventy-nine Cents ($1,507.79). 8. On January 14,1999 the Defendant filed a Petition under Chapter 7 of the Bankruptcy Code with the U.S. Bankruptcy Court, Middle District of Pennsylvania to no. 99-00174RJW. 9. On April 29,1999 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 Lellock 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 Five Hundred Twenty-three Dollars and Fifty-nine Cents ($523.59). 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: Il I A? Respectfully submitted, LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: Ins l V Charles J. Phil li sr/Esquire 2201 Ridgewoo oad 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 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: 1011a I Gq SEARS, ROEBUCK AND CO. By]:D?f A 0 u.t g,- Debra DeGrenier EXHIBIT "A" TIME: 04:51PM ' RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO: STORE 02624 CUSTOMER: THOMAS L. BIEMESDERFER PICK UP DATE: 06/29/98 TRAN# PG/STORE REG# ASSOC# 2863 99 02624 046 3467 MERCHANDISE ORDERED CUSTOMER PICKUP 26 26071 WASH, COIN MDS 679.99T ORDERED SUBTOTAL 679.99 TAX 06.000% 40.80 CARD TYPE: SEARS ACCOUNT ACCT #: 0554835429057/000/000 DELAYED DATE: 12/31/98 DELAY REASON: PROMOTIONAL 06/19/98 DELAYED TOTAL 720.79 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. $720.79 i i i PURCHASED BY PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)473-7247 S A L E S C H E C K # 0 2 6 2 4 0 4 6 2 8 6 3 SATISFACTION GUARANTEED OR YOUR MONEY BACK CALL FOR INFORMATION: DELIVERY (800)732-7747 Item Kenmore Washer, Model No. 11026071690 EXHIBIT "B" Purchase Date 06/19/98 Purchase Price $679.99 Pair Market Value $523.59 F-..-- .a v? _ ?Nb V ::. SEARS, ROEBUCK AND CO., PLAINTIFF vs. THOMAS L. BIEMESDEFER, DEFENDANT IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6982-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: December 14, 1999 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS P.C. By: / / 2201 Ridgewood Road,ite 400 Wyomissing, PA 1961 Attorney for Plaintiff ?. ,.- ?. r• ' - __ L:, _. _ W ' __ i. ? t .?. ?.? ?.1? ? ??I ,..? ?? _I i,- ' 1:. L.= ! _ ? ) I SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEARS ROEBUCK AND CO VS. BIEMESDEFER THOMAS L R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BIEMESDEFER THOMAS L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOTICE NOT FOUND as to the within named defendant BIEMESDEFER THOMAS L DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER ATTORNEY, 12/7/99. NEW ADDRESS: 989 WOODBRIDGE BLVD, LANCASTER, PA Sheriff's Costs: So answer Docketing 18.00 Service 3.10 Not Found Return 5.00 Surcharge 8.00 omas ine, eri $3%-TJ 1LEISAWITZ 2/07/199 HELLER, ABRAMOWITCH Sworn and subscribed to before me this 1y day of ]P5 ;) y-0 A. D. , u rrotnono-tary Leisawitz HellerAlgram0witch Pi tulips, P-e- rjerkskire e0mm045 Suite 400 2201 Ridgewood Road Wyomissing. nq 19610-1193 ax (Cod 3(6100)37 2-3500 SEARS, ROEBUCK AND CO., PLAINTIFF VS. Ti IOMAS L. BIEMESDEFER, DEFENDANT Ir, DE r ENDA-Kfl Yuu arc herchy notified to j ? the enclosed GM l'' within twenty 7 t20)day?scovoc Ihercofar a derault judgment q?,P cntcrcd a 'By Attomcy We do hereby certify that the within is a tole and cortat copy of. the oriiiinill riled In this action. By Attorney _ IN TI-IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 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 writing with the Court your defenses or objections tothe claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a j udgntent maybe 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 FOR•TI I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4111 Fl. Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: 717-240-6200 TWE (APY PRW 111 Too" wtwed, I teue ura stet ley W" ? of - d at Carflab, PL a t_ G-l. / r SEARS, ROEBUCK AND CO., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. TI IOMAS L. BIEMESDEFER, 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 Thomas L. Biemesdefer, an adult individual residing at 205 Parker Street, Carlisle, Cumberland County, Pennsylvania, 17013 ("Defendant"). 3. Defendant opened account no. 05-54835-42905-7 (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 January 14, 1999 was One'rhousand Five Hundred Seven Dollars and Seventy-nine Cents ($1,507.79). 8. On January 14,1999 the Defendant filed a Petition under Chapter 7 ofthe Bankruptcy Code with the U.S. Bankruptcy Court, Middle District of Pennsylvania to no. 99-00174RJ W. 9. On April 29, 1999 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 efibct on the validity of its security interest in the merchandise identified in Exhibit "B". Sce Estate of Lellock vs. Prudential Insurance Co of America, 811 F.2d 186 (3rd Cir. 1987). It. 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, Defendantisinpossession ofthemerchandiseidentified in Exhibit "B" 13. The fair market value of the merchandise identified in Exhibit "B" totals Five Hundred Twenty-three Dollars and Fifty-nine Cents ($523.59). 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". VVI Dated: i(1l) / Respectfully submitted, LEISAWITZ HELLER ABRAMIOWITCH PHILLIPS, P.C. Charles J. Philli s Esquire 2201 Ridgewoo toad 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., stale 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 fins 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: 1011a I Cq SEARS, ROEBUCK AND CO. By ? (a I? 0 11 Debra DeGrenier EXHIBIT "A" TIME: 04:51PM ' RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO: STORE 02624 CUSTOMER: THOMAS L. BIEMESDERFER PICK UP DATE: 06/29/98 TRAN# PG/STORE REG# ASSOC# 2863 99 02624 046 3467 MERCHANDISE ORDERED CUSTOMER PICKUP 26 26071 WASH, COIN MDS 679.99T ORDERED SUBTOTAL 679.99 TAX 06.000% 40.80 CARD TYPE: SEARS ACCOUNT ACCT #: 0554835429057/000/000 DELAYED DATE: 12/31/98 DELAY REASON: PROMOTIONAL 06/19/98 DELAYED TOTAL 720.79 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. $720.79 W PURCHASED IBY PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)473-7247 S A L E S C H E C K # 026240462863 SATISFACTION GUARANTEED OR YOUR MONEY BACK CALL FOR INFORMATION: DELIVERY (800)732-7747 EXHIBIT "B" lM Kenmore Washer, Model No. 1 1 02607 1 690 Purchase Date 06/19/98 Purchase Price $679.99 Pair Market Value $523.59 a' OFD ICF OF T'I' ? ?jp•i ? y a ? - LI SY. S?'?y