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Home My WebLink About99-07038??, i ?. n '? lQ 'J SEARS, ROEBUCK AND CO., PLAINTIFF VS. LYNN R. FIAHN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. Cj - 703? e •LL 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 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. or ' I. Cumberland County e Carlisle. Pennsylvania 17013 Telephone: 717 ?2 i 3?G6 or I-y-6v- rqo-qro( Bar SOc CRIOYI a L-4-C(61 /Cl 11 Uc- SEARS, ROEBUCK AND CO., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 99• 9639 &L.:..t 4,...- LYNN R. HAHN, 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 Lynn R. Hahn, an adult individual residing at 431 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 ("Defendant"). 3. Defendant opened account no. 05-63983-05437-7 (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. 1 -1 7. The total balance owed by the Defendant as of January 1, 1999 was One Thousand Eighty-eight Dollars and Five Cents (51,088.05). 8.' On January 1, 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. 98-00274RJW. 9. On April29,1998 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 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 isin possession of the merchandise identified in Exhibit "B". 13. The fair market value of the merchandise identified in Exhibit "B" totals Three Hundred Twenty-seven Dollars and Ninety-six Cents ($327.96). 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: ?? l(c%, Ctc' Respectfully submitted, LEISAWITZ HELLER ABRA WITCH PHILLIPS, P.C. By: Charles J. Philf , Esquire 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Scars, Roebuck and Co. VERIFICATION I, 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 unsworn falsification to authorities. Dated: qj a?4IG q SEARS, ROEBUCK AND CO. By: Q 1 I /? 01 D :: Debra DeGrenier EXHIBIT "A" REGUESTOR: M Cone TIME: 08:58PM SEARS CAMP HILL, PA 02624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE S A L E S C H E C K # 026241570511 CUSTOMER: LYNN R. HAHN PICK UP DATE: 12/30/98 TRAN# PG/STORE REG# ASSOC# 0511 99 02624 157 2634 MERCHANDISE HOLDING CUSTOMER PICKUP 2057 58688 CAM,PVL858 MDS 799.99T 70 57371292 3YR SHOPMA MDS 179.99T EXPIRES: 12/30/01 57 52147 CAM BAG, V4 MDS 24.99T 57 52261 RV BATRY,R NOS 69.99T 57 82842 VHS-C 2 PK MDS 9.99T MULT CREDIT $ 9.99T- SUBTOTAL 1074.96 TAX 06.000% 64.50 CARD TYPE: SEARS ACCOUNT ACCT #: 0563983054377/000/000 DELAYED DATE: 06/30/99 DELAY REASON: PROMOTIONAL 12/30/98 DELAYED TOTAL 1139.46 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. $1139.46 ------------------------------------ 'zz R Q'-? PURCHASED BY 05-63983-05437-7 MAY 26, 1999 CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (000)000••0000 SERVICE (800)473-7247 SATISFACTION GUARANTEED OR YOUR MONEY BACK PICKUP NUMBER 511 EXHIBIT "B" Item Panasonic Camcorder, Model No. 222PVL958 Purchase Date 12/30/98 Purchase Pric $799.99 Fair Market $327.96 - •r-•-- . :;: ':r dite ®®® - cr r' ? ? J _ w-.? rl n_ ,'1 J 7:2 J - r U ' V C I ?r a i SEARS, ROEBUCK AND CO., PLAINTIFF Vs. LYNN R. HAIAN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99-7038-CIVIL PROOF OF SERVICE COMMONWEAL,ri-I OF PENNSYLVANIA: ss: COUNTY OF BERKS I, Charles J. Phillips, Esqui,o 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, Lynn R. Hahn, 431 Pawnee Drive, Mechanicsburg, Pennsylvania, 1705 United States First Class Mail, postage prepaid, on December 28, 1999. Ch le . Phillips, Esquire Sworn to and subscribed before me this 28th day of December, 1999• Notary Public 02.0(1) NOTARIAL SEAL BARBARA J. FLEISCHCOD. Notary Public Wyomissing, Berks County, P;, My Commission E.otres 7.28-M 0. EXHIBIT "A" L SEARS, ROEBUCK AND CO., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW VS. NO.99-7038-CIVIL LYNN R. HAI-IN, DEFENDANT TO: LYNN R. I fAHN 431 PAWNEE DRIVE MECHANICSBURG, PA 17055 DATED: DECEMBER 28, 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. Pennsvlvania. 17013 Telephone: 717-240-6200 LEISAWITZ HELLER PHILLIPS tlmll5s?J. Phillips, Esquire 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff SEARS, ROEBUCK AND CO., PLAINTIFF VS. LYNN R. HAHN, DEFENDANT TO: LYNN R. HAHN 431 PAWNEE DRIVE MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7038-CIVIL DATED: DECEMBER 28, 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 Countv Courthouse Carlisle. Pennsylvania. 17013 Telephone: 717-240.6200 LEISAWIT% HELLER By: ,Xks'-J. Phillips, Esquire ?01 Ridgewood Road Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff Ql Y ?_ 1 _ , . _ i. _ ,-i _ C': ?.i. C.' ' G ? : :? J .) L ?. ?_? SHERIFF'S RETURN - REGULAR CASE NO: 1999-07038 P COMMOOUNTNWEOALCUMBERLANDTH OF SEARS ROEBUCK AND CO VS. HAHN LYNN R HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLA=NT - REPLEVIN was served upon HAHN LYNN R the defendant, at 17:03 HOURS, on the 2nd day of December 1999 at 431 PAWNEE DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to ANN HAHN (WIFE) a true and attested copy of the COMPLAINT - REPLEVIN together with NOTICE ' and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers Docketing 18.00 6.20 .+? P Affidavit .00 Surcharge 8.00 omas ine, eri LEISAWITZ HELLER, ABROMAWITCH 12/06/1993 s? by epu y S?? Sworn and subscribed to before me this /y day of, J fo _Jruo A.D. othonoQa. 'i SEARS, ROEBUCK AND CO., PLAINTIFF vs. LYNN R. HAHN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 99-7038 PRAECIPE TO END DISCONTINUE AND Sf:TT1.E TO THE CLERK: Please mark the docket in the above-captioned matter as ended, discontinued and settled. Dated: February 10, 2000 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS By: 2201 Ridgewc Wyomissing, Attorney for : iIt load, Suite 400 19610 .. ..?-.?.... . -?.,.w .. .` i ..,, L'1 (_ ? -? _ --1 i J jam, -' -. ?_i .. ? -' ': i I ._ _ _, t%? l _. ? :_ - _] - .':J :? SEARS, ROEBUCK AND CO., Plaintiff vs. LYNN R. HAHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7038 STIPULATION TO RESOLVE COMPLAINT IN REPLEVIN c This Stipulation to Resolve Complaint in Replevin dated this \G day of?Jarmary,-000, by and between 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; and Lynn A. Hahn, an adult individual residing at 431 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. BACKGROUND Defendant opened account number 05-63983-05437-7 ("Sears Account") with Sears and charged the purchases of the merchandise identified in Exhibit "A" to this account. Sears maintains a perfected security interest in the merchandise identified in Exhibit "A". On January 1, 1999 Defendant filed a Petition for Relief under Chapter 7 of the Bankruptcy Code with the United States Bankruptcy Court, Middle District of Pennsylvania and on April 29, 1999 received a discharge extinguishing her legal liability to pay certain debts, including all indebtedness owed to Sears. The parties acknowledge that the discharge of the indebtedness to Sears has no legal effect on the Y H? h validity of Sears' security interest in the merchandise identified in Exhibit "A". On November 22, 1999 Sears filed a Complaint in Replevin against the Defendant in the Court of Common Pleas of Cumberland County, Pennsylvania. Both Sears and Defendant are desirous of resolving the issues raised in the Complaint in Replevin. NOW THEREFORE, in consideration of the mutual promises and covenants herein set forth and intending to be legally bound hereby, the parties agree as follows: Defendant shall pay to Sears the amount of $327.96 in a lump sum payment to be made on or before February 24, 2000. Payment shall be made payable to Sears, Roebuck and Co. and mailed to counsel for Sears, Charles J. Phillips, Esquire, 2201 Ridgewood Road, Suite 400, Wyomissing, Pennsylvania, 19610. 2. Defendant hereby consents to the entry of a judgment against her for possession of the items listed in Exhibit "A" attached hereto. Contemporaneous with the execution of this Stipulation, Defendant shall sign the Consent to Entry of Judgment for Possession attached hereto as Exhibit "B". 3. Sears shall forbear from recording or executing on the Judgment for Possession or otherwise seeking possession of the merchandise as long as Defendant does not default in the timely payment of the Settlement Amount. 4. Should Defendant tail to pay the Settlement Amount or any portion thereof within the time period set forth above, Plaintiff shall, after providing Defendant and counsel, if any, with ten (10) days Written notice of such default, record, execute upon and enforce the Judgment for Possession. 5. Sears agrees that Defendant shall retain the sole possession and use of the merchandise identified in Exhibit "A" upon the timely payment of the Settlement Amount. 6. Upon payment in full of the Settlement Amount, Sears shall file a Praceipe to End Settle and Discontinue the Complaint in Replevin filed with the Court ol'Common Pleas of Cumberland County. 7. Upon payment in full of the Settlement Agreement, Sears shall release its security interest in those items identified in Exhibit "A" attached hereto. S. Contemporaneous with the execution of this Stipulation. the Defendant shall sign and send to counsel for Sears, Charles J. Phillips, Esquire, 2201 Ridgewood Road, Suite 400, Wyomissing, Pennsylvania, 19610, the Redemption of Personal Property from Secured Creditor's Lien which is attached hereto, marked as Exhibit "C" and is incorporated herein by reference. 9. This Agreement and the Redemption of Personal Property from Secured Creditor's Lien are the entire agreements between the parties and any verbal agreement or representation made by and between the parties or their counsel, are hereby declared void and unenforceable. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have set their hands and seals the year and date first above written. SEARS, ROEBUCK AND CO. By: Charles J. Phillips, Esquire Attor;wy for Sears, Roebuck and Co. Lynn Lce L. Oesterling, Esqu Attorney for Defendant rxI-11131T "A" Item Purchase Date Purchase Price Panasonic Camcorder, Model No. 222PVL858 12/30/98 $799.99 SEARS, ROEBUCK AND CO., Plaintiff vs. LYNN R. HAFIN, Defendac! IN TFIE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 99-7038 CONSENT TO ENTRY OF JUDGMENT FOR POSSESSION 1, Lynn A. Hahn, the Defendant in the above-captioned proceeding, hereby consent to the Entry of Judgment for Possession for all of the merchandise listed in Exhibit "B" of Plaintiffs Complaint in Replevin. Dated:,=A \p\Co Lynn . Hahn EXHIBIT "B" EXHIBIT ^C' JPN,20.2000 12:02PN N0.131 P.3 January 19,2000 Account No,; 05 63983 05437 7 Redemption of Personal Property from Secured Creditor's Lien I, LYNNR I?IIQ, hereby elect to redeem the personal property listed below from the purchase money security interest(s) held by Sears Roebuck and Co. or one or more o its affiliates ("Sears"). ears and T have agee that the amount set fourk'h below represents the value of the property and that the redemption pa ent s?hiall equal. that value. I understand that rf I had disagreed with_thrs valve, but still wished to redeem, i wind have sought a court orderteaarding the value. The property is un my possession and is is good wndition, Merchandise Unpaid Purchase Price Agreed Value CAMCORDER 5799.91 S327.96 Total Redemption Amount: $327,96 I understand that I no longer owe Sears any money due to my recent discharge under the federal baoy laws, I understand that this agreement imposes no personal liability on me for the redemption amount, 'If 1I fail to pay the redem lion amount, Sears only recourse will be against the properth When I have paid the redemption amount, Sears security interest in the listed propertyshallteirmnate. The property was either exempted under Section 522 of the Bankruptcy Code or abandoned by the trustee in my banlduptcy ,lam ate ears Representative Print Name 45 Congress St. Salem, MA 01970 1-800-366-7561 R4 Bate :f 5007404184 se% P.03 TAN-20-2000 11:42 ?- _;?_ j f? _. _ ,, , , ,c. ,? ;. ' ' " -- < ,: ` __. , ??; ' i ; ;