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Home My WebLink About99-07160 N Q v b L 1 V 0 Leisawitz Heller 1-7bravnowitch Phillips, P.C. Attorneysat Law mw? rjerkshireC'ommons Suite 400 2201 Ridgemod Road ' Wyomissing, pA 19610.1193 Area Code (610) 372-3500 - ` lax (610) 372-8671 I I ? ?1 SEARS, ROEBUCK AND CO., PLAINTIFF VS. RANDY L. SCHRINER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. qq - '7/i Cb 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 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 Pennsylvania 17013 Telephone: 800-990-9108 SEARS, ROEBUCK AND CO.. IN TI-lE COURT OI' COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW VS. l Circ ?N NO. el9- '711,0 RANDY L. SCHRINER, 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 Randy L. Schriner, an adult individual residing at 429 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043 ("Defendant"). Defendant opened account no. 03-63542-31063-8 (the "Account") and charged various purchases of merchandise to the Account. 4. Sales invoices executed by Rustina Schriner, an authorized purchaser on the Account, 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 Rustina Schriner, an authorized purchaser on the Account, are attached hereto, marked as Exhibit "A" and are incorporated herein by reference. Sears' security interest in the merchandise purchased pursuant to the Account is perfected without filing a UCC-l 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 December 31, 1998 was Pour Thousand One Hundred Ninety-seven Dollars and Twenty Cents ($4,197?0). On December 31, 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- 06154RJW. 9. On April 15, 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 P.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 Six Hundred Ninety-eight Dollars and Thirty-three Cents ($698.33). 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 ajudgment for possession with respect to the merchandise identified in Exhibit "B". Dated: l\ ? d Respectfully submitted, LEIS )rrz I-TELLER ABRAMOWITCH PHILLIPS By:-C) 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. WRIFICATION 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: q I a? I C( "1 SEARS, ROEBUCK AND CO. Byj-;? CA4 0 lt0v Debra DeGrenier EXHIBIT "A" TIME: 02:21PM RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO: STORE 02624 CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 08/21/97 TRAN# PG/STORE REG# ASSOC# 7505 99 02624 057 489 MERCHANDISE ORDERED CUSTOMER PICKUP 03 85137 PTR,BJC250 SAL 171.OOT LEAVE IN CARTON ORDERED 70 13246292 2YR SHOPMA MDS 44.99T EXPIRES: 08/21/99 SUBTOTAL 215.99 TAX 06. CARD TYPE: SEARS ACCOUNT000% 12.96 ACCT #: 0363542310638/001/000 STATE: PA 08/18/97 SEARS ACCOUNT TOTAL 228.95 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. $228.95 i i ! : ! r L?.?en ! ---------------------- ------------------ PURCHASED BY CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)473-7247 S A L E S C H E C K # 026240577505 SATISFACTION GUARANTEED OR YOUR MONEY BACK ./*w TIME: 02:24PM RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 08/18/97 TRAN# PG/STORE REG# ASSOC# 7506 99 02624 057 489 MERCHANDISE HOLDING CUSTOMER PICKUP 2003 81137 CPU,1125 P MDS 1299.99T 70 13279292 2YR SHOPMA MDS 119.99T EXPIRES: 08/18/99 0003 11053 MP,0585601 MDS 7.99T 0003 20518 BLKN 15FT, MDS 10.99T SUBTOTAL 1438.96 TAX 06.000% 86.34 CARD TYPE: SEARS ACCOUNT ACCT #: 0363542310638/001/000 STATE: PA 08/18/97 SEARS ACCOUNT TOTAL 1525.30 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. $1525.30 ! i ? ---------------------------------------- PURCHASED BY PICKUP NUMBER 7506 CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)473-7247 TIME: 05:29PM RCCOC# 8414 SEARS SEARS #1224 NOW HIRING RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: D9/18/97 TRAN# PG/STORE REG# ASSOC# 9593 99 01224 120 7567 MERCHANDISE HOLDING CUSTOMER PICKUP 2020 36707 ENVIRO VAC MDS 149.99T 70 20302292 3YR SHOPMA MDS 34.99T BONUS CREDIT 22.30T- EXPIRES: 09/18/00 20 49062 VAC BAG, F MDS 9.99T SUBTOTAL 172.67 TAX 06. CARD TYPE: SEARS ACCOUNT 00% 10.36 ACCT #: 0363542310638/001/000 STATE: PA 09/18/97 SEARS ACCOUNT TOTAL 183.03 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. $183.03 ------------- i ? i ? i ? i ? ------------------------------- ------ PURCHASED BY PICKUP NUMBER 9593 CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (800)952-6700 SERVICE (800)473-7247 , S A L E S C H E C K 012241209593 SATISFACTION GUARANTEED OR YOUR MONEY BACK A TIME: 02:36PM RCCOC# 8414 SEARS HILL PA. RETAIN FORMCOMPARISON WITH2MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO: STORE 02624 CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 11/19/97 DELIV INSTR: WILL PICK UP TRAN# PG/STORE REG# ASSOC# 9240 99 02624 046 695 MERCHANDISE ORDERED CUSTOMER PICKUP 46 17501 FREEZER,5' MDS 188.OOT ORDERED SUBTOTAL 188.00 TAX 06. CARD TYPE: SEARS ACCOUNT OOX 11.28 ACCT #: 0363542310638/001/000 STATE: PA 11/14/97 SEARS ACCOUNT TOTAL 199.28 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. $199.28 i i i i i PURCHASED BY CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800) 473-7247 SAl E S C H E C K # i i i i i i i i 026240469240 SATISFACTION GUARANTEED OR YOUR MONEY BACK TIME: 02:58PM RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 02/21/98 TRAN# PG/STORE REG# ASSOC# 8377 99 02624 020 851 MERCHANDISE HOLDING CUSTOMER PICKUP 2020 87807 STEAM VAC, MDS 229.99T LEAVE IN CARTON 70 20204292 2YR SHOPMA MDS 39.99T EXPIRES: 02/21/00 0020 83803 CRPT/UPH, MDS 11.99T 0030 11887 EDGER,TRIM MDS 2.49T 0030 11890 EDGER,TRIM MDS 2.29T 30 96445 INT PAINT, SAL 9.997 SUBTOTAL 296.74 TAX 06. CARD TYPE: SEARS ACCOUNT000% 17.81 ACCT #: 0363542310638/001/000 STATE: PA 02121198 SEARS ACCOUNT TOTAL 314.55 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. $314.55 INSTALLATION SERVICE (000)000-0000 (800)472-7247 S A L E S C H E C K # 0 2 6 2 4 0 2 0 8 3 7 7 SATISFACTION GUARANTEED OR YOUR MONEY BACK i ! \J???titiUVV?VV ' -------------------- PURCHASED BY PICKUP NUMBER 8377 CALL FOR INFORMATION: DELIVERY (800)676-6130 PARTS (800)366-7278 r TIME: 02:40PM RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: RUSTINA L. SCHRINER TRAN# PG/STORE REG# ASSOC# 8134 99 02624 049 2709 SALE 49 57000 VIDEO,PLAY MDS 129 99T 49 57538 VIDEO,PSX MDS . 19 99T 49 56614 VIDEO,PSX SAL . 42 49T 49 56627 VIDEO,PSX SAL . 38 24T 49 56939 VIDEO,PSX SAL . 42.49T SUBTOTAL 273.20 CARD TY TAX 06. COUNT 00% PE: SEARS AC 16.40 ACCT #: 0363542310638/000/000 06/17/9 8 SEARS ACCOUNT TOTAL 289.60 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. $289.60 --------------- i t i ! i PURCHASED i BY ! -- - --------------- S A L E S C H E C K # 0 2 6 2 4 0 4 9 8 1 3 4 SATISFACTION GUARANTEED OR YOUR MONEY BACK EXHIBIT "B" Item Purchase Date Purchase Price Fair Market Value Canon Printer, Model No.705BJC250 08/18/97 $171.00 $51.30 Packard Bell Computer, Model No. 5661125P200 08/18/97 $1.299.99 $168.99 Eureke Enviro Vacuum, Model No.8604470AT 09/18/97 $131.90 $102.88 Frigidaire Freezer, Model No.253MFC05 11/14/97 $188.00 $124.08 Hoover Steam Cleaner Vacuum, Model No. 473175865-900 02/21/98 $229.99 $197.79 Video PlayStation 06/17/98 $129.99 $53.29 rn a SEARS, ROEBUCK AND CO., Plaintiff VS. RANDY L. SCHRINER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 99-7160 CIVIL TERM PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT IN REPLEVIN AND NOW, this 22nd day of December, 1999, comes Defendant, by and through his counsel, Dorothy L. Mott, Esquire, and files the following preliminary objections to Plaintiffs Complaint: 1. Plaintiffs Complaint is an action in replevin requesting the return of merchandise that Defendant allegedly purchased from Plaintiff company. 2. The basis for the Complaint is an alleged security agreement executed by Defendant in connection with charge account number 03-63542-31063-8. 3. Plaintiffs Complaint has attached thereto electronically generated sales invoices purportedly signed by the Defendant. 4. The original sales invoice is not attached as an exhibit. 5. The original invoice contains information and notations that do not appear on the sales invoice produced as an exhibit to Plaintiffs complaint. 6. The sales invoice attached to the Complaint incorporates by reference a SearsCharge Agreement. 7. Neither the original signed security/charge agreement nor a copy is attached to Plaintitl's complaint as required by Pa.R.Civ.Pr. 10109(1). 8. plaintiff has presented no evidence that the Defendant signed the incorporated agreement mid has not explained the absence of the document. 9. While Plaintiffs Complaint implies that the security agreement is created only by the signing of the sales slip, such allegation is inconsistent with the allegation contained in the Complaint, which specifically references terms and conditions that are not found on the sales slip and which would ordinarily be found in the underlying credit agreement, such as the method of allocation or payments and finance charges. 10. In the absence of a signed credit agreement, the Plaintiff has no basis upon which to charge interest or allocate payments in a manner that is inconsistent with the Goods and Services Installment Sales Act, 69 Pa. C.S.A. Sections 1101 et seq. Preliminary objections 11. The above-referenced paragraphs are incorporated herein as if set out in full. 12. The replevin action filed by Plaintiff is based on a sales slip which specifically incorporates a charge account agreement. 13. The incorporation of the SearsCharge Agreement by the sales slips merges the two documents for the purpose of demonstrating the entire agreement between the parties. 14. Pursuant to Pa. Rule of Civil Procedure 1019, a complaint based on a document must have attached thereto a copy of the document relied upon. The Plaintiff's Complaint does not have a copy of the SearsCharge Agreement attached and does not have the original sales slip or an exact replica of the original sales slip attached. 15. Defendant objects to Plaintiffs Complaint as not being in compliance with Sri e rt I.. Pa.R.Civ.Pro. 1019(h). ':15A int respectfully requests that the Preliminary Objections to by this Honorable Court and that Plaintiffs Complaint be Respectfully submitted, r 6? 4,? oro y L. Mott,, squire Supreme Court N . 43568 114 South Street Harrisburg, PA 17101 (717)232-6650 Certificate of Service rd I, Nlarc A. Crum, assistant to Dorothy L. Mott, Esquire, hereby certify that on this J?_ day of December, 1999, 1 served a copy of the foregoing document(s) by placing the same in the United States Mail, First Class, postage prepaid, addressed as follows: CHARLES J PHILLIPS ESQUIRE BERKSHIRE COMMONS SUITE 400 2201 RIDGEWOOD ROAD WYOMISSING PA 19610-1193 l?r- Marc .Crum, Assistant to Doro y L. Mott, Esquire 114 South Street Harrisburg, PA 17101 (717)232-6650 ) r. i 1 1_ ( L SEARS, ROEBUCK AND CO., PLAINTIFF VS. RANDY L. SCI-IRINER, DEFENDANT IN'I'IIE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW N0.99-7160-CIVIL PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF BERKS I, 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, Randy L. Schriner, 429 Hummel Avenue, Lemoyne, Pennsylvania, 17043 via United States First Class Mail, postage prepaid, on December 28, 1999. arle . hillips, Esquire Sworn to and subscribed before me this 28th day „v nrrernher. 1999. Notary Public ($2.00) NOTARIAL SEAL BARBARA J. FLEISCHOOO, Notary Public Wyomissing, Becks County, PA My Commission E.p ies 7-264003 8Xl IIBrr "A" SEARS, ROEBUCK AND CO., PLAINTIFF vs. RANDY L. SCHRINER. DEFENDANT TO: RANDY L. SCHRINER 429 HUMMEL AVENUE LEMOYNE, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160-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. Pet nsvlvania. 17013 Telephone: 717-240-6200 LEISAWITZ HELLER I-I PHILLIPS By:_ // / Charles J. Phillips, Eqt 2201 Ridgewood R aL Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff SEARS, ROEBUCK AND CO., PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160-CIVIL RANDY L. SCHRINER, DEFENDANT TO: RANDY L. SCHRINER 429 HUMMEL AVENUE LEMOYNE, PA 17043 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 OT14ER 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 By: LEISAWITZ HELLER ABRAMOWITCH PHILLIPS Charles J. Phillips, Esquire 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 Attorney Tor Plaintiff' SHERIFF'S RETURN - REGULAR CASE NO: 1999-07160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEARS ROEBUCK AND CO VS. SCHRINER RANDY L KENNETH GOSSERT Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon SCHRINER RANDY L the defendant, at 18:50 HOURS, on the 1st day of December 1999 at 429 HUMMEL AVE LEMOYNE, PA 17043 CUMBERLAND County, Pennsylvania, by handing to RANDY L. SCHRINER a true and attested copy of the COMPLAINT - REPLEVIN together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 8.00 zz R. I omas rUlne, Sheriff j 5. ALE SAW1994 HELLER, ABROMAWITCH /J by Sworn and subscribed to before me this day ofC 159 .2,1,rV A.D. hLal)w ror-nonotar :gin ... .. ., .... Leisawitz Heller Abramowitch Phillips, P-e. Attorneys at raw rjerkshire Commons Suite 400 2201 Ridgetmnod 12oad wyomissing, PA 19610-1193 Area Code (610) 372-3500 lax (610) 372-8671 SEARS, ROEBUCK AND CO., PLAINTIFF VS. RANDY L. SCHRINER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160 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 First Amended 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 First Amended 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 Countv Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 800-990-9108 SEARS, ROEBUCK AND CO., PLAINTIFF VS. RANDY L. SCHRINER, DEPENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160-CIVIL FIRST AMENDED 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 Randy L. Schriner, an adult individual residing at 429 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043 ("Defendant"). 3. Defendant opened account no. 03-63542-31063-8 (the "Account") and charged various purchases of merchandise to the Account. 4. Sears is a secured creditor of the Defendant and holds a perfected purchase money security interest in the consumer goods identified in Exhibit "A", which is attached hereto and incorporated herein by reference. 5. The Uniform Commercial Code, provides that a security interest is enforceable against a debtor with respect to collateral if "the debtor has signed a security agreement which contains a description of the collateral" 13 Pa. C..S.A. §9203(a)(1). 6. The elements needed to create a security agreement are: (a) a writing; (b) the debtor's signature; and (c) a description of the collateral or types of collateral. In Re: Hance, 181 B.R. 184,186 (M.D. PA 1993). The Defendant's Sears Charge Agreement is not accessible to the Plaintiff. This account is a Rapid Credit Account and was opened without Defendant signing a Sears Charge Agreement. 8. Each time that Defendant purchased the merchandise described in Exhibit "A" on credit, a paper sales invoice was printed at the register for the Defendant to sign. Each sales invoice contains a description ol'the merchandise and language granting Sears n security interest in the merchandise. Once signed the paper sales invoices were given to the Defendant to retain. 9. Additionally, during each credit purchase made by the Defendant, an electronic record was made which identified the Defendant as the purchaser and other particulars of the purchase including a description of the merchandise, the SKU (Sears Stock Keeping unit), the language granting Sears a security interest in the merchandise and an electronically "compressed" version of the Defendant's signature. Copies of the electronically produced sales invoices are attached hereto and marked as Exhibit "B". 10. In accordance with standard business practices, Plaintiff sent to Defendant the Notices and Changes in Credit Terms attached hereto as Exhibit "C" and incorporated herein by reference. 11. The Notices and Changes in Credit Terms identified in Exhibit "C" were ratified and accepted by Defendant by making purchases after the effective date of such Notices and Changes in Credit Terms. 12. The "writings" described in paragraphs 8, 9, and 10 herein, both separately and collectively meet the UCC's "writing" requirement and constitute the "writings" upon which Sears' purchase money security interest is based. 13. Sears' security interest in the merchandise purchased pursuant to the Account is perfected without filing UCC-1 Financing Statement pursuant to UCC 9-302(a)(4). 14. All payments made by the Defendant on the Account were applied first to any unpaid insurance or finance charges and then to pay for the earliest charges on the Account. 15 The total balance owed by the Defendant as of December 31, 1998 was Four Thousand One Hundred Ninety-seven Dollars and Twenty Cents ($4,197.20). 16 On December 31, 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- 06154RJ W. 17. On April 15, 1999 the Defendant received a discharge extinguishing his legal liability to pay certain debts including the debt owed to Sears. 18. 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 "A". See Estate of Lellock vs. Prudential Insurance Co. of America, 811 P.2d 186 (3rd Cir. 1987). 19. Pursuant to Sears' purchase money security interest in the merchandise identified in Exhibit "A", Sears is entitled to possession of such merchandise. 20. Upon information and belief, Defendant is in possession of the merchandise identified in Exhibit "A". 21. The fair market value of the merchandise identified in Exhibit "A" totals Six Hundred Ninety-eight Dollars and Thirty-three Cents ($698.33). 22. Although demanded, Defendant refused and continues to refuse to turn over possession of the merchandise to Sears. iectfuIly requests this Court for a judgment for possession with ied in Exhibit "A". Respectfully submitted, LLE'ISAWITZ H?ELLER ABRAMOWITCH PHILLIPS Charles 2liitlips-.Es ire Attorney I.D. 39260 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Sears, Roebuck and Co. 9T'd i66 6T:91 0002-DT-NUf BASKIN, LEISAWITZ TEL: 215-sra-1bbb .tan 14 uu 1L•45 iw.uua r.ur yLmug6;J'1t)N 1, Connen Tina Gay, statu and aver that 1 am the Bankruptcy Process Munuger of scurs, Roebuck Paid Co., state and avcrthot 1 am authorized by the Company to sign this Verification and ilia, the facts sel forth in the First Amended Complaint in Replevin are based oil information furnished to counsel, which intimnation has been gathered by counsel in the course of this lawsuit. The language of the First Autendod Complaint in Replevin is that of counsel mod not of the undersigned. '1'hc undersigned verify that she has read the attached first Alttended Compluint in Replevin and that it is u'uc and correct to the best of his infomtation and belief To the exicnt that the language of tllc First Amended Complaint in Replevin is that of counsel, the undersigned has relied upon counsel in pinking this verification. 11ils verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: V/#/C p ? sr.ARs, RorBl1CK AND CO. 7 13y: .armcn ina ay 9T'd 96G'0W I ELM s6d3S WdTE:S 000211T'Nlif EXHIBIT "A" Item Purchase ate Canon Printer, Model No. 705BJC250 08/18/97 Packard Bell Computer, Model No. 5661125P200 08/18/97 Eureke Enviro Vacuum, Model No. 8604470AT 09/18/97 Frigidaire Freezer, Model No. 253MFCO5 11/14/97 Hoover Steam Cleaner Vacu um Model No. 473F5865-900 , 02/21/98 Video PlayStation 06117198 Purchase Price ?- Fair Market Value $171.00 $51.30 $1,299.99 $168.99 $131.90 $102.88 $188.00 $124.08 $229.99 $197.79 $129.99 $53.29 amE EXHIBIT "B" TIME.: • 02:21PM RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO: STORE 02624 CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 08/21/97 TRAN# PG/STORE REG# ASSOC# 7505 99 02624 057 489 MERCHANDISE ORDERED CUSTOMER PICKUP 03 85137 PTR,BJC250 SAL 171.OOT LEAVE IN CARTON ORDERED 70 13246292 2YR SHOPMA MDS 44.99T EXPIRES: 08/21/99 SUBTOTAL 215.99 TAX 06.000% 12.96 CARD TYPE: SEARS ACCOUNT ACCT #: 0363542310638/001/000 STATE: PA 08/18/97 SEARS ACCOUNT TOTAL 228.95 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. $228.95 ! -----------------------------=---------- PURCHASED BY CALL FOR INFORMATION: DELIVERY (800)732-7747 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 5 7 7 5 0 5 SATISFACTION GUARANTEED OR YOUR MONEY BACK TIME.: ' 02:24PM RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 08/18/97 TRAN# PG/STORE REG# ASSOC# 7506 99 02624 057 489 MERCHANDISE HOLDING CUSTOMER PICKUP 2003 81137 CPU,1125 P MDS 1299.99T 70 13279292 2YR SHOPMA MDS 119.99T EXPIRES: 08/18/99 0003 11053 MP,0585601 MDS 7.99T 0003 20518 BLKN 15FT, MDS 10.99T SUBTOTAL 1438.96 TAX 06.000% 86.34 CARD TYPE: SEARS ACCOUNT ACCT #: 0363542310638/001/000 STATE: PA 08/18/97 SEARS ACCOUNT TOTAL 1525.30 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. $1525.30 i I i I ? I I r I I I ? I --__-----_-- -------_ PURCHASED BY PICKUP NUMBER 7506 CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)473-7247 r• S A L E S C H E C K # 0 2 6 2 4 0 5 7 7 5 0 6 SATISFACTION GUARANTEED OR YOUR MONEY BACK it TIME: •05:29PM RCCOC# 8414 S E A R S SEARS #1224 NOW HIRING RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 09/18/97 TRAN# PG/STORE REG# ASSOC# 9593 99 01224 120 7567 MERCHANDISE HOLDING CUSTOMER PICKUP 2020 36707 ENVIRO VAC MDS 149.99T 70 20302292 3YR SHOPMA MDS 34.99T BONUS CREDIT 22.30T- EXPIRES: 09/18/00 20 49062 VAC BAG, F MDS 9.99T SUBTOTAL 172.67 TAX 06.000% 10.36 CARD TYPE: SEARS ACCOUNT ACCT #: 0363542310638/001/000 STATE: PA 09/18/97 SEARS ACCOUNT TOTAL 183.03 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. $183.03 i ? i ? i ? i ? ---------------------------------- PURCHASED BY P I C K U P N U M B E R 9 5 9 3 CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (800)952-6700 SERVICE (800)473-7247 S A L E S C H E C K # 0 1 2 2 4 1 2 0 9 5 9 3 SATISFACTION GUARANTEED OR YOUR MONEY BACK r -TIME:' 02:36PM RCCOC# 8414 S E A R S CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE DELIVER TO: STORE 02624 CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 11/19/97 DELIV INSTR: WILL PICK UP TRAN# PG/STORE REG# ASSOC# 9240 99 02624 046 695 MERC1IAN01SE ORDERED CUSTOMER PICKUP 46 17501 FREEZER,5' MDS 188.OOT ORDERED SUBTOTAL 188.00 TAX 06.000% 11.28 CARD TYPE: SEARS ACCOUNT ACCT #: 0363542310638/001/000 STATE: PA 11/14/97 SEARS ACCOUNT TOTAL 199.28 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. $199.28 PURCHASED BY CALL FOR INFORMATION: DELIVERY (800)732-7747 PARTS (800)366-7278 INSTALLATION (000)000-0000 SERVICE (800)473-7247 SAl ESCHECK # p- r. TIME:* 02:58PM RCCOC# 8414 SEARS CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: RUSTINA L. SCHRINER PICK UP DATE: 02/21/98 TRAN# PG/STORE REG# ASSOC# 8377 99 02624 020 851 MERCHANDISE HOLDING CUSTOMER PICKUP 2020 87807 STEAM VAC, MDS 229.99T LEAVE IN CARTON 70 20204292 2YR SHOPMA MDS 39.99T EXPIRES: 02121100 0020 83803 CRPT/UPH, MDS 11.99T 0030 11887 EDGER,TRIM MDS 2.49T 0030 11890 EDGER,TRIM MDS 2.29T 30 96445 INT PAINT, SAL 9.99T SUBTOTAL 296.74 TAX 06.000% 17.81 CARD TYPE: SEARS ACCOUNT ACCT #: 0363542310638/001/000 STATE: PA 02/21/98 SEARS ACCOUNT TOTAL 314.55 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. $314.55 i ! i ! i i ! i ------------------------- PURCHASED BY P I C K U P N U M B E R 8 3 7 7 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 II E C K / 026240208377 SATISFACTION GUARANTEED OR YOUR MONEY BACK 1 - TIME: '02:40PM RCCOC# 8414 S E A R S CAMP HILL, PA. 002624 RETAIN FOR COMPARISON WITH MONTHLY STATEMENT OR FOR RETURN OR EXCHANGE CUSTOMER: RUSTINA L. SCHRINER TRAN# PG/STORE REG# ASSOC# 8134 99 0262 2 4 E 049 2709 49 57000 VIDEO,PLAY MDS 129.997 49 57538 VIOEO,PSX MDS 19.99T 49 56614 VIDEO,PSX SAL 42.49T 49 56627 VIDEO,PSX SAL 38.24T 49 56939 VIDEO,PS L 7 273.20 TAX 06.000% 16.40 CARD TYPE: SEARS ACCOUNT ACCT #: 0363542310638/000/000 06/17/98 SEARS ACCOUNT TOTAL 289.60 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. $289.60 ----------------------- t i i i i t i i i i i i .. i ------------------ PURCHASED BY S A L E S C H E C K # 026240498134 r• SATISFACTION GUARANTEED OR YOUR MONEY BACK EXHIBIT "C" 121 fi g a 0 ?1 n ? HP??? It nee B? ????? a? a E i g M Rill, I ? I ? ? C RUN fit all E? ?n IL I is v , slag VIM k 3o a L p`EE e fAf@ Iv TLP g ¢t M a.1 1-1911 5;1M g IL M I§v??P#y??a 1LLa to 6 4CL 5 ?g fP E Hyy oqf f M.11 ?°5 s f???? aP P 7 a Him s ?a2 :$?@L!? 1i 1,11g 8 M11111 X11 i 1yei a3S= Ell F?I g S 6j H?=a9 EH ft iL Ii ?,Bfa 5p 3 AgS L a iP°s 95'$???9? E ?g?g? , g?g ?iy ?i?pDapgpgggpp a n LgY 2?&B` iygd ??agRF??s?*?? ?, 3ya?g?s5 ?_?a#PJ...• #L?46a?Sn ..r t` f ° it ii C) i ?'= i ? Q u r • _ c=; ?i l V , Li ?1 '--' .?.i 'J ?•? U 7 (.) Leisawitz Heller4kramowitch Pwnips, p.e Attorneys at Law Berkshire Commons rod Road /)rea Code (610) 322-3500 p/119610.1193 lax (610) 322-8621 SEARS, ROEBUCK AND CO., PLAINTIFF VS. RANDY L. SCI-iRINER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160 PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA: ss: COUNTY OF BERKS, I, Charles J. Phillips, Esquire, being duly sworn according to law, depose and say that I served a true and correct copy of Plaintiff's Amended Complaint in Replevin, upon the Defendant's attorney-of- record, Dorothy Mott, Esquire, 114 South Street, Harrisburg, PA 17101, via First Class Mail, postage prepaid, on January 14, 2000. Charles J. Phillips, Es ire Sworn to and subscribed before me this 14th day of ofJanuay,2000. G ,L1-?:C\,C"-` Notary Public ($2.50) EAL , Notary Pu51ic oun ry, P.? 7•?5.2003 FME r.k Lm } r C) ? C; co a p SEARS, ROEBUCK AND CO., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA I ` CIVIL ACTION - LAW VS. NO. 99-7160-CIVIL RANDY L. SCHRINER, DEFENDANT e" TO: RANDY L. SCHRINER DATED: FEBRUARY 8, 2000 E 429 HUMMEL AVENUE LEMOYNE, PA 17043 ?Z DOROTHY MOTT, ESQUIRE 114 SOUTH STREET HARRISBURG, PA 17101 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 Charles J. Phillips, sgUire 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff m i. I`: =? L ? ?? i l i ..1( .v .? -:J ?_S ?, _ l J ? ..? ) SEARS, ROEBUCK AND CO., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 99-7160-CIVIL RANDY L. SCHRINER, DEFENDANT PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA: ss: COUNTY OF BERKS I, 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 those individuals whose names and addresses appear below, via United States First Class Mail, postage prepaid, on February 8, 2000: Randy L. Schriner 429 Hummel Avenue Lemoyne, PA 17043 Sworn to and subscribed before me this 8th day of February, 2000. Notary Public ($2.00) Dorothy Mott, Esquire 114 South Street Harrisburg, PA 17101 Charles J. Phillips squire NOTARIAL SE BAR?ARF J. FL[ISC?CQD. :""? " Wyomssin?? 8c?':'. My Cummsson E.c?'c?_ .... EXHIBIT "A" SEARS, ROEBUCK AND CO., PLAINTIFF VS. RANDY L. SCHRINER, DEFENDANT 'r0: RANDY L. SCIIRINER 429 HUMMEL AVENUE LEMOYNE, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160-CIVIL DATED: FEBRUARY 8, 2000 DOROTHY MOTT, ESQUIRE 114 SOUTH STREET HARRISBURG, PA 17101 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 Charles J. Phillips, EsgG 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff -? .r: ?? I ? - f _ ._. - ?J ` , ?? 1 ?., ,i1 SEARS, ROEBUCK AND CO., PLAINTIFF VS. RANDY L. SCHRINER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160 PRAECIPE FOR ENTRY OF DEFAULTJUDGMFNT TO THE PROTHONOTARY: Kindly enter a defaultjudgment for possession, only, in favor of the Plaintiff, Sears, Roebuck and Co. and against the Defendant, Randy L. Schriner, for his failure to file an Answer to the First Amended Complaint within twenty (20) days of service thereol'and within ten (10) days of service of the Notice of Intent To Enter Default Judgment for possession of a Canon Printer, Model No. 705BJC250, Packard Bell Computer,Model No. 5661125P200, Eureke Enviro Vacuum, Model No.8604470AT, Frigidaire Freezer, Model No. 253MFC05, Hoover Steam Cleaner Vacuum, Model No. 473175865-900 and Video Playstation, as more fully identified in Exhibits "A" and "B" of the Complaint in the above-captioned proceeding. Pursuant to Pa.R.C.P. 237. 1, 1 certify that written notice of the intent to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Dated: March /S, 2000 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: Charles.l. Phill , squire Attorney for Plaintiff rho) SITARS, ROEBUCK AND CO., PLAINTIFF Vs. RANDY L. SCIIRINER, DEFENDANT TO: RANDY L. SCIIRINER 429 1IUMME'•L AVENUE LEMOYNE, PA 17043 DOROTHY MO'IT, ESQUIRE 114 SOUTI I STREET HARRISBURG, PA 17101 IN T'ITE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160-CIVIL DATED: FEBRUARY 8, 2000 r• , IMPORTANT NOTICE a J .,. :i YOU ARE IN DEFAULT' BECAUSE YOU I IAVE FAILED TO TAKE ACTION: REQUIRED OF YOU IN -1.111S CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TI IE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT' RIGI1'I'S. 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 01'PICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor. Cumberland County Courthouse Carlisle. Pennsylvania. 17013 'T'elephone: 717-240-6200 LEISAWITZ HELLERABRAMOWITcH PHILLIPS Charles J. Pliillips, Esgt 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff SI AItS, ROEBUCK AND CO., IN,riiE COURT OP COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 99-7160-CIVIL RANDY L. SCHRINER, DE=PENDANT PROOF OF SERVICE COMMONWEALTId 01" PENNSYLVANIA: = ss: COUNTY OF BERICS - } I, 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 those individuals whose names and addresses appear below, via United States First Class Mail, postage prepaid, on February 8,2000: Randy L.Schriner 429 I-tunuuel Avenue Lemoyne, PA 17043 Sworn to and subscribed bel-ore me this 8th day or February, 2000. n_ T J kL Gkr"? Notary Public ($2.00) Dorothy Mott, Esquire 114 South Street Harrisburg, PA 17101 Charles J. Phillips -squire NOTARIAL SEAL ennHnan J. FLEISCIIOOO, aJ"Jj'• wyo"'ssiny, Hc?ks Comm, ?• , Nay Connnisslon E?nnc: vY' EXI11131T "A" SEARS,1(GEBUCK AND CO., PLAINTIFF VS. RANDY L. SCHRINER, DEFENDANT RANDY L. SCIIRINER 429 HUNINIEL AVENUE LEMOYNE, PA 17043 DOROTHY M01-1', ESQUIRE 11,1 SOU'I'11 STREET IIARRISBURG, PA 17101 IN TUE COURT' OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160-CIVIL DATED: FEBRUARY 8, 2000 1MPORTAN'1' NOTICE YOU ARE IN DEFAULT BECAUSE YOU I-IAV E FAILED TO TAKE ACTION REQUIRED OP YOU IN THIS CASE. UNLESS YOU ACT WITHIN I-EN (10) DAYS FROM MAY BE ENTERED AGAINST W l1'I OU'T' A HEARING AND YOU MAYDLOSE YOUR PROPERTY OR O THEROU IMPORI'ANi' RIGHTS. YOU SHOULD TAKE TIIIS NOTICE'r0 YOUR LAWYER AT ONCE. IF YOU D CANN AFFORD TELEPH IOLLOWING OI , lCE TO FIND OUT WHERE YOU CLANG T LEGAL TIE ONE THE Court Administrator 4th floor Cumberland County Courthouse L,,Irlisle Penns ylvatna, 17013 relenltone• 717-240-6200 LEISAWTI'Z HELLER ABRAMOWITCII PHILLIPS By: C? Charles J. Phillips, EsgUae 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff iuC? Ch; _? ip v ° u O SEARS, ROEBUCK AND CO., PLAINTIFF VS. RANDY L. SCHRINER, DEPENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160 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: Randy L. Schriner 429 Hummel Avenue Lemoyne, PA 17043 Defendant's: Dorothy Mott, Esquire Attorney: 114 South Street Harrisburg, PA 17101 Dated: March 15, 2000 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: Charles J. Phillips, Esquire Attorney for Plaintiff ti 111 :J! N Od i?L. ` CJ;Z C u 'n ? LL n ? J SEARS, ROEBUCK AND CO., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 99-7160 RANDY L. SCHRINER, DEFENDANT 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, Randy L. Schriner, is not in the Military or Naval Service, based on the foregoing facts as of the date of this affidavit: Age of Defendants: Present Place of Employment: Present Place of Residence: Dated: March 15, 2000 Sui Juris Unknown 429 Hummel Avenue L PA 17043 Charles J. Phillips, Esquire Attorney for Plaintiff Sworn to and subscribed before me this 20th day of March, 2000. Notary Pub is ($2.00) NOTARIAL SEAL EAR3n RA J. FLEISC-000. % -^ F. %Vyonssing. Earks Conic,. My Comm,ss.on Er:wo, 7. - r. . s 01, C-j ? SEARS, ROEBUCK AND CO., PLAINTIFF vs. RANDY L. SCHRINER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7160 NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.C.P. 236 TO: RANDY L. SCHRINER. DATED: MARCH 15, 2000 429 HUMMEL AVENUE LEMOYNE, PA 17043 You are hereby notified in accordance with Pennsylvania Supreme Court Rule 236 that a judgment has been entered against Randy L. Schriner, Defendant in the above-captioned proceeding on March 2000 for possession of the Canon Printer, Model No. 705BJC250, Packard Bell Computer, Model No. 5661125P200, Eureke Enviro Vacuum, Model No.8604470AT, Frigidaire Freezer, Model No. 253MFC05, Hoover Steam Cleaner Vacuum, Model No. 473F5865-900 and Video Playstation, 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 said judgment by the attorney for the Plaintiff. Prothonotary / By: / 3?aY`vo ?___ -- -i SEARS, ROEBUCK AND CO., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. RANDY L. SCHRINER, DEFENDANT NO. 99-7160 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 Randy L. Schriner, 429 Hummel Avenue, Lemoyne, Pennsylvania, 17043, and (3) for possession of the Canon Printer, Model No. 705BJC250, Packard Bell Computer, Model No. 5661125P200, Eureke Enviro Vacuum, Model No.8604470AT, Frigidaire Freezer, Model No. 253MFC05, Hoover Steam Cleaner Vacuum, Model No. 473175865-900 and Video Playstation, as more fully identified in the Complaint in the above-captioned proceeding. P.R.C.P.2958 Date Judgment Entered: March 2000 Was Judgment by Confession or Default: Default Date Affidavit of Mailing Filed: March 2000 Dated: March 15, 2000 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: / Charles J. Phillips, Esquire Attorney for Plaintiff V u: : I cJ S ,?-A ? m ? V 4 M ^^ V_ Q - - -------------- ;'po S: VOUO:;:a:d •----•' : '1?--,.,??7'?1' -•0'r,3-------------• --- to ncp nitti i ----------- ------- "7 qm I'l; IZ L i -- sclx rv, w:a o: pn:.:osani -our U.lou ?S 1? :in Utz 9 m 6 I i.. ,I,. 69.6£ ------------- OU•UT----------- --o5aL4=nS- C6.6 a6LITW ------------- OF-F----------- Aa-GIOUOLPwd- LL• a6epunod ------------- 00_AL--S---------- gsamwu :s;soJ s133T•294S ---------------------------------------------------------- .--------------------------------------------------•------ 10/11/01 uo A14v of popunjoa ----------------1£ 09-------- 69.6£ s4SOD s,33?.IayS ----------------- UU`001---- rs1STU AbUe145v-- SFLINOW 9 Ni N3NFGI. NOIJ,J'd ON U3Atisa --------------------------------------- pvr -sonrunlnedr ac::a^: P 9i s p sasnt a:c au: ?o vassassod a+eq •-------------------------------------------------- 0: W •-d h 01 ai z i zz ; C ' 71Lrly -.?... Ic?_ z tirt y ? z:a z ---------------------------- :o arp--- z_ U C ro U aroi En C C O mr+a F? ? 41 c ON m43 r ?v E r r -------------- pau:ru uty!m ?li: pas= I --------- :.q: vo 9u.+: slip to amen All 0 i N Cl . I ? I I ; r4 Q I ! • I ; , I ; I I ? • I i i I I I ? ? ' ? t I I I I I I ? ' ; ' I I ; 0 0 c }I W !n ?v mr. rri I i- air WN . FD- M rC 1. ` 'O Nr y ^ ? Ns N '?Sx S N I? L I ? I ? I I i I _ I I - I WRIT OF POSSESSION ( Ejectment Proceedings PRC P 3160 - 316 etc) ---- SF.Al3Sa-RQEBUCK-UD_ CQ-_------------- t,s. IN THE COURT OF CONENION PLEAS OF CL-NIEERLAND COUNTY, PENNSN-LVA`N-•TA No. --------__-U=73blL2ivi1.------ Term 19------ No. -------------------------------- Term 19------ Costs 6A1IDY-L-SGAR3k3 -------------------- .? 429 HummEL AVENUE LEMOYNE, PA 17043 1 ----------- ----------------------------- j CO%n1OPIWE.-'ki.TH OF PE-VVSYLVAXL-k: COUNTY OF CU%fBERL-%-ND: $--445:4&-- Pl'ff (s: ---- 6------------------------ 'S------------ Prodsv. ------------------------------ 5------ 1..9A- To :he Sheriff of -------- Cumber-land ---------------- County, Penna. (1) To sadszy the judgmen: roc possession in :e above matter you are direc:ed :o de-icer Possession of :he roilowing described property:o: --------------- Sears.-gnaMn?k Znd-rn ------------------------------------------- P!aindff 'sl being : Premises as follows) : 429 Hummel Avenue Lemoyne, PA 17043 Canon Printer, Model No. 705BJC250 Packard Bell Computer, Model No. 5661125P200 Eureke Enviro Vacurtm, Model No. 8604470AT Friqidaire Freezer, Model No. 253MFC05 Hoover Steam Cleaner Vacuum, Model No. 473F5865-900 Video Playstation ;?) To satisfy the costs xmiast the d-fmdanr !s' sou are directed to iav;. upon i.•tv prooerr: of zhe ' * dan:,sl and set his her :;or tamer) ir.:e:est :herein: - - --- Curtis R. Long-------------------. Prorhonotary. Casmon P!eas Ccu= of Currtber!and C.:uart. Penna. Date ------- M;arch_2A* 2001----------- 81 /J2? - --- -- - - - -- (SZAL) - Deputy -