HomeMy WebLinkAbout01-2034· SEARS, ROEBUCK AND CO., · IN THE COURT OF COMMON PLEAS
IN ITS OWN CAPACITY AND AS · CUMBERLAND COUNTY, PENNSYLVANIA
SERVICING AGENT FOR SEARS · CIVIL ACTION - LAW
NATIONAL BANK, ·
i ,OOZy
VS. ·
·
PATRICIA HOFFMAN, ·
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 writi,ng 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 relief requested in the Complaint. You may lose 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 Count Bar Association
2 Liberty Avenu~ ~
Carlisle, Pennsylvania, 17013
Telephone: 717-249-3166
Telephone. 800-990-9108
SEARS, ROEBUCK AND CO., · IN THE COURT OF COMMON PLEAS
IN ITS OWN CAPACITY AND AS CUMBERLAND COUNTY, PENNSYLVANIA
SERVICING AGENT FOR SEARS · CIVIL ACTION . LAW
NA TI ONAL BANK, .
PLAINTIFF ' NO. o/-
·
VS.
·
PATRICIA HOFFMAN,
DEFENDANT .
COMPLAINT IN ~REPLEV~
THE PARTIE~
1. 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 Patricia Hoffman, an adult individual residing at 817 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania, 17043 ("Defendant").
3. Defendant is the holder of an open end credit card account 05-54656-44810-3 (the
"Account") established by Sears National Bank ("SNB"), a federally chartered bank governed by the
National Banking Act and supervised exclusively by the Federal Office of the Comptroller of
Currency.
4. Defendant has charged various purchases of merchandise to the Account and
has granted SNB a purchase money security interest in the consumer goods identified in Exhibit "A",
which is attached hereto and incorporated herein by reference (the "Merchandise,,).
5. SNB has transferred the receivables and the purchase money security interests
securing such receivables to Sears, including the purchase money security interests in the
Merchandise.
6. Sears is also SNB's authorized representative and servicer of Defendant's Account.
·
7. Sears brings this action as the purchaser and assignee of the purchase money security
interests in the Merchandise and as the authorized representative and servicer of the Account on
behalf of SNB and any other assignee that may have or have had any interest in the purchase money
security interests.
PURCHASE MONEY SECURITY INTEREST
8. 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).
9. 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. I~n Re: Hance, 181 B.R. 184,
186 (M.D. Pa. 1993).
10. Each time that Defendant purchased the Merchandise on credit, Defendant signed a
credit card slip which granted a security interest in the Merchandise until fully paid. Copies of the
credit card slips signed by Defendant are attached hereto, marked as Exhibit "B" and are
incorporated herein by reference.
11. Moreover, the Account was governed by a Sears National Bank Account and Security
Agreement ("Agreement") mailed to the Defendant. The Agreement specified that the Defendant
granted a security interest in each item of merchandise purchased on credit under the Account to
secure the purchase price of that item. A copy of the Sears National Bank Account and Security
Agreement in the form sent to the Defendant is attached hereto and marked as Exhibit "C".
12. The "writings" described in paragraphs 10 and 11 herein meet the UCC's "writing"
requirement and constitute the "writings" upon which Sears' purchase money security interest is
based.
·
13. The 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).
14. As set forth in the Agreement, 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. On July 6, 2001 the Defendant filed a Petition under Chapter 7 of the Bankruptcy
Code with the U.S. Bankruptcy Court, Middle District of Pennsylvania to no. 00-02948RJW.
16. On October 11,2000 the Defendant received a discharge extinguishing her "personal
liability" to pay certain debts, including the debt owed to Sears. 11 U.S.C. Section 524(c).
17. The discharge of the underlying indebtedness has no legal effect on the enforceability
of the security interests in the Merchandise. See Johnson vs. Home State Bank, 501 U.S. 78, 84
(1992); .
,811 F.2d 186 (3rd Cir. 1987).
18. Pursuant to the purchase money security interests in the Merchandise, Sears is entitled
to possession of such Merchandise.
19. Upon information and belief, Defendant is in possession of the Merchandise.
20. 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 "A".
Dated. t~\,~t& Respectfully submitted,
LEISA TCH PHILLIPS, P.C.
By:
~ J. Philli stf~s4uire~7~
I.D. No. 39260
2201 Ridgewood Road, Suite 400
Wyomissing, PA 19610
(610) 372-8427
Attorney for Sears, Roebuck and Co.
~VERIFICATION
I, Carmen Pina Gay, state and aver that I am the Bankruptcy Process 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 her
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: SEARS, ROEBUCK AN~
By: .
EXHIBIT "A"
Ite_~.~_m Purchase Dat_e Purchase Price
Dish washer 12/29/98 $ 269.99
Electric Range 12/29/98 $399.60
Freezer ! 1/10/99 $299.99
EXHIBIT "B"
Credit Card Slips
TIME. 05'24PM '
·
SEARS
CAMP HILL, PA 02624
RETAIN FOR COMPARISON WITH MONTHLY
STATEMENT OR FOR RETURN OR EXCHANGE
SA L ESCHECK
026240466314
DELIVER TO. CUSTOMER
CUSTOMER. PATRICIA KEYS
DELIV. DATE. 01/16/99
DELIV INSTR.
mmmmmmmmmmmmmmmmmmmmmmmmmm mmmm mm
DELIVER WITH REFRIGERATOR ~ .......... ___
TRAN# PG/STORE REG# ASSOC#
6314 99 02624 046 1305
MERCHANDISE ORDERED
CENTRAL DELIVERY
22 92495 ELEC RANGE SAL 444.00T
ORDERED
SETUP AND LEVEL ·
SALE CREDIT 10% 44.40T- PURCHASED BY ....................
22 49692 RG CRD 3 W MDS 16.99T
CORD/CONNECTOR ORDERED CALL FOR INFORMATION.
DELIVERY (800) 732-7747
22 15651 DISHWASHER SAL 299.99T PARTS
ORDERED (800) 366-7278
SETUP AND LEVEL INSTALLATION (000)000-0000
SALE CREDIT 10% 30.00T- SERVICE (800)469-4663
DELIVERY FEE .OOT SATISFACTION GUARANTEED
SUBTOTAL 686.58 OR YOUR MONEY BACK
TAX 06.000% 41.20
CARD TYPE. SEARS ACCOUNT
ACCT #. W0554656448103/000/000
DELAYED DATE. 06/30/99
DELAY REASON. PROMOTIONAL
12/29/98 DELAYED TOTAL 727.78
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.
$727.78
E~XI-IIBIT "C"
Sears National Bank Account and Security Agreement
' ~ SEARS NATIONAL BANK
.,:o';',,"- SEARS CARD
~ACCOUNT AND SECURITY AGREEMENT
RETAIL INSTALLMENT CONTRACT
AND SECURITY AGREEMENT (CT)
RETAIL INSTALLMENT CREDIT AGREEMENT (NY)
1. DEFINITIONS. In the agreement, "SNB" means Sears National Bank
or any subsequent holder of my account or any balances arising
under m.y. account and "i," "me," "my." refers to all persons named on
the credit application or acceptance'certificate, as an accountholder.
SNB is a wholly-owned subsidiary of Sears, Financial Holding
Company (SFHC). SFHC is a wholly-owned subsidiary of Sears,
Roebuck and Co.
2. A¢¢EPIA~OE AND LIABILITY. lam responsible for all amounts
owed on my account, i agree to repay all amounts owed on my
a,c, co.u. nt ac, cording to the te..rm.s.of this agreement. This agreement is
e]'fec~ve when any accountlqoider or authorized user either uses the
account, activates the card, or takes any other action which indicates
acceptance of the account or card
3. OPTION. TO PAY IN FULL EACH ~ONTH:, GRACE PERIOD. I have
the r~ght each month to pay the total New Balance on my account. If
ldo so within 30 days (28 days for February statements of my billing
date, no Finance Charge willbe added for that month. "he due date
will be shown on my_ monthly statement. The total ba ance on my
billing date will be called the New Balance ,on, my month,v statement.
4. OPT[ON TO PAY IN INSTALLMENTS. if~ao not pay t~e total bal-
ance in full each month, i agree to pay at least the m~n~mum payment
within 30 days (28 da~_s for Februarg statements of my billing date.
5. ACCOUNT CHARGES SUBJECT TO APPROVi L. This agreement
and all charges on the account are subject to S'qB's approval. The
agreement will be 'considered approved when S XlB provides notice
of approval to me. SNB will not be liable to me SNB is unable to
authorize a transaction on my account, even if I have sufficient avail-
able credit, due to a malfunction in SNB's author, zation system.
6. AUTHORIZED AND UNAUTHORIZED USE.
(a) Purchases. I may authorize or permit others to makeaPlUrchases
and use the account. I agree that this Agreement controls I charges
made by those ~ersons that ! am responsible for ali purchases and
charges made y thos~, persons and I agree to pay all such pur-
,
10480BR0 1/98 ~)
chases and charges. I authorize SNB to act at the request' of those
persons and I wil[not hold SNB responsible or liable for such action.
(b) Authorized Users. Any person whom I have designated as an
authoriz, ed u,s.e,r ("authorized user") as provided below may use the
accoun~ ano ~a~e any action with respect to the account that l could
take. i may make th~s designation by_ notifying SNB of such autho-
rized user(s) by contacting the number written below or providing
written notice at the address written below. In making this designation,
I request that a credit card be issued to the authorized user and l
, understand and agree that (a)this agreement controls all charges
made on the account by the person(s) ~tesignated by me as an autho-
rized user and I understand that i am responsible for ali purchases and
charges made by authorized users and I agree, to pay all such
charges, (b) SNB may disclose information about the account to the
persons I designate as an authorized user of the account and (c) by
making such designation, I appoint any authorized user to be my
agent for purposes of dealing with the account in the same manner as
I can, and SNB may, without any liability, accept the directions or
requests of any person designated as an authorized user of the
account and SNB may ac.t upon such directions or requests, including
to process requests to raise the credit limit applicable to the account.
I may add, terminate or change authorized users of the account by
callia~ 1-800-347-8480 or by providin[ written notice to SNB at
Box 555, Columbus, OH 43216. If I lerminate this authority, I will
attempt to retrieve the credit card fron the person designated, per-
mitteo or authorized to use the accoun and have the car~l destroyed.
(c) Unauthorized Use. If l be eve or c aim that any charges on the
account are unauthorized, i a Iree to notify SNB immediately at the
address indicated on my men hly statement, upon discovery and to
cooperate with SNB in making a reasonable investigation of my
claim. Unaut.horiz, ed use. does not include use by an authorized user
or a person ~o whom I nave [:iven the credit card or authority, per-
mission or designation to use the account, including without limita-
tion anyone I have designated as an ~authorized user pursuant to the
previous paragraph, and I wil remain liable for any and all use by
such Dersons.
7. CONSUMER ACCOUNT. I agree to use this.account only for per-
sonal, family or household_purposes and all transactions will be
deemed to be for personal, family or household purposes. .
8. CREBIT 1.1~11. SNB will disclose my credit limit to me when the
account is opened and on each monthly statement, and may
increase or decrease my credit limit from time to time. I agree not to
exceed the credit limit established by SNB. i understand and agree
that my credit limit can be increased or decreased at the request of a
,
' designated authorized user. SNB is not obligated to but may, in its dis-
cretion, authorize purchases that exceed my credit limit f, om time to
time. I agree to pay such charges and if requested by SNB to pay
mounts in excess of my credit limit immediately. I agree that I am
a . ade on m account whether up to or
responsible for all charcjes m Y · .
exceeding .my credit limit and regardless of whether my credit I~m~t
has been ~ncreased, including at my request, at the request of an
authorized buyer or a de. signated authorized user, or without request.
9. SECURITY INTEREST, SNB WILL TAKE A SECURITY INTEREST
IN ALL PURCHASES. I grant SNB a security interest under the
Uniform Commercial Code in each item of merchandise purchased
, from Sears, Roebuck and Co., its affiliates and licensees, to the
extent permitted by law, to secure only the purchase price of that
item of merchandise, ill do not make payments as agreed, the secu-
rity interest allows SNB to repossess only the merchandise which
has not been paid for in full. lam resp_onsible for any loss or damage
'to the merchandise until the price is fully paid.
10. APP,LIOATION OF PAYMENTS. For thepurposes of determining
SNB s security interest, payments receivedwill be deemed to apply
first to pay any unpaid insurance, returned payment charges or
FinanceCharge(s), and then to pay for the pu.rcl~aSes on !he acco, u.nt
in the order in which they were made, and then to pay for any ~a~e
charges. If more than one item is charqed to my account on the same
date, my payment will apply first to the lowest priced item(s),or as
re uiredby ~aw. '
11. G~VERNING LAW. This agreement and my account will be gov-
erned by and interpreted in accordance with the laws of the State of
Arizona'~nd the United States, regardless of where I live or where I
use my ~ccount, except that the laws of my state of residence will
apply-to the security interest granted herein. This agreement is
entered into in Arizona and ali credit under the agreement will be
extended from Arizona. A!! the terms and conditions of this agree-
ment (including the change of te.rms prov sion, or governing law pro-
vision and the finance charge, ~ate payr~ent charge, returned pay-
ment charge) are deemed to be interest and mater~al to the determi-
nation of tl~e finance charge. This agreement is governed by Arizona
Revised Statutes 44-1205-(C), (D) and (E) as amended. If any term
or provision of this agreement is found to 3e unenforceable, it will not
make any other term or provision unen:orceable. Accountholders
' with foreign or APO/FPO addresses wil be deemed to be residents
of the state of Arizona. In CA, to the exte[ t applicable, the provisions
of the Unruh Act, Cal. Civ. Code §1801 et. seq., shall apply. In NY to
the extent applicable, the provisions of the Retail Installment Sales
Act, N.Y. Personal F[operty Law §401 et. seq., shall apply.
3
12. MINIMUM PAYMENTS. The scheduled monthly payment is based
on the current New Balance on the account. The scheduled monthly
payment will increase and decrease along with the balance. The min-
imum payment each month will equal tl~e scheduled monthly pay-_
merit plus.any past due amounts appearing on my statement. I
understand that the required .minimum payment shown due on my
monthly statement may vary from the scheduled monthly payment
descrilsed below.
When the current New Balance is' The Scheduled Monthly
Payment will be'
$ .01 to $ 10.00 The Balance
10.01 to250.00 $10.00
250.01 to 300.00 11.00
300.01 to 350.00 12.00
350.01 to 410.00 13.00
410.01 to 470.00 14.00
470.01 to 550.00 15.00
550.01 to 605.00 16.00
605.01 to 660.00 17.00
660.01 to 720.00 18.00
720.01 to 780.00 19.00
780.01 to 840.00 20.00
Over 840.00- · 1/42nd of the Current New
, Balance rounded to the next
higher whole dollar amount
I can always pay more than the required minimum payment.
13. PAYMENTS. All payments made by. mail should be made by nego-
tiable instruments drawn on federally or state chartered U.S. f!nan-
cial institutions. Payments received at the payment processing loca-
tion specified on my monthly statement by 1:00 p.. m. local time, on a
business da~, w!!l be posted as of the date ol receipt. Payme.nts
received at that location after 1:00 p_.m. local time will be posted to
my account the next business day. The business days of SNB are
Monday. through Friday, excluding federal holidays. Payments
received at. any other location may 5e delayed in posting up to five
days. Any con:ditiona_l check, money order or any other instrument
tendered as full satisfaction of a disputed debt or containing a restric-
tive endorsement must be sent to SNB's address for b~ling error
notices, shown on the front of the monthly statement.
14. DEFERRED PAY~£NT, DELA¥£D BILLIRG OPTIONS. Deferred
Payment Option. Under the Deferred Payment Option when offered,
,
4
I may purchase and charge selected merchandise or services to my
account and I will not have to make monthly payments on these ser-
vices or merchandise for a specified period of time; however, I will
have to pay regular Finance Charges on those purchases during the
period of th.e .deferral..
Delayed B~ll~ng Option. Under the Delayed Billing Option_ when
offered, purchases of merchandise or services will not be billed to my
account until the end of the delayed billing period. No finance
charges will accrue and no minimum payment will be due on the
amount of my delayed b!lling purchase until the end of the promo-
tional period. If I elect this option when offered, SNB will not be
requ_ired to give me advance notice before resuming or starting to bill
me for regular monthly payments or Finance Charges.
15. FINANCE CH. ARGES. If ldo not pay the New. Balance in. full. by the
due date, a F~nance Charge will be added to th.e account for the cur-
rent monthly billin(:jperiod. There will be no F.~nance Charge if the
~ew Balance_is pa~d in full eac.h month. The F~nance Charge will be
the greater of: the minimum F~nance Charge, or an amount deter-
mined by multiplying the Daily Periodic Rate of .0576% (corre-
sponding ANNUAL PERCEN'i'AG£ RAIE of 21%) by the Daily
B.alances (including new purchases) and adding together any such
F~nance Charges-for each day in the bi!ling per~od.-For residents of
PR: The daily_ periodic rate ~s .0559% (corresponding ANNUAL
PERCENTAGE RATE of 20.4%). _
16. ~INilVIU~ FINANCE CHARGE. There will be a minimum Finance
Charge of $.50 for each billing period in which a Finance Charge is
payalsle.
17. HOW TO DETERMINE THE DAILY BALANCES. To determine each
day's Daily Balance SNB will take the .beginning balance on the
account each day (including any_ unpaid F~nance Charges--except in
PR), add any new purchases, late payment charges, returned pay-
ment charges and ~nsurance charges, if any, and subtract any pay-
ments and credits.
18. NO ANNUAL FEE.
19. LATE.PAYMENT CHARGE. If I fail to pay any required minimum pay-
ment by its due date, SNB may charge and lagree to pay a !ate
ment charge of $20 if my balance is $50 or more, or $~0 il my pba~
ance is less than $50.
20. RETURNED PAYMENT CHARGE. if I make a payment that is
returned unpaid for any reason, SNB may charge and I agree to pay
a returned payment charge of $15.00. At its option, SNB will assess
,
· 5
this charge the first time my payment is not honored, even if it is paid . .
upon resubm, ission.
'21. ATTORNEY $ FEES. Upon my default, SNB may charge me rea-
sonable attorne, y's fees, collection. co.s,ts (in, cludi.ng e.xpen, ses
incurred in 'reali~.~ng on a security interest), and cour~ costs where
permitted by law in the state where I reside. Unless limited by law,
reasonable attorney's fees will be considered to be 35% of the out-
standing balance on my account when it is referred to an attorney for
collection. In the fo!lowing states, attorney's fees may not exceed:
CO and OK: 15% of the unpaid debt, LA: 25% of the unpaid debt. In
AL, SNB may charge reasonable attorney's fees when the unpaid
balance exceeds $300.00.
22. PHONE CALLS. SNB may call me by telephone regarding this
account, agree that SNB may place such phone calls using an auto-
matic dialing-announcing device. SNB's managers may listen to and
record pt'one conversations between SNB's associates and me for
trainin~p ~r~oses or to evaluate the quality of SNB's service
23. CREDIT NVESTIGATION AND DISCLOSURE OF INFORMATION.
SNB has the right to investigate my credit, employment and income
records, to verBy my credit references, to report the way ! pay the
accouni to credit bureaus and other interested parties. I understand
that a consurrer repOt~ePrepare, d by a consumer reporting agency
may be obta ned at time I aPh~,lrYe for my account and, if my
account is ap3roved, at any time t after. I have the right at any
time to ask S',lB whether a report was obtained and, if so, to have
SNB furnish n e with the name and address of the consumer report-
ing agency that prepared the report. If I fail to fulfill the terms of this
agreement, a negative report reflecting on my credit record may be
submitted to a credit reporting agency, i may_ notify SNB_ by tele-
phon.e at 1-800-347-8480, ill believe SNB has reported inaccu-
rate ~nformation regarding my account to a credit reporting
a!:iency.
24. IIqFOR~AIION SHARING / FAIR CREDIT REPORTING ACI. SNB
and its affiliates, including Sears, may share information about me '
(includin. g information_ obtained from credit reporting agencies)
among themselves and with companies doing, business fo.r SNB or its
affiliates. After Sept. 21t, 1997, I may prohibit that sharing of such
information (except for the sharing of information about trans-
actions or experiences between SNB or its affiliates and me) by
contactin§ S~B at 1-800-347-8480 and making a request.
6
25; EVENTS OF DEFAULT. I will be in default of this agreement if any
one of the fo lowing events occurs: (a) I do not make the required
minimum pay. ~'~ent on the account by' the payment due date; (b) I pro-
vide SNB w~th. any false .or misleading information or signatures on
the credit application, sales tickets or other documents and instru-
ments; or (c)/file or someone else files on my. behalf a petition under
the federal bankruptcy, code or any state insolvency statute; (d) SNB
receives inlor, mation .that I am unwilling or unable to perform the
terms or conditions of this agreement; (e) SNB receives information
from third parties, includingcredit reporting agencies, which indicate
a serious delinquency or charge-off against me with other creditors;
or (f) I become the subject of attachment, foreclosure, repossession,
lien, judgment or garnishment proceedings.
26. ENFORCE~EN'[.If I default, SNB may (subject to applicable laws)
terminate or suspend my credit privi[eces under this ag.reement;
change the terms of my account and thi~; agreement; require me to
pay my entire account balance including .ali accrued but unpaid
charges immediately; and sue me for what I owe.
27. FAIEURE TO ENFORCE IS NOT A WAIVER.Any failure or delay by
SNB in en!orcing strict performance of.this agreement, including, but
not limited to, acce )ting late.or partial p.ayments, shall not be con-
sidered a waiver o' any of the terms of this agreement or any of
SNB's r .clhts.
28. WAIVE ~I OF LIEN ON DWELLING.SNB gives up a~y right to retain
or acqu re any lien which SNB might be automatical entitled to by
law on rr y.principal dwelling. This does not apply to a ~ien created by
a cou,rtj d ment.
29. SNB S :I~~EBIES !~ EVENT OF BEFAUI..I. If I default in m
obligatiors under this agreement, SNB ma utilize any and a~
remedies to which it is entitled by law; SN[ may also refer my
account to a collection agency or attorney.
30. CHANGE OF TERMS - CANCELLATION.As permitted by law, SNB
has the right to change any term or part of this agreement, including
the rate of Finance Charge', applicable to current and future baF
ances. SNB will send me a written notice of any such ct' anges when
required by !aw. SNB also has the right to cancel this a~. reement as
it relates to fu!ure PUrchases or other charges at any tim ~. i agree to
return all creOit carOs to S~B upon notico of such cance lation.
31. CHANGE OF RESIDENCE. If i change my residence, will inform
SNB.
7
NMENT OFACCOUNT -PROTECTION OF BUYER'S
32. ASSIG . ' or amount owed
TS.I understand th~s account or any,~,nter..e.s,t... . .... _,
RIGH . ssi nea o ~Nu ~o anomercreu-
under th~s ac. co.unt may.b_e sold or a g Y tice below, which is
itor without lurther not~ce to me. If so, the no
required by Federal law, is intended to p!otect any claim or right I
have against SNB and such holder or assignee.
33 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT
'CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT
AGAINST THE SELLER OF THE GOODS OR SERVICES
OBTAINED PURSUANT HERETO OR WITH THE PRO-
CEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
LIABILITY FOR UNAUTHORIZED USE.I may be liable for the unau-
34. thorized use of my account. I_will not be liable for unauthorized use
that occurs al!er I not!fy SNB of the loss, theft or possible unauthorized
use. I must i.ve notification immediately upon discovery of the loss,
theft or poss~le unauthorized use by calling SNB or writing SNB at the
address indicated on my periodic statement. My liability ~or unautho-
rized use of my account will not exceed $50.
35. NOTICES TO BUYERS: 1. DO NOT SIGN THIS AGREE-
MENT BEFORE YOU READ IT OR IF IT CONTAINS ANY
BLA[,IK SPACES. 2, YOU ARE ENTITLED TO AN EXACT
COPY OF THE AGREEMENT YOU SIGN. 3. YOU HAVE
THE RIGHT TO PAY IN ADVANCE THE FULL AMOUNT
DUE. 4. KEEP THIS AGREEMENT TO PROTECT YOUR
LEGAL RIGHTS.
36. CA--A TRANSLATION OF THIS AGREEMENT IN THE SPANISH
LANGUAGE IS AVAILABLE UPON REQUEST. UNATRADUCClON
DE ESTE CONVENIO EN EL LENGUAJE ESPANOL ESTA A SU
DISPOSICION SI LA SOLICITA.
37 CT--UNDER THE LAW, YOU HAVE THE FOLLOWING RIGHTS,
· TO REDEEM THE PROPERTY IF REPOS-
AMONG OTHERS: (A)
SESSED FOR A DEFAULT; (B)TO REQUIRE, UNDER CERTAIN
CONDITIONS, A RESALE OF THE PROPERTY IF REPOSESSED.
.SEARS NATIONAL BANK, TEMPE, AZ 85282
I HAVE RECEIVED A COPY OF THIS ACCOUNT AND SECURITY .
AGREE~E~~(¢T-REIAIL INSIALLI~ENT CONTRACT AND
'SECURITY REEIVIENT; NY-RETAIL INSTALLIVIENT CREDIT
AGREEMENT).
This notice contains imp_ortant information about your rights and our respon-
sibilities under the Fair Credit Billing Act. ' .,
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL
If you think your bill is wrong, or if you need. more information about_a trans-
action on your bill, write to us on a'separate sheet at the address listed on your
bill where it says, "Mail billing error notice to." Write as soon as possible. We
must hear from you no later than 60 days after we sent you the first bill on
which the error or pr.oblem appeared. You can telephone us, but doing so will
not preserve your rights.
In,your letter, giv. e us the following information'
· Your name and account number.
· The dollar amount of the suspected error.
· Describe the error and explain, if you ca.n, why you believe there is an error.
If you need more information, describe the item you are not sure about.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE
We must acknowledge your letter within 30 days, unless we have corrected
the error by then. Within 90 days, we must either correct the error or explain
why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amoun, t you question,
or report you as delinquent. We can continue to bill you for the amount you
question, includi.ng.finance charges, and we can apply any unpaid amount
against your credit limit. You do not have to pay any questioned amount w.hile
we are investigating, but you are still obligated to pay the parts of your bill that
are not in question.
If we find that we made a mistake on your bill, you will not have tO pay any
inance charges related to .any questioned amount. If we didn't make a mis-
take, YOu may have to.pay f~nance charges, and you will have to make up any
missed payments on the questioned amount. In either case, we will send you ,
a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we th!nk you owe, we may report you as
delinquent. However, if our explanation does not satisfy you and you write to
us within ten days telling, us that you still refuse to pay, we must tell anyone
we report you to that you have a question about your bill, and we must tel/you
the name of anyone we reported you to. We must tell anyone we report you
to that the matter has been settled between us when it finally is settled.
9
If we don't follow these rules, we can't collect the fir~;t $50 of the questioned
amount, even if 'your bill was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES
If you have a problem with the quality of property or services that you pur-
chased with a credit card, and you have tried in good faith to correct the prob-
lem with us, you may have the right not to pay the remaining amount due on
the property or services.
Al SEARS YOUR SAIISFACTION IS GUARANTEED
If you have a billing error questio, n. on a .monthly statement, we'd be hap to
hav. e you phone us. However,~~tYOU w,sh to ta..ke advantage of your r~gYhts
under the Fair Credit Billing ,_ you mus~ wr~e us on a separate sheet,
include your name, account number, dollar amount and explanation of the
suspected error and mail it to the Sears address shown on your current
monthly statement.
IMPORTANT CREDIT TERMS
You are not required to accept the account and are not required Id pay any
fee or charge unless you use the account.
Annual Percentage Rate The annual percentage rate is 21%.
Minimum Finance Charge A minimum monthly finance charge of $.50
for each month a finance charge is due.
Late Payment Fees $20.00 if my balance is $50.00 or greater,
and $10.00 if my balance is less than $50.00.
Grace Period to You have 30 days from your billing date to
Repay Balance repay your balance before being charged a
finance charge.
Balance Calculation The Average Daily Balance method (including
Method For Purchases new purchases.)
Annual Fees None
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0CT.18.1999 2:83PM SEARS LAW D£PT
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0CT.18.1999 ~'~SPM SEgRS LRW DEPT
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OCT 18 1999 15:14
OCT. 18. 1999 2' 26PM SEARS LRW DEPT MO. 238 P. 10/12
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OCT 18 1999 15: 15 PAGE. 10
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OCT 18 1999 15:16 PAGE.
0CT.18.1999 ~'ISPM SE~RS LAW DEPT .
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Section 12. FINANCE CHARGES.
(a) Your Account st~zcmcm will describe Account actlv~t7 during a Biili~ Cycle, which is a
, period of nbouc ona month ending on ~c Billing ~de Closing Date ("Billing ~ce").
' Thc A~o~c S~t~cnz will show a Minimum P~ymcnt Due Dam ~nd will h~vc a grace period
of not less that 20 da~ bc~vcca d~e Billing Dag and rite Minimum Payment Duc Date.
· ' . · You ma~ avoid addifion~ FIN~CR CHARGES By pa~ing, by ~c minimum Paym~z Duc
,. ~, :~ .,~ _.,:.'.~,,'." ~..~.,_..~.. ,.:,~,r,,,.,,...., :.,,.,..,...' ...... ;._ Date, the To~l ~count Bahnce, less any No Finance Chagc (0~ ~~ purchases t~t expire ...
..~.~.,' ;',.; · ~.~ '~:i',~-~~~..~,~.. ~ .~. ~ .~ . g~af:~ the Mi~mum Payment Due Date for that Billing C~clc. If you do no~ pay the To~l
'~i~?~'~r~r:~',~. ~.~ ~~~:,--. ~ ~~~*= Account Balanc~ FIN~CE CH~GES accrue on dl pu~ascs from thc date they
,- , included in ~hc dilly bilt~C~ until paid.
~~ (b) When ~IN~CE CHARGES ,re impased, w, c, lcuhtc FIN~CE CHARGES
sepl~t~y for pughsses subjcc~ to thc standird te~ oF this ~rccment ('IRegulsr Pur~ascs') ·
;%. and For diffcrcn~ p~ogonal purch~. When a F~~Cg CI~GE h imposcd,.~c
~~'~-~~"~ FIN~CE'0I~RGE is im~scd for cach purchas~ ~pc on ~hc A~ount by (i) ~king ~ch
i.,~"-..
· . r .. "" ' ' ~ily bah~c, (ii) multiplying ~a~ daily bslsnce by ~c appli~blc dsily periodic rotc, ~d
.' (iii) adding wgcthcr ~he resulting amounu for each day in ~c Billing Cycle. ~c to~l
FIN~CB CHARGE f~ the Bill~g Cyclc.~ &e mm of. thc F~ANCE CHARGES f~ czch
pu~c ~c, rounded w ~he n~xt highcst cent, There ~ a minimum FINANCE CHARG~
' of $050 ~ ibc Agoun~ for any Billing Cycle ia whid~ a FIN~E CHARGE h duo.
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OCT 18 1999 15:08 PAGE· 05
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(c) 'To dcmrmine ;he daily balances t'or c~ch
b=ginnin§ hal;nee for the Wp¢ o~
any unp~d FIN~CE C~GES a~rued ~rom thc p=vious ~y on cit~; ~pe o~ purchase and
deduce paym~n~ and ~cd[~ posed chac da~ m thac ~c oF pur~e. Purc~ a~ included
.. · . · .' which ~cy am posted m ~c Ac~un~ ~sumflcc cha~g~, la~ pa~cnc ~ees and returned
' " ' ~- ~' psymenc ~c~ ~c includ~ in ~e ~ily ~l~ncc
m the A~un~
(d) ~c dai~ pc~odic race for Re, hr Pu~cs
PERCenTAGE ~TE oF 21.0~). H~cr, if ac any ~e Tou ~il m pay thc ~inimum
Pa~cnc Duc by ~e Minimum ~a~mcnc Duc Dace ~or ~o co~ecu~ve BHlinB Cycle, thc
drily periodic ncc m~ be increa~d m .0~8% (coffcspondinS ~U~ PER~E~AGE
~TE o~ 24.0~) bc~nni~ wi~.~hc
make the second Minimum Paym~c Duc on time. ~b nm ~!1 congnue to be applied until
you hive paid ~c ~nimum Pa~enc Due on gme ~or ak co~ufl~ Billing Cycles. At thsc
' . time we m~ reduce ~ dally periodic race co .~76~ (coffosponding ~NUAL
PRRCENTAGR ~TE or 21.0~) (or ~e race ~h~ i~ e~e~ for Re, hr Purch~es ~ ~e
Account) bc~in~ with ~c follo~ Billin~
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OCT 18 1999 15:09 PAGE. 86
SHERIFF ' S RETURN - REGULAR
CASE NO' 2001-02034 P
COMMONWEALTH OF PENNSYLVANIA'
COUNTY OF CIIMBERLAND
SEARS ROEBUCK AND CO ET AL
VS
HOFFMAN PATRICIA
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
the
HOFFMAN PATRICIA
DEFENDANT , at 0015-47 HOURS, on the llth day of April , 200___~1
at 817 BOSLER AVE
LEMOYNE, PA 17043 by handing to
KEVIN HOFFMAN
a true and attested copy of COMPLAINT - REPLEVIN together with
NOTICE
and at the same time directing Hi__~s attention to the contents thereof.
Sheriff's Costs' So Answer,$:--~; /~
Docketing 18.00 -.~~~ ~
Service 9.92
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
37.92 04/12/2001
LEISAWIT
Sworn and Subscribed to before By'
me this ~,~'~_ day of
SEARS, ROEBUCK AND CO., : IN THE COURT OF COMMON PLEAS
IN ITS OWN CAPACITY AND AS: CUMBERLAND COUNTY, PENNSYLVANIA
SERVICING AGENT FOR SEARS : CIVIL ACTION - LAW
NATIONAL BANK, :
PLAINTIFF : NO. 01-2034-CIVIL
VS.
PATRICIA HOFFMAN, : DEFENDANT:
PRAECIPE TO END, DISCONTINUE AND SETTLE
TO THE CLERK:
Please mark the docket in the above-captioned matter as ended, discontinued and settled.
Dated: May 22, 2001 LEISAWITZ HELLER ABR~MOWITCH PHILLIPS
By'
Charles
2201 Ridgewood Road, Suite 400
Wyomissing, PA 19610
Attorney for Plaintiff
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