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Home My WebLink About00-00021 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff No. ..2DOO :zt Cr'(J~L ~ vs. COMPLAINT JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: , EDWARD G. BRANDENSTEIN, ESQ. PA LD. #73672 ROBERT S. BERNSTEIN, ESQ. PA LD. #34308 Bernstein Bernstein Krawec & Wymard, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. HOOll159 DIRECT DIAL: (412) 456-8100 1.1591004.11 "~''''''''1 . ~ ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff vs. Ci vi! Action No. ;l.fJ1rO - ;i I Ciuu I U-- JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant NOTICE AND COMPLAINT NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served upon you, 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 claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (1-800) 990-9108 11591004.H , -, . - .~ ,< ~I . ~=- COMPLAINT 1. Plaintiff is a corporation having offices in Morton Grove, Illinois. 2. Defendant is an individual engaged in business at 130 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 3, As Silver Spring Range is an unregistered fictitious name, Plaintiff brings this action pursuant to PA.R.C.P. 2128(d). 4. To induce the extension of credit, Defendant executed and delivered to Plaintiff an Application for Credit, a true and correct copy of which is attached hereto, marked Exhibit "Ill, and made a part hereof. 5. On various dates, at the specific instance and request of the Defendant, Plaintiff sold and delivered to Defendant various goods, wares, and merchandise! at the times, in the amounts, and for the prices appearing on Plaintiff's invoices, referred to in Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit 11211, and made a part hereof. 6. Plaintiff avers that Defendant received duplicates or copies of said invoices in the regular course of Plaintiff's business. 7. Defendant received and accepted the aforementioned goods, wares and merchandise. 8. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 11591004.H 11 1'- 9. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 10. Plaintiff avers that the balance due amounts to $1,745.77. 11. Plaintiff avers that the agreement between the parties provides for service charges at the rate of 1 1/2% per month. 12. Plaintiff avers that service charges amount to $261.90 from December 20, 1998 to October 28, 1999. 13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, service charges, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendants, jointly and severally, in the amount of $2,007.67, with continuing service charges thereon at the rate of 1 1/2% per month and costs. BERNSTEIN BERNSTEIN KRAWEC & WYMARD, P.C. BY: ~~_ Attorney for Plaintiff(s) 1133 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE NO. HOOl159 (412) 456-8100 11591004.H '<~1 ,. \'-"- l"OMMY ARMOUR GOLF . ,. -,' 8350 NORTH LEHIGH AVENUE MORTON GROVE, ILLINOIS 80053.2818 AREA CODE 708.966.6300 FAX:1.708.966.1355 TOLL.FR EE:1.800.742.4853 IN ILLlNOIS:1.800.742.4244 ; 1:',- ,', APPLICATION FOR CREDIT ACCOUNT PARTY RESPONSIBLE FOR ACCOUNT: .:::r; ~ fkcJle,-.. f- ATTN ~/f}C-o/' S~J1.d ~~~ ADDRESS ) () ..sa:u leV .81-;"f!~ (4Q CITY mecLzNI6.rj~_ STATE /A ADDRESS FOR PRODUCT IB"'SAME AS ABOVE INFORMATION: 0 ATTN: ., ,,"-- iC.; '1[';;'::;'. OO~\ ~\tJ G\ ~ PRO 0 CORPORATION 0 MGR. 0 PARTNERSHIP 0 OWNER............ SOLE PROPRIETORSHIP7 BUS. 7/7-766-6'63-$ PHONE HOME ZIP CODE /7C..r--r . OWNEA(Si NAME(S) ..::L1m #eZ'.K oer- SOC. SEC. NO. SPOUSE '67-40-YS.:J.d- NAME. OF BANK v/tJ f: 1 CHECKING: SAVINGS: LOANS: 5~OS~/65 -~ /70'5'5 STREET ADDRESS CITY TYPE OF FACILITY: PRIVATE COUNTRY CLUB 0 MUNICIPAl/STATE/COUNTY OWNED 0 OFF.COURSE/SPECIALlTY SHOP 0 PRIVATE - DAILY FEE 0 OTHER (DESCRIBE) . . . . >> . >> >> , >> . , . >> , >> NUMBER OF HOLES AT FACILITY Certificate of Resale exemption number Club Name "- V 5" P (IU. City No. 01 sets 01 clubs lor cleaning d storage Are your member accounts guaranteed and/o~ted by club? Do you have all pro shop concessions? - Is your inventory insured? y (--:5" Are you a member of P.G.A,? /t--' 0 RESORT 0 MILITARY 0 CLUB REPAIR ~~ DRIVING RAN~ >>>>>>>>>>>>>>>>.>> 0 Salary $ No, Months per Vear No. of Holes How long have you been at this club State Monthly Rate '?r;- Be,.e A~<)t1jCicY~ P.G.A. redit Union? PREVIOUS EMPLOYMENT From To -EXHtIDrt:-- ANTICIPATED AMOUNT OF YEARLY PURCHASES"",...."...$ s;()~ - , TERMS: NUMBER OF INVOICES REQUIRED. . . , / I AGREE TO PAY PROMPTLY FOR ALL PURCHASES MADE, WITHIN YOUR TERMS OF SALE. I AGREE TO PAY 11J2% SERVICE CHARGE (OR ::::~~~ DO YOU REQUIRE A MONTHLY STATEMENT.........,., d.9~ 100 j .1 L PURCHASE ORDER REQUIRED?..... ''='l. "=r ~ , ~~,~ , 98033 ACCOUNTS RECEIVABLE INQUIRY CUSTOMER 41826 Jim Heckert *PFC5 CREATED 03/29/95 LAST sic LAST PMT 07/25/97 CR LIMIT LAST INV 05/08/98 OPEN BAL HIGH BAL 06/l6/95 HIGH BAL FUT: .00 CUR: l20.30 l-30: LN INV DATE INV # CODE DUE DATE Ol l2/20/98 80000000 sic l2/2l/98 02 4/l4/98 68030700 I~v 7/25/98 03 5/08/98 6803070l INV 8/25/98 04 4/l5/98 68030800 INV 5/l0/98 05 4/l5/98 68030900 INV 5/l0/98 .. RCM l2/20/98 $ l,745.77 $3, on .00 3l-60: INV AMT l20.30 l,278.55 334.l2 7.94 4.86 8 sic siC siC SLSM 025 TOTAL CAL YTD ON 07/30/97 CR ST 8 328.08 l20 .30 BY VRD .00 6l-0V: l,625.47 CR AMT TOTAL BAL TRM l20.30 l,278.55 D 334.l2 D 7.94 R 4.86 R TEARDROP GOLF 8350 N. Lehigh Avenue Morton Grove, IL 60063 ~: . l-- '""""" ~ ~~~ P7""'-.;~ ","-,,"'-' ~.. Ip': ., \..}., . c\ . ...... " VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authori ties, that helshe is Credit Manager of TearDroD Gol f CompRny , Plaintiff herein, that helshe is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information .' .- and belief. ., ~/~ 7~ (Sign in Blue Ink) '.~ ~I' C\J-,,'-:._ !-,__ " I I I ~ I I I ~ . , CD f-'I "'i ~,-~I,~C '1'-.,~,-_G-'-Ui-r,;..)I=:',. . ()r !' ~-(;,-~..!e !\\) [J\RY to'.' I.~'~~"'-) f'\';1,,/:0! . ;,' J I., t. -. ,- '.~', ' \./,-"',-,/" i . L~: ,_, rfV IA r-...-'" 'P "tV . ~ L,) C .{'.60 - S'df- - $.LJs r;- 0 () cL 4J./-r CL.,eL 7t.t.S r R:I:L [>9 t-3P I , SHERIFF'S RETURN - REGULAR -, CASE NO: 2000-00021 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOMMY ARMOUR GOLF VS HECKERT JAMES F ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon HECKERT JAMES F the DEFENDANT , at 0014:49 HOURS, on the 6th day of January ,2000 at 5494 BEAR CREEK DRIVE MECHANICSBURG, PA 17055 by handing to ANNE MARIE HECKERT (CUSTOMER SERVICE) a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 c~~,~~~ R. homas Kline 01/07/2000 BERNSTEIN, <. SWOrn and Subscribed to before By: me this /-oY day of J..J-"AJ ~ A.D. 0~.- (2 /J4.€q.~ ~ rothonotary I '""'1!iI _I 'r~ ",~ ~> . .~ t SHERIFF'S RETURN - REGULAR CASE NO: 2000-00021 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOMMY ARMOUR GOLF VS HECKERT JAMES F ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon HECKERT JAMES AS PARTNER TDBA SILVER SPRING RANGE the DEFENDANT , at 0014:49 HOURS, on the 6th day of January 2000 at 5494 BEAR CREEK DRIVE MECHANICSBURG, PA 17055 by handing to ANNE MARIE HECKERT (CUSTOMER SERVICE) a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r;U:~~~ R. Thomas Kline 01/07/2000 BERNSTEIN, Sworn and Subscribed to before By: me this /J- day of , l,~d::A-4-r ,/- 07TU A. D . 0'1'" () 'hr,'€. .~ Prothonotary .'1- 'r i' " : - ~ ,', ,I (! :i , - TOMMY ARMOUR GOLF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-21 JAMES F. HECKERT, Individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 1. The same is therefore denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation, Defendant is wi thout knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 5. The same is therefore denied. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 6. The same is therefore denied. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 7. The same is therefore denied. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 8. The same is therefore denied. . -~ - - " .... -..,... 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 9. The same is therefore denied. 10. Denied. are owing. ll. Admitted. 12. Denied. are owing. 13. Denied. Defendant has paid to Plaintiff all amounts which Defendant has paid to Plaintiff all amounts which Defendant has paid to Plaintiff all amounts which are owing. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed. YaFFE & YaFFE, P.C. ;#z ~d:"QU'" Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 heckert\answer '~l _~,~ ,\ -....- TOMMY ARMOUR GOLF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-21 JAMES F. HECKERT, Individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant CIVIL ACTION - LAW VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !l4904 relating to unsworn falsification to authorities. Dated: heckert\answer ~-)jn TOMMY ARMOUR GOLF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-21 JAMES F. HECKERT, Individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing answer on the following individual by depositing the same in the United States Mail, First Class, Postage prepaid and addressed as follows: Bernstein Bernstein Krawec & Wymard, P.C. Attn: Edward G. Brandenstein, Esq. 1133 Penn Avenue Pittsburgh, PA 15222 YOFFE & YOFFE, P.C. Date: February 14, 2000 By!rb; /J7 Ji ~EFF N. YOF~E, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 heckert\certificate of service "'''''1f'! "1 _. FiL.H)-OfFiCE OF T).i:: ~--:-~'<:'r'i':I>iOTL\RY I I I I I I . , . . 00 FfG I 4 iLl II: 2 ! C~H''''';'--'' ,"'--', "--~-I~'''''Y U'''./~:-''''''>--<I ;';I"'Li \ .1 :; '''[,' I, h...,,-, ',j \. , '_~...... ,">1 '; PENr~SYLVAi\jiA I '" .\ f, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff (s) No. 2000-21 vs. PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnerhsip, Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: -i JOSEPH J. BERNSTEIN, ESQ. PA LD #11089 ROBERT S. BERNSTEIN, ESQ. PA LD. #34308 Bernstein Bernstein and Krawec, P.C. Firm #718 1133 Penn Avenue pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. 80011159 DIRECT DIAL: (412) 456-8118 1159091Z.H l'I'!O-~_""1 ~" ~ 0 ^"' < . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff vs. Civil Action No. 2000-21 JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS 'I: I"~ ;11 "I ;1 j ,I~ ,I' ::i ;11 ;ii :1 :i! ;]1 AND NOW comes, Plaintiff, Tommy Armour Golf, by his undersigned counsel, Joseph J. Bernstein, Esquire, and the law firm of Bernstein Bernstein Krawec & Wymard, P.C., and respectfully moves this Court pursuant to Pa.R.C.P. 1034 for Judgment on the Pleadings as follows: :i: I~ ',: :::; 'I ,I :1 ]1 1. Plaintiff commenced this action against Defendant James F. Heckert, individually and as a partner trading and doing business as Silver Spring Range, seeking to recOVer monies due Plaintiff for merchandise sold to the Defendant in ~997 and 2998, as set forth in Plaintiff's Complaint, a true and correct copy of which is attached :i :'1 '::i ij ;,j ! hereto as Exhibit "All. 2 . Defendant filed his Answer, a true and correct copy of which is attached hereto a.s Exhibit liB". 11590912.H '-"~n,,""'1 ">', 3. Defendant's general denial of the allegations of paragraphs 5, 6, 7, B,and 9 of the Complaint are improper under Pa.R.C.P. No. 1029(c), and constitutes an admission of the allegations inasmuch as it is clear that Defendant must know whether the allegations are true or false. Cercone v. Cercone, 254 Pa.Super. 381 (1978). 4. There are no genuine issues of material fact to be tried. i I Ii Ii Ii Ii II I! '1 l.! I: II 'I I' .1 " 'i I Ii I' n !i ,:1 iJ !'i i I:, T Ii , 5. Plaintiff is entitled to judgment as a matter of law on the pleadings. WHEREFORE, Plaintiff Tommy Armour Golf, respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant James F. Heckert in the amount of $2,007.67 with continuing service charges thereon at the rate of 1 1/2~ per month and costs. Respectfully submitted, "".,it /1.- J J..tJa::J , & WYMARD, P.C. " i;i " !.:I I' !'I il I nstein, Esquire Attorney f Plaintiff 1133 Penn Avenue Pittsburgh, PA 15222 DIRECT DIAL NO. (412) 456-8118 PA ID NO. 11089 11590912.H .''''''i',,:: .. t\lt Cn?~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff No. vs. COMPLAINT JAMES F. HECKERT individually and a~ a partner trading and doing business as SILVER SPRING RANGE, a pos~ible partnership, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: EDWARD G. BRANDENSTEIN, ESQ. PA LD. #73672 ROBERT S. BERNSTEIN, ESQ. PA LD. #34308 Bernstein Bernstein Krawec & Wymard, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. H0011l59 DIRECT DIAL: (412) 456-8100 11591004.H EXHIBIT.t1~ . 1 PA0€'S --"''NO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff vs. Civil Action No. JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant NOTICE AND COMPLAINT NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served upon you, 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 claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 Two Liberty Avenue Carlisle, Pennsylvania ~7013 (717) 249-3166 (1-800) 990-9108 1159:t004.H ~,""""",,'- " .. COMPLAINT 1. Plaintiff is a corporation having offices in Morton Grove, Illinois. 2. Defendant is an individual engaged in business at 130 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. AS Silver spring Range is an unregistered fictitious name, Plaintiff brings this action pursuant to PA.R.C.P. 2128 (d) . 4. To induce the extension of credit, Defendant executed and delivered to Plaintiff an Application for Credit, a true and correct copy of which is attached hereto, marked Exhibit "1", and made a part hereof. S. On various dates, at the specific instance and request of the Defendant, Plaintiff sold and delivered to Defendant various goods, wares, and merchandise, at the times, in the amounts, and for the prices appearing on Plaintiff's invoices, referred to in Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "2", and made a part hereof. 6. Plaintiff avers that Defendant received duplicates or copies of said invoices in the regular course of Plaintiff's business. 7. Defendant received and accepted the aforementioned goods, wares and merchandise. 8. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 11591004.H --'"'' . .'1 9. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 10. Plaintiff avers that the balance due amounts to $1,745.77. 11. Plaintiff avers that the agreement between the parties provides for service charges at the rate of 1 1/2% per month. 12. Plaintiff avers that service charges amount to $261.90 from December 20, 1998 to October 28, 1999. 13 . Al though repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, service charges, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendants, jointly and severally, in the amount of $2,007.67, with continuing service charges thereon at the rate of 1 1/2% per month and costs. BERNSTEIN BERNSTEIN KRAWEC & WYMARD, P.C. BY: ~~(:_ Attorney for Plaintiff(s) ~1.33 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE NO. HOOl159 (412) 456-8100 11S91004.H '~, ~'" .\'- l~OMMY ARMOUR GOLF !_; 8350 NORTH LEHIGH AVENUE MORTON GROVE, ILLINOIS 60053-2616 AREA CODE 708-966-6300 FAX:1- 708-966-1355 TOLL-FREE:1-800-742-4653 IN ILLlNOIS:1-800-742-4244 "1/1; APPLICATION FOR CREDIT ACCOUNT PARTY RESPONSIBLE FQ.R ACCOUNT: ~ ~ HecJl.e". f- ATTN ~/IJC~ S~/~ ~~'- ADDRESS j. () ..sQ~ Ie /3,..; ~ M CITY mec!..aiVl6.rh'(f, STATE fJ,lI ADDRESS FOR PRODUCT L2""SAME AS ABOVE INFORMATION: 0 ATIN: I;::'\J:";'';;\):'- 00 ~ \ ~. tY\ C\ PRO 0 CORPORATION 0 MGR 0 PARTNERSHIP 0 OWNER ~ SOLE PROPRIETORSHIP~ BUS. 7/7 -7t~-66S'..s PHONE HOME ZIP CODE / 7C.J-~ . QWNEA(S) NAME(S) RESIDENCE SOC. SEC. NO. SPOUSE ..::17m ~e:'r- '67-?/"O-.yS.::Jd,.. i9-11 CHECKING: S~ OSOO/6S \' SAVINGS: /705'5 lOANS: STREET ADDRESS CITY TYPE OF FACILITY: PRIVATE COUNTRY CLUB 0 MUNICIPAL/STATE/COUNTY OWNED 0 OFF.COURSE/SPECIALlTY SHOP 0 PRIVATE - DAILY FEE 0 OTHER (DESCRIBE) . . . . . . >> , . . , >> . . . . >> >> . . NUMBER OF HOLES AT FACILITY Certificate of Resale exemption number Club Name LV 5"17 (~ City No. of sets of clubs for.cleaning d storage Are your member accounts guaranteed andIO~i1ected by club? Do you have ail pro shop concessions? ~ Is your inventory insured? y (-3 Are you a member of P.G.A.? t..' '0 . / RESORT 0 MILITARY 0 CLUB REPAIR~:>-Q.. DRIVING AAN~ >>>>>>>>>>>>>>>>.0 Salary $ No. Months per Year No. of Holes How long have you been at this club Zone W S/11-6S T19: /30 S; ~& &~ State Monthly Rate A~ <)~<6'&""~ P.G.A. redit Union? PREVIOUS EMPLOYMENT From To tXH I BItt:- ANTlClPATEO AMOUNT OF YEARLY PURCHASES."......".. ,$ NUMBER OF INVOICES REQUIRED. , . . -S;()<llCl - , / TERMS: I AGREE TO PAY PROMPTLV FOR ALL PURCHASES MADE, WITHIN YOUR TERMS OF SALE.l AGREE TO PAY 1 1/2% SERVICE CHARGE (OR MAXIMUM ALLOWABLE E) ON ALL PAST DUE BALANCES. DO YOU REQUIRE A L/ 0 J ') MONTHLY STATEMENT.>>..>>..... ~ PURCHASE ORDER REQUIRED?".... 'AJ () , ./ L SIGNED ""fif!-_'~l_'" ,,". ..~ - 98033 ACCOUNTS RECEIVABLE INQUIRY CUSTOMER 41826 Jim Heckert *PFC5 CREATED 03/29/95 LAST siC LAST PMT 07/25/97 CR LIMIT LAST INV 05/08/98 OPEN BAL HIGH BAL 06/16/95 HIGH BAL FUT: .00 CUR: 120.301-30: LN INV DATE INV # CODE DUE DATE 01 12/20/98 80000000 sic 12/21/98 02 4/14/98 68030700 INv 7/25/98 03 5/08/98 68030701 INV 8/25/98 04 4/15/98 68030800 INV 5/10/98 05 4/15/98 68030900 INV 5/10/98 RCM 12/20/98 $ 1,745.77 $3,091 .00 31-60: INV AMT 120.30 1,278.55 334.12 7.94 4.86 8 sic sic sic SLSM 025 TOTAL CAL YTD ON 07/30/97 CR ST 8 328.08 120.30 BY VRD .00 61-0V: 1,625.47 CR AMT TOTAL BAL TRM 120.30 1,278.55 D 334.12 D 7.94 R 4.86 R TEARDROP GOLF 8350 N. Lehigh Avenue Morton Grove, IL 60063 ~: . ...... ~ r?'1, bRio"'::' 1Il!'i;-,..:? P7'-:;" r~.' ~.~-'" t.:~ C'\ ...... VERIFICATION The undersigned does hereby verify subject to the penalties of ~8 Pa. C.S. .4904 relating to unsworn falsification to authori eies, that he/she is Credit Manager of TearDroo Gol f r.omp~-ny I Plaineiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information .- and belief. ., ~/~ (Sign in Blue Ink) '>~- FEe 1 6 2000 . Certified As A True Copy Of Original Document Filed J /!/ '/ TOMMY ARMOUR GOLF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-21 JAMES F. HECKERT, Individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant CIVIL ACTION - LAW , 0 0 c: ~.;: c') -'f-! -c r -" :":-1 n r. '':';:1 ~::' :;;;.: ,. , Ul .. , - ..- c :::~ Co, , -' .. --; ~:-: c ) () Ii , .;.. c: ~-:: , , --, r~) ~J .~< -< DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 1. The same is therefore denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 5. The same is therefore denied. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 6. The same is therefore denied. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 7. The same is therefore denied. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 8. The same is therefore denied. EXHIBIT. ~: . if PA6[S "',,,,,, ~ 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiff's Paragraph 9. The same is therefore denied. 10. Denied. Defendant has paid to Plaintiff all amounts which are owing. 11. Admitted. 12. Denied. Defendant has paid to Plaintiff all amounts which are owing. 13. Denied. Defendant has paid to Plaintiff all amounts which are owing. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed. YOFFE & YOFFE, P.C. By N~ /J7 .~ ~F R N. YOFfE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 heckert\answer ~, , , . TOMMY ARMOUR GOLF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-21 JAMES F. HECKERT, Individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant CIVIL ACTION 7 LAW VERIFICATION I hereby state chat I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Dated: ~Je'-:::~Lt \ .itr.~;'''''",": 'l~""'~ ",t . TOMMY ARMOUR GOLF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-21 JAMES F. HECKERT, Individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing answer on the following individual by depositing the same in the United States Mail, First Class, Postage prepaid and addressed as follows: Bernstein Bernstein Krawec & Wymard, P.C. Attn: Edward G. Brandenstein, Esq. 1133 Penn Avenue Pittsburgh, PA 15222 YOFFE & YOFFE, P.C. Date: February 14, 2000 BY~/J7,?!i c;rrE FR N. YcrFFE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 heckert\certificate of service '4~l!. . . ,I :1 II 'I II '.1 :,i "~I ::1 ., " ,,' i:i :;1 ~j -t!ffl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff vs. Civil Action No. 2000-21 JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership, Defendant ORDER OF COURT AND NOW, to wit, this 2000, upon consideration day of of the Plaintiff's Motion for Judgment on the Pleadings, it is hereby ORDERED, ADJUDGED AND DECREED that judgment be entered in favor of Plaintiff and against Defendant in the amount of $2,007.67, with continuing service charges at the rate of 1 1/2% per month and costs. BY THE COURT: J. l1S90912,H l~"'" 1'- .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff vs. Civil Action No. 2000-21 JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible partnership Defendant CERTIFICATE OF SERVICE I, Kimberly L. Cerny, certify that, this 12th day of September, 2000, I served a true and correct copy of the foregoing MOTION FOR JUDGMENT ON THE PLEADINGS upon the following party by regular First Class United States Mail, postage prepaid, addressed as follows: Jeffrey N. Yoffe, YOFFE " YOFFE, 214 Senate Avenue, Camp Hill, PA Esquire P.C. Suite 203 17011 ~~C~ ~cr BERNSTEIN BERNSTEIN KRAWEC " WYMARD 1133 Penn Avenue Pittsburgh, PA 15222 11590912.H Ci]~~ ~, FiLfD{HiCE OF T! ,F D"""'Hr)'l"'hny h;;:; ! i~tV!1 '-..y'vlrV1 00 Sf? 15 Pt\ 3: 03 CUMBEffJND COUN1Y PENt\ISYLVANIA > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff(s) No. 2000-21 vs. ENTRY OF APPEARANCE JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: JOSEPH J. BERNSTEIN, ESQ. PA LD #1l089 ROBERT S. BERNSTEIN, ESQ. PA LD. #34308 The Bernstein Law Firm, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. HOOll159 DIRECT DIAL: (412) 456-8118 11591101.H .';J~~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOMMY ARMOUR GOLF Plaintiff vs. JAMES F. HECKERT individually and as a partner trading and doing business as SILVER SPRING RANGE, a possible Defendant TO THE PROTHONOTARY: Kindly enter ~ appearance matter. 1159110LH '7""" '_',. Civil Action No. 2000-21 PRAECIPE FOR APPEARANCE on behalf of the Plaintiff in the above-captioned KRAWEC & WYMARD, P.C. , 15222 BERNSTEIN FILE NO. HOOll159 . If Kimberly L. Cerny, CERTIFICATE OF SERVICE hereby certify that on the 31Jf2 day Of~ 2000,a true and correct copy of ENTRY OF APPEARANCE was served upon the following party regular u.S. Mail, postage pre-paid, addressed as follows: Jeffrey N. Yoffe, YOFFE & YOFFE, 214 Senate Avenue, Camp Hill, PA Esquire P.C. Suite 203 17011 Kimberly L. Cer y THE BERNSTEIN W FIRM, 1133 Penn Avenue Pittsburgh, PA 15222 1159110LH .~'-~- .,~~ I'.~ Or .. ,-,r ,,/-~ I(,;'--()TP,RY I I , i I , I I i i i i , i I i i I I , 00 HC\"! -9 Pi\ 2: 02. CUM'3lPUNl) COU\'1T,( PENNSYlV,I>.,N\1\