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Home My WebLink About99-01332 $~C'N~l. HAYT, HAYT & LANDAU BY: ARTHUR LASHIN, ESQUIRE IDENTIFlCATlON NO. 23425 SIXTI;i FlCOA ??OO MAAl<ET STREET PHILADElPHIA, PA 19106-2508 (21 a) gas.1oIOO \ MONTGOMERY WARD CREDIT CORPORATION ATrORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS c;;:w.IL DIV/~/ON vs. LEE HARNER TERM, No. 99-1332 CIVIL . . PRllEC:IPE TO DISCeNTINlm WITlIOUT . PREJUDICE TO..TlIE PllOTllllNTARyj ,Kindly discontinue the above captioned matter'rl1:hdttt:. prejUdice. ~n. ,^", ~;i; By: L Attorney for Plaintiff . .......' CIVIL ACTION 1. Plaintiff. Montgomery Ward Credit Corporation is a Nevada Corporation with offices located at 880 Grier Drive, Las Vegas, Nevada 89119-3718. 2. The Defendant(s) Lee Harner is/are individuAl(s) residing at the address (es) contained in the caption of this case. 3. Pursuant to Montgomery Ward Retail Instalment Credit Agreement (hereafter collectively called the Agreement), a copy of which is attached hereto, made a part hereof and marked Exhibit "A", Defendant (s) was/were issued a Montgomery Ward, account number 5751854. 4. Defendant(s) subsequently utilized the aforesaid credit card to make various purchases thereby incurring payment obligations to Plaintiff under the terms of the Agreement. 5. Defendant (s) defaulted upon the Agreement by failing to adhere to the repayment schedule contained therein and in accordance therewith the entire remaining balance became due and payable immediately. 6. The Agreement requires the Defendant(s) to pay late fees when installments payments are past due. 7. The Agreement further requires the Defendant(s) to pay reasonable attorney fees and court costs if the account is referred to an attorney who is not a salaried employee of the Plaintiff's. 8. As a consequence of the foregoing there is presently due and owing to Plaintiff by Defendant(s) the following sum(s) : Unpaid balance: $ 9,763.27 Interest: 1,270.50 Late fees: .00 Attorney's fees: Total due: 2.206.75 $13,240.52 9. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to pay the aforesaid sum. WHEREFORE, Plaintiff demands judgment against Defendant(s) in favor of Plaintiff in the amount of $13,240.52 with interest and costs. HAYT, HAYT & LAND,fJ;:; By: K Arthur Lashin, Esquire Attorney for Plaintiff STATE OJ' CDORGU I SS COUNTY Olr DBltALB : ,jJ.e; G (jRAtji\~Jl APJI'::tDA VXT , being duly sworn according to law, deposes and says that he/sheldoBMOIIInON SPECIAlIWr CD Capital Services, and that he/she is duly authorized to take this Affidavit on behalf of CD Capital Services and that the facts contained in the attached pleading are true and correct to the best of his/her information, knowledge and belief. {i)d ~JiL Sworn to and subscribed before me this day >- m '>- ')..... cr; c."~ f;: ~ ;~: .. 1._ ~ (., - .;.l : ~ UJ. ; ~,~.~ ; ~ Il_ . a: .. \I ;.:j ~ ,,:..! r{. ..' ~) ~ ;.~J C/.l P- C'- 1._.; I ~ 1:.-.- ~ . ,",: '.iiij L:;' .. -~ U_ ~ I'" .' \ - ~ ~ I.'. Cr. :~j \) ~ \' ,~ en () 0 ~ t , 0} ~ l...r) ~ '69.. D9 . "fl'! ,:n.I'lEIIlY!lCt ,. .. ,. '. , . , entered into and signed an Agreement whereby thc Defendant received a "Montgomery Ward". as indicated in the Plaintifrs Complaint ovennent 3. In addition. the Agreement which is allaehed as Exhibit "A" to the Plaintirrs Comploint does not exhibit or contain any signatures of the Defendant or any agents of the Plaintiff. 3. The Plaintiff has failed to state in its Complaint how Cumberland County is the appropriate venue for review of this matter. WHEREFORE. Defendant. Lee Hamer. respectfully requests that this Honorable Court require that Plaintiff file an amended pleading in accordance with the Rules of Court or. in the alternative. dismiss the Plaintirrs Complaint with prejudice. II. FAILURE OF PLEADING TO CONFORM '1'0 LAW OR RlJI.F. OF COt JRT PITRSlJANT TO Pa R C P I02R(II)(2) 4. In violation ofPa.R.C.P. 1019(1). Avcnnent8 ofPlaintirrs Complaint fails to specifically list in detail the breakdown of the unpaid balance, which is the sum allegedly owed to Plaintiff, which would be the items of special damages. 5. Plaintifrs Complaint fails to specifically aver the times and places of the items purchased by the Defendant and the cost of same and in violation ofPa.R.C.P. 1019(1). 6. Plaintiffs Complaint fails to state whether the amount claimed exceeds the jurisdictional amount requiring arbitration in Cumberland County in violation ofPa,R,C.P, 1021(c). 7, Plaintiffs Complaint fails to state specifically whether its claim is based upon a 2 MONTGOMERY WARD CREDIT CORPORATION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO, /}/}.1332 CIVIL TERM v. : CIVIL ACTION LEE HARNER, Defendant CF.RTIFICATF. OF SF.RVICF. I, Madelaine N. Balunn, Esquire, of the law linn of Batunn & Batunn, hereby certify that I served a true and correct copy of the Preliminary Objections of Defendant, Lee Hamer, by depositing same in the United States Mail, Harrisburg, Pennsylvania, by First Class Mail, postage prepaid, addressed as follows: HA YT, HA YT & LANDAU ARTHUR LASH IN, ESQUIRE 6T11 FLOOR 400 MARKET STREET PHILADELPHIA, PA 19106-2509 Respectfully submitted, DATE: 3/2-\ \'\'\ BA;YfIN/& BATURIN BY:' tJ\ /l. A- Madelaine N. Baturin, Esquire Attorney J.D. No. 68971 717 N. Second Street Harrisburg, P A 17102 (717) 234-2427 Attorney for Defendant, Lee Hamer r,', (., ;:. (.~ ,', ~', " Ii:', . , ~~' , , " ... El" I ,', I.', i' . , (J (...", ,-' ~I .... - I - N C'l l;; .. Z 0 ,.. 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