Legal Opinion

Commonwealth Financial Systems v. Hartzell

Pennsylvania Court of Common Pleas, Lawrence County

Decided October 19, 2010No. 10390 of 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION

COX, J,

— Before the court for disposition are the preliminary objections to amended complaint filed on behalf of the defendant James Hartzell, which argue the following:

I. The amended complaint does not contain a specific averment alleging whether the purported agreement between the parties is oral or written, which violates Pa.R.C.P. No. 1019(h);

II. The plaintiff failed to attach the proper cardholder agreement and assignment of the defendant’s account to the amended complaint in violation of Pa.R.C.P. No. 1019(i); and

III. The plaintiff has failed to specifically aver or attach…

2Cases cited5 opinions

  1. Atlantic Credit & Finance, Inc. v. GiulianaSuperior Court of Pennsylvania · 2003
  2. Kirshon, Et Ux. v. FriedmanSupreme Court of Pennsylvania · 1943
  3. Target National Bank v. Kilbride, Pennsylvania Court of Common Pleas, Centre County2010
  4. Marine Bank v. Orlando, Pennsylvania Court of Common Pleas, Erie County1982
  5. Remit Corp. v. Miller, Pennsylvania Court of Common Pleas, Centre County2008

3Cited by1 opinion

  1. Atlantic Credit & Finance, Inc. v. List, Pennsylvania Court of Common Pleas, Lawrence County2011

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