CATERPILLAR FINANCIAL COMMERCIAL ACCOUNT CORPORATION formerly doing business as CAT ACCESS ACCOUNT CORPORATION, Plaintiff, vs. EAST COAST PAVING & SEAL COATING INC., and BARBARA HASSON also known as BARBARA S. HASSON, Defendants., 31 Pa. D. & C.5th 565

Summary

HOLDINGS: [1]-The debtor's and the guarantor's (defendants) first fraud counterclaim failed as there was no misrepresentation since the contract stated that the creditor could provide the credit and the guaranty stated that the debt would be paid to the creditor if the debtor failed to pay; [2]-A fraud counterclaim was stated as defendants alleged that the creditor's agent told them that the debt would be removed due to defects with the merchandise, that the agent fraudulently told them that he would take care of the debt, that defendants stopped payment due to the agent's promise to take care of the debt and that they had been damaged by having to defend the suit and by the creditor's collection efforts; [3]-The second fraud counterclaim was pled with sufficient particularity under Pa.R.C.P. No. 1019(b); [4]-Defendants stated a claim under the Pennsylvania Declaratory Judgment Act.