OSCN Found Document:DISCOVER BANK v. HARRIS

the pleading filed by Harris:

[a]ppears to be in the form of a prepackaged form that is appearing in various cases. These packages are typically bought or borrowed and are primarily designed to attempt to baffle the Court and the plaintiff. The pleading of the Defendant focuses upon article 3 of the UCC which deals with notes. The Plaintiff has not alleged that any note is involved but has alleged that the use of an account created a debt.

Bank urged Harris should be admonished regarding the possible imposition of sanctions under 12 O.S. 2001 §2011 for abusive, redundant and unfounded filings.

¶5 On September 8, 2003, Bank mailed to Harris requests for admissions seeking admission of the balance on the account; Harris' liability; and that payments were in default. On November 10, 2003, Bank filed a motion for summary judgment, setting forth evidentiary materials tending to show that Harris was served with such request for admissions by certified mail and she failed to respond within the time allowed by law. Based on the foregoing, Bank urged Harris admitted the existence of the account, that payments are in default and the amount of the balance due on the account; therefore, Bank is entitled to judgment as a matter of law. The hearing on the motion for summary judgment was scheduled for December 1, 2003. Notice of the hearing date was mailed to Harris on November 13, 2003. On November 21, 2003, Harris filed a "Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim; Motion to Strike Summary Judgment;" a "Mandatory Judicial Notice," and an "Emergency Request to Reschedule Hearing" alleging the date of the hearing "conflicts with a prior commitment of Harris" and "she is unable to attend the hearing on such short notice."