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ASSOCIATED WHOLESALERS,
INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
: No. 0/ - 1191
GZJl{~
vs.
MOHAMAD SWART!,
Defendant
: Civil Action - Law
WARRANT OF ATTORNEY
Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of
which is attached to the Complaint filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against Defendant as follows:
B.
Interest as 00/l/01:
$19,780.31
$ 195.00
($3.25 per day)
A.
Unpaid principal:
c.
Attorney's commission
5% of principal
$ 989.00
TOTAL
$20,964.31
* Plus any additional interest that accrues and costs of suit.
Respectfully submitted,
Countess Gilbert Andrews
!
J eph C. Adams, Esquire
upreme Court LD. #70218
29 North Duke Street
York,PA 17401
(717) 848-4900
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ASSOCIATED WHOLESALERS,
INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
: No. Of - I/C(c;
C::..:l 't-~
MOHAMAD SW ARTI,
Defendant
: Civil Action - Law
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, TO WIT, this _ day of February, 2001, comes Plaintiff, Associated
Wholesalers, Inc., by and through its attorneys, Countess Gilbert Andrews, and states its
Complaint as follows:
1. Plaintiff, Associated Wholesalers, Inc., is a Pennsylvania corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, having an office at Route 422, P.O.
Box 67, Robesonia, Berks County, Pennsylvania, 19551.
2. Defendant, Mohamad Swarti, is an adult individual whose last known address is 12
North Baltimore Street, Mt. Rolly Springs, Cumberland County, Pennsylvania, 17065.
3. Defendant is the owner ofR-Kahn, Inc., t/d/b/a King Market, located in Mt. Rolly
Springs, Pennsylvania.
4. On or about December 18, 2000, the Defendant entered into a commercial transaction
with Plaintiff for the purchase and sale of goods and merchandise and extension of credit therefore;
and as consideration therefore, Defendant herein executed a suretyship wherein Defendant agreed to
guarantee the debt ofR-Kahn, Inc. A true and correct copy of the suretyship is attached hereto as
Exhibit "A" and incorporated herein.
5. R-Kahn, Inc., is in default of its obligations to Plaintiff by failing to make payment for
the goods and merchandise purchased by R-Kahn, Inc.
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6. Exhibit "A" contains a confession of judgment clause in favor of the Plaintiff and
against Defendant. Furthermore, said document contains the right of Plaintiff to collect accrued
interest and reasonable attorney's fees together with costs of suit.
7. There has been no assignment of this instrument.
8. No judgment has been entered on Exhibit "A".
9. All conditions precedent to confession of judgment have been performed or have
occurred.
10. Pursuant to the terms of Exhibit "A", Plaintiff may confess judgment for any amount
owed under this suretyship together with collection costs, including reasonable attorney's fees.
11. This judgment is not being entered by confession against any natural person in
connection with a consumer credit transaction.
12. The sums presently due and payable to Plaintiff by Defendant pursuant to Exhibit "A"
are computed as follows:
A.
Unpaid principal:
$19,780.31
$ 195.00
($3.25 per day)
B.
Interest as of3Il/0 1:
c.
Attorney's commission
5% of principal
$ 989.00
TOTAL
$20,964.31
WHEREFORE, Plaintiff, Associated Wholesalers, Inc., by and through its attorneys,
Countess Gilbert Andrews, hereby confess this judgment in favor of Plaintiff, Associated
Wholesalers, Inc., and against the Defendant, Mohamad Swarti, and simultaneously herewith request
the Prothonotary to enter judgment against Defendant in favor of the Plaintiff in the amount of
$20,964.31, plus additional interest as it accrues and costs of suit.
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Respectfully submitted,
Countess Gilbert Andrews
:caL
ph C. Adams, Esquire
preme Court I.D. #70218
29 North Duke Street
York,PA17401
(717) 848-4900
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2-27-01; 11 :26AM;AWI. INC.
;610 693 6764
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02/27/2001 09:04 FAX 717 8439039 .
Countess. G1 Ibert , Andrew&
141006
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VBR1FICATIpN
I, th~ undel'signed, ThOInllJl c. Teeter, Vice Jtt-esident, Associated Wholesaler's Inc., Plaintiff,
hereby affirm that the facts contained in the foregoing Complaint in ConfCssiOll of Judgmcuf are true
,
and correct tQ the best of my knowledge, infonnation, and belief. This statement is made 5lIpject tn
the penalties of 18 Pa.C.S. Section 4904 relatiDg tn unswom falsification to authorities.
ASSOClAlBD WHOLESALER'S INC.
Dated: Febmaryg 2001
A-/!ar
Thomas C. Teeter, Vice esident
II
R-96%
717 8439039
02-27-01 09:10AM P005 #09
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SURETYSHIP
THIS SURETYSHIP, (HEREINAFI'ER:REFERRED TO AS "SURETYSHIP'') is made upon the
terms and conditions h~ set forth on this / 'i {L day of 1k'<fi...iAr-. Ul-::z..tI ~
by J:L1 ~ (; $"w CJ..v-1- \ (hereinafter referred to as Surety), INTENDING 10
BE LEGALLY BOUND HEREBY, and in order to induce ASSOCIATED WHOLESALERS, INe, a
Permsy1vania corporation withitsprincipa1 ofliceatRoute422, P.O. Box67,Robesonia,Pennsy1vania
19551 (hereinafter called "AWl"), to extend credit terms and/or to guarantee certain debt of the
Principal Debtor (as hereinafter defined).
TERMS AND CONDmONS
1. DEFINITIONS. As used. herein the following terms shall have the following meanings:
(a) "Person" shall mean ,and include an individual, partnership, corporation, unincorporated
association and any other legal entity of any nature whatsoever.
(b) "Undersigned" means the Person, or,.if more than one, each and all of the Persons by
whom, or on whose behaH, this Suretyship is executed.
(c) "Principal Debtor" means, individually and collectively,' ~ (,,- V\ ~~, L.
with its principal office and place of business at I z... Ih A 1-:..-: S _ i'f.:r ~t
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, (d) "Principal Debtor's Liabilities to AWl" shall mean and include any and all existing and
future liabilities of the Principal Debtor to AWl, whether absolute or contingent arising out of,
connected with and/or evidenced by any open account or other similar credit accmnm.odation, as
well as any Purchase Supply Agreement and! or any other agreement or document aeating or
imposing upon Principal Debtor an obligation to make payments to AWL
2. SURETYSHIP AGREEMENT. The Surety hereby uncondilionally as5UIeS, covenants, warrants
and guarantees to AWl, and becomes surety ~ the due per:formance, including, but not limited
to, the pronlfli paymentwhend~, of the Principal Debtor's LiabilitiestoAWL TheSmetyhereby
approves and consents to the terms and conditions of any and all documents evidencing Principal
Debtor's Liabilities to AWl and any security agreements, mortgages, judgement notes and/or
otherd.ocmnents wherebythePrindpalDebtor grants andAWI accepts a security interest, mort:gage,
judgment, lien or other encumbrance in any p.op.:.Ly of any nature whatsoever, and the Surety
hereby agrees to be bound by such terms and conditions as they apply to said Surety.
3. UABILTIY. The amount of the Surety's liability to AWl hereunder shall be unlimited. AWl may
apply any payment by Principal Debtor, Surety, or otherwise or proceeds of collateral to any of
Principal Debtor's Liabilities to AWl in sUch II\lIIlI\er and in such order asAWI may elect. Further,
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AWImay apply any payment by Principal Debtor, any other surety of proceeds of collateral to any
obligation of Principal Debtot to AWl in such order as AWl may elect whether Ol" not included
within the Principal Debtor's Liabilities to AWl secured hereby.
4. UNCONDmONAL LIABILITY. Notwithstanding anything to the contrary contairied in this
Suretyship, the liability of the Surety hereunder is absolute and unconditional and shall not be
affected in anyway by reason of (a) any failure by AWl to retain or preserve anyrights againstany
Person or Persons, including the Principal Debtor, any one of the Surety or any other surety, in any
property of any nature whatsoever, (b) the invalidity of any such rights which may be aUen:.pled
to be obtainei or (c) the lack of prior enforcement of any right against a.""1}' Person or Persons
(including, but no! limited to the Principal Debtor, any of the Surety Ol"any other surety), or in any
property. To the extent pem1itted by law, the Surety hereby waives any right to require, and the
benefit of all laws now or hereafter in effect giving the Surety the right to require any such prior
enforcement as aforesaid. The Surety hereby agrees that any delayin enforcing or failure to enforce
any such rights, even if such rights are thereby lost or impaired, Ol" any delay in making demand
on the Surety for perfonnance of payment of the Surety's obligation hereunder, shall in no way
affect the liability of the Surety hereunder.
5. WAIVERS. The Surety hereby waives all notices of any character whatsoever with respect to ,
this Suretyship and the Principal Debtor's liabilities to AWl, including but not limited to, notice:
of the acceptance hereof and reliance hereon, of the presentexistel1ce 01' future incurring of any of
the Principal Debtor's liabilities to AWl, of the amount, terms and conditions thereof, and of any
defaults thereon. The Surety hereby consents to the taking of, or failure to take, from time to time
without notice to the Surety, any action of any nature whatsoever with respect to the Principal
Debtor's Liabilities to AWl and with respect to anyrights against any Person Ol" Persons (including
butnotlimited to the Principal Debtor, anyone oftheSurety or any othersurety), orin any property,
including but not being limited to, and arrangements, renewals, extensions, modifications,
postponements, compromises, indulgences, waivers, surrenders, exchanges and releases, and the
Surety will remain fully liable hereon notwithstanding any of the foregoing; provided, however,
thatthe granting of a release of the liability hereunder of less than all of the Surety shall be effective
with respect to the liability hereunder of the one or more who are specifi,."lly so released, but shall
in noway affect the Iiabilityhereunder of any of the Suretynotso released. The death or incapacity
of any of the Surety shall in no way affect the liability hereunder of any other of the Surety. The
Surety hereby waives the beItefit of any and alllaws now or hereafter in effect in anyway limiting
or restricting the liability of the Surety hereunder including but not limited to (a) all defenses
whatsoeverto the Surety 'sliability hereunder except the defense of payments made on ac:count of
the Principal Debtor's Liabilities to AWl and the Surety's liability hereunder, and (b) to the extent
permitted by law, all right to'stay of execution and exemption of property in any action to enforce
the liability of the Surety h~der.
Suretyship - page 2
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6. PAYMENT OF COSTS. In addition to all other liability of the Surety hereunder and
notwithstanding to limit, if any, set forth in Paragraph 3 hereof, Surety also agrees to pay to AWl
on demand allcosls and expenses (including reasonable attorneys' fees and legalexpenses), which
may be incurred in the enforceIDent of ~ Principal Debtor's Liabilities to AWl, ~ liability of the
Surety hereunder, or the cost of repossession Of any collateral held to secure any of the obligations
of Principal Debtor and/or Surety to AWL
7. ACCELERATION OF UABIUITES. If any of the Principal Debtor's Ilabilities to AWl is not
duly performed, including, butnotlimited to the promptpaymentwben due ofanyamountpayable
thereon, all the Principal Debtor's Liabilities toAWl shall atAWl's OPtion be deemed to be forthwith
due ,and payable for the pmposes of this Suretyship and the liability of the Surety hereunder.
Further.more,AWl shallhave an immediate right of setoff against allliabilities to theSuretyinclucling
the right of setoff against arty and all deposit accounts of Surety; andAWl is hereby given alien on
and a security interest in any and all prope..Ly of the Surety, now or hereafter inAWl's possession
or secured to AWl pursuant to a security agreement, mortgage, judgment or other document,
including, but not limited to any balance or interest in any deposit, trust or agency account; and
the payee shall haye the same rights to such propc..ty as it has by any agreement or by Jaw.
8. CONFESSION OF JUDGMENT. THE SURETY (AND EACH OF THEM), HEREBY
IRREVOCABLY AUIHORIZES TImPROTHONOTARYORANY AITORNEYOF ANY COURT
OF RECORD 10 APPEAR AND CONFESS JUDGMENT AGAINST TIm SURETY, AND EACH
OFlHEM, FOR lHE UNPAID PRINOPAL BALANCE OF AND ACCRUED IN'IERESTON lHE
PRINCIPAL DEBTOR'S liABILITIES TO AWl, UPON DEFAULT BY EITHER SURETY OR
PRINOPAL DEBTOR. WITH REASONABLE AlTORNEYS' COMMISSIONS WITH COSTS OF,
SUIT AND REi.EASE OFERRORS. Itis the intent of~parties that any judgment SO entered shall
bearinteIesl. at the greater of the rates from time to timepayable under the documents evidencing
Principal Debtor's Liabilities toAWL To the extentpermitted by law, the Surety waives the right to
any stay of execution under the benefit of any and all exemption laws now or hereafter in effect.
No sing1eexercise of the foregoing warrant shall be deemed to exhaust ~ power to confess
judgment granted herein, whether or not any such exercise shall beheld by any court to beinvalid,
void or voidable, but the power shall continue undiminished and may be exercised from time to
time as often as AWl shall e1ectuntil all sums payable or that may become payable by the Surety
pmsuant to this Suretyship shallhave been paidinfu1l.Acopy hereofmay beenteredinlieu of the
original.
9. NO SUBROGATION. So long as the Principal Debtor's Liabilities to AWl have not been paid in
full, no payment by the Surety pursuant to the provisions hereof shall entitle the Surety by
subrogation or otherwise to the rights of AWl, to any payment by the Principal Debtor or out of
the property of the Principal Debtor.
Suretyship - page 3
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10. OTIiER GU~. A subsequent guaranty or suretyship by the Surety or any other
surety or guarantor of the Principal Debtor's Liabilities toAWl shall not be deemed to be inlieu of
or to supercede or terminate this Suretyship, but shall be C9nstrued as and additional or
supplementary suretyship un1ess'otherwise expresslyprovided therein; and in the event the Surety
or any other surety or guarantor has given toAWla previous suretyship or guaranty, this Suretyship
shall be construed tObe an additional or supplementarysuretyship and not to be in lieu thereof or
to terminate such previous suretyship or guaranty.
11. BANKRUPTCY PREFERENCE. If any settlement, discharge, payment, grant of security or
transfer of prOydLy relating to discharging any duty or liability created under this Suretyship is
rescinded or avoided by virtue of any provision of any bankruptcy, insolvency, or other similar
law affecting creditors' rights, AWl will be entitled to recover the value or amount of any such
settlement, discharge,payment, grant of security or transfer of prope...Lj from the undersigned as
if such settlement, discharge, payment, grant of security or transfer ofproperty had not occurred.
If the within Suretyship is secured, AWl shall not be required to relinquish any lien, of any type
whatsoever, unless and/or until it is satisfied that the risk of any preference attack on any of the
Principal Debtor's payments is totally eliminated.
12. NO DUlY. Notwithstanding" anything to the contrary herein contained, nothing contained in
this Suretyship shall require or be deemed to require AWl to make any advances or loans or
otherwise extend credit of any nature whatsoever to or for the benefit of Principal Debtor.
13. GENDER AND NUMBER. When the sense so requires, words of any gender used in this
Suretyship shall be held to include any other gender and word used in the singular number sh1ill
be held to include-the plural, and vice versa.
14. NOTICES. Service of all notices under this Suretyship shall be sl1ffici"'1t if given personally or
mailed by registered or certifiedmail toAW! or Suxety (asis applicable), attbeirrespective addresses
set forthhereinabove, or at such other address as AWl or Surety (as is applicable), may provide in
writing from time to time.
15. CAPTIONS. The captions or headings of each paragraph herein are not part of this Suretyship,
but are intended for puzposes of information and Lef...eJLCe only.
16. SEVERANCE. If anyprovision, orpartthereof, of this Suretyship is in conflictwith any statute
or otherru1e oflaw, then such provision or part thereof shall be deemednull and void to the extent
that it may be in conflict therewith, without invalidating the remaining provisions hereof, and in
order to effectuate the intent of the foregoing, the provisions of this Suretyship are declared
severable.
Suretyship - page 4
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17. MISCELLANEOUS. This Suretyship shall inure to the benefit of AWl, its successors, assigns,
endorsees, or <!11Y other Person or Persons, including any banking institution or institutionS, to
whichAWI may grant any interest in the Principal Debtor's Liabilities to AWl or any of them, and
shall be binding upon the Surety and the $uretys executors, administrators, successors, assigns,
and other representatives, both personal and legal. In the event that the Suretj shall become
deceased, the estate of Surety shall be fully liable hereunder to the same extent as is Surety, and
adequate provisions, reasonably satisfactory to AWl, shall be made for such liability. Any failure
by AWl to exercise any right hereunder shall not be construed as a waiver of the rightiD exen:ise
the same or any other right at any other time. Surety intends this to be a sealed instrument and to
be legally bound hereby. All issues arising hereunder shall be governed and dett....h..ed by the
laws of the Commonwealth of Pennsylvania. THE LIABILITY OF THE ENl!lu,;S
COMPROMISING SURElY HEREIN SHALL BE JOll\'T AND SEVERAL.
IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND HEREBY, the Surety
has executed or caused this Suretyship to be executed on the day and year first above written.
Note: In all cases where Surety's signatures are required, each Surety's spouse must also sign in
the app.op.iatelocation. All Surety and spouse names must also be included in paragraph one of
this Suretyship Agreement.
Witness:
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Surety:
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Surety #1 '
x
Spouse of Surety #1
Surety #2
Spouse ofSurety#2.
Surety #3
Spouse of Surety #3
Suretyship - page 5
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TInS PAGE INTENTIONALLY LEFT BLANK
PARTIES .
Debtor nama (last nama first if individual) and mailing address:
~. kcjhf)lJlC '
Y.N". ~\~1H~r~ StPR llDtaS""
Deblor nama (last nama first if individual) and mailing address:
1b
Secu,,", Party(ies) nama(s) Oast name first ff individual) and address for security
interest informaJion:
4---cisted Wholesalers. lne-
Box 67
Robes cnia. PA 19551
Asslgnee(s) 01 Secu,,", party name(s) (last name first if individual) and address
for security interest information:
N_
Special Types 01 Parties (check. applicabla):
OThe terms 'Debtor" and "Secured Party" mean "less..' and "lessor."
respectively,
o The terms "Debtor" and "Secured Party" mean "Consign.." and "Consignor,"
respectively,
o Debtor is a Transmitting UtiiitY.
SECURED PARTY SIGNATURE(S)
This sIaIemenl is filed wkh only lhe Secu,,", Party's signature to pertect a
security inlerest in coiiateral (check applicable box(es) -
a. 0 a~uired after a change 01 name, Identity or corporale struclure of tha
Debtor.
b. 0 as to which tha filing has lapsed.
c, already subject to a security interest in another county in Pennsylvania-
o whan 1he collateral was moved to this county.
o whan tha Debtor's rosidance or place 01 business was moved to this
county.
d, already subject1l> a security interest in anothar jurisdiction-
o whan tha collale..1 was moved to Pennsylvania
o when tha Debtor's location was moved to Pennsylvania.
e, 0 which is proceeds of 1he coiiateral described in block 9. in which a security
interest waS previousiy perfected (also describe proceeds in block 9. if
purchased with cash proceeds and not adequalely described on the original
financing sialemant),
Secured Party Signature{s)
(required only. box(es) is checked above):
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FINANCING STATEMENT
Uniform Commercial Code Form UCC-1
Aling No. (stamped by filing officer):
Date, Time, Filing OIIice (stamped by filing officer):
5
This Anancing Statement is prasenled for filing pursuant to 1he Uniform Commercial Code, and is 11>
1a be ,filajl with tha (check applicable box):
I,il Secretary of lI1a Commonwealth,
o Prothonotary of
o real estate records of
County.
County,
6
Number of Addblonal Sheets (if any):
Optional Speclalldanlificalion (Max. 10 chanlcters):
COLLATERAL
7
8
Idanlify collaleral by itam and/or type:
2
All invenmry, u- _ merchandise now existing of
..........- acquired by Deb_ including the ""0 c.. tis of
the sale __ _ replacements therefor, _ all
- ~_r\\)ribed in a S-uritv ~gresnant
dated between the parties.
2a
m (check only il desired) ProducIs 011he CD/lateral are also CI1Vered. 9
IdentIfy relaled real estate, n applicable: The collalellll is. Dr indudes (check appropriate box(es) -
a 0 crops growing Dr to be grown on --
b, 0 goods which are Dr are to become rooures on-
c. 0 mine..1s Dr 1he like (including oil and gas) as exlrllcted on -
d, 0 accounls resuking from the sale 01 minerals Dr lI1alike (including oil and gas) at tha
3 wellhead Dr minehead on-
lI1a following realesiate:
Street Addre..:
Described at: Book_ of (check Dna) 0 Deeds 0 Mortgages, at Page(s)
for County, Uniform Parcellden1ifier
o Described on Additioral Sheet.
Name 01 record owner (required only n no Debtor has an interest of record):
10
1a
De r Signawre(s):
1
1b,
RETURN RECEIPT TO:
11
Thomas Teeter
Associated Wholesalers. Ine.
Box 67
Robl~ni~. PA 19551
4
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ASSOCIATED WHOLESALERS, INC.,
Plaintiff
V.
CIVIL ACTION - LAW
No. 01- /10/ COLe I~
MOHAM. SW ARTI,
Defendant
NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a Judgment in the above-captioned matter has been entered
against you in the amount of$20,964.31 plus costs on March -L, 2001 .
(X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
G-V'~l!~
Prothonotary CiVIl DI .
J2y: 42~f( 9.7p~~bp-cJ
If you have any questions regarding this Notice, please contact the filing party:
NAME: Joseph C. Adams, Esquire
ADDRESS: 29 North Duke Street
York,PA17401
TELEPHONE NO: (717) 848-4900
(This Notice is given in accordance with P A.R.C.P. 236.)
Notice sent to: NAME Mohamad Swarti
ADDRESS 12 North Baltimore Street
Mt. Holv SDrines, P A 17065
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ASSOCIATED WHOLESALERS, INC.,
Plaintiff
v.
CIVIL ACTION - LAW
No. 0/-lt9? CuJ-k=L-~
MOHAM. SW ARTI,
Defendant
NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a Judgment in the above-captioned matter has been entered
against you in the amount of$20,964.31 plus costs on March~, 2001 .
(X) A copy of all doclUUents filed with the Prothonotary in support ofthe within judgment is/are
enclosed.
~: L/~ g. 71;J~~f<;
If you have any questions regarding this Notice, please contact the filing party:
NAME: Joseph C. Adams, Esquire
ADDRESS: 29 North Duke Street
York,PA 17401
TELEPHONE NO: (717) 848-4900
(This Notice is given in accordance with P A.R.C.P. 236.)
Notice sent to: NAME Mohamad Swarti
ADDRESS 12 North Baltimore Street
Mt. Holv Sprines, P A 17065