HomeMy WebLinkAbout03-5797 IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT
CUMBERLAND COUNTY - PENNSYLVANIA
Newton S HUGHES,
Plaintiff
Mohammed SWATI,
Defendant
CIVIL ACTION - LAW
No. 2003- 0~?~
ARBITRATION
NOTICE TO PLEAD
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action within twenty (20) days after this
Complaint and notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses and objections to the claims set
forth against you. You are warned that if you fail to do so, the case may proceed without
you and a judgment may be entered against you by the Court without further notice for any
money claimed in the complaint or for any other claim or relief requested by Plaintiff, you
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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Pennsylvania Bar Association
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P.O. Box 186
Harrisburg, PA 17108
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IN THE COURT OF COMMON PLEAS
OF THE 9TM JUDICIAL DISTRICT
CUMBERLAND COUNTY - PENNSYLVANIA
Newton S HUGHES,
Plaintiff
Mohammed SWATI,
Defendant
CIVIL ACTION - LAW
No. 2003 - j~-?cy "7
ARBITRATION
COMPLAINT
NOW COMES, Newton S HUGHES, a sui juris adult, by his attorney, Forest N
Myers, Esquire, and files the following:
Plaintiff is Newton S HUGHES, who resides at 111 N Baltimore Street, Mt
Holly Springs, Cumberland County, Pennsylvania.
Defendant is Mohammed SWATI, who resides at 1134 Country Side,
Harrisburg, Dauphin County, Pennsylvania.
Plaintiff HUGHES, was the owner of personal property which was located
at 12 North Baltimore Street, Mt Holly Springs, Pennsylvania.
Defendant, Mohammed SWATI, on or about September 29, 2000, agreed
to purchase the personal property for the full sum of Forty-Seven Thousand
Five Hundred Dollars ($47,500.00). A copy of the personal property Bill of
Sale is attached hereto as Exhibit "A".
Defendant subsequently transferred his interest in the equipment to Sajid
Warrich without the consent of Plaintiff HUGHES. Defendant remains
liable to Plaintiff HUGHES in the amount of $11,373.00 on account of the
equipment purchased.
On or about May 01, 2001, Sajid Warrich issued three checks, Nos. 1001,
1002, and 1004, drawn on the Mt Holly Foodmart General Account and
dated May 01, 1001, June 01,2001, and July 01,2001, respectively. Each
check was in the amount of $3,791.00 and was payable to Mohammed
SWATI. Copies of the checks are attached hereto as Exhibit "B".
Plaintiff HUGHES, deposit check No. 1001, in his account at AIIfirst Bank
on or about May 01, 2001.
Plaintiff HUGHES was notified by his bank on May 01, 2001, that the check
was returned for non-payment due to a "stop payment" order by the
drawee.
As a result of Sajid Warrich's stop payment order, Plaintiff incurred a $7.50
fee for returned item from his bank.
Subsequently, on or about January 16, 2002, Plaintiff deposited checks
Nos. 1002 and 1004 in the total amount of $7,599.15.
On or about January 22, 2002, Plaintiff was notified by AIIfirst Bank that
checks Nos. 1002 and 1004 had been refused for payment based on stop
payment orders issued by Sajid Warrich.
As a result of the stop payment order, Plaintiff HUGHES incurred bank
charges of $15.00.
As a result of the stop payment order, Plaintiff HUGHES has not received
the sum of $11,373, which was owed to him by Mr Swati.
As a result of the stop payment order, Plaintiff HUGHES, has incurred bank
charges in the amount of $22.50.
WHEREFORE, Plaintiff prays you Honorable Court to enter its judgment in his
favor in the amount of $11,395.50, together with interest from May 01,2001, and costs of
suit. Said amount being within the limits of Arbitration.
Date:
~yers, Esquire
Attorney I.D. #18064
137 Park Place West
Shippensburg PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmyers(D, earthlink, net
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are ma.de sul~ject to the penalties of
18 Pa. Cons. Stat. § 4904, relating to unswor,~a~ati/~,~uth~orities.
Newton S HUGHES, I~laintiff