HomeMy WebLinkAbout01-1199Countess. Gilbert-Andrews
Law Offices
29 North Duke e~reet * York, Pennsylvania 17401-1282
Teleohone: 717/848/4900 * FAX: 717/843/9039
ASSOCIATED WHOLESALERS,
INC.,
Plaintiff
VS.
MOHAMAD SWARTI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:No. Or- //*4
:
:
..
: 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:
A. Unpaid principal: $19,780.31
B. Interest as of 3/1/01: $ 195.00
($3.25 per day)
Attomey's commission
5% of principal
$ 989.00
TOTAL $20,964.31
* Plus any additional interest that accrues and costs of suit.
Respectfully submitted,
Countess Gilbert Andrews
~J?$ep . ams, Esquire
gupreme Court I.D. #70218
29 North Duke Street
York, PA 17401
(717) 848-4900
ASSOCIATED WHOLESALERS,
INC.,
Plaintiff
VS.
MOHAMAD SWARTI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 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. Holly Springs, Cumberland County, Pennsylvania, 17065.
3. Defendant is the owner of H-Kahn, Inc., t/d/b/a King Market, located in Mt. Holly
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 of H-Kahn, Inc. A true and correct copy of the suretyship is attached hereto as
Exhibit "A" and incorporated herein.
5. H-Kahn, Inc., is in default of its obligations to Plaintiff by failing to make payment for
the goods and merchandise purchased by H-Kahn, Inc.
occurred.
10.
6. Exhibit "A" contains a confession of judgment clause in favor of the Plaintiff and
against Defendant. Furthelxnore, said document contains the right of Plaintiffto collect accrued
interest and reasonable attorney's fees together with costs of suit.
There has been no assignment of this instrument.
No judgment has been entered on Exhibit "A".
All conditions precedent to confession of judgment have been performed or have
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 Plaintiffby Defendant pursuant to Exhibit "A"
are computed as follows:
A. Unpaid principal:
B. Interest as of 3/1/01:
Attorney's commission
5% of principal
$19,780.31
$ 195.00
($3.25 per day)
$ 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.
Respectfully submitted,
Countess Gilbert Andrews
lcj~ph C. Adams, Esquire
29 North Duke Street
York, PA 17401
(717) 848-4900
02/27/250! 09:04 FAX ?~7 8450039 , Coltu~ess,Gllber~,Azltl~ew6 * ' ~]008
~C~TT01~
the undersigned, Thmna~ C. Teeter, V~ee President. A,socia0~cl Wholesaler's Inc., Plaintiff,
p~fi~ of 18 Pa.C.S. S~ 49~ re~g ~ ~-~wo~ ~sifi~on to au~ies.
Da~:d: Fe..bruary~_.~7 2001
ASSOCIATED WHOLESALER'S INC.
R-96~ ?1~ 8439039 02-27-01 09:10AM P008 ~09
Exhibit A
SURETYSHIP
t;-~s and conditions .here/ua/ret set forth on this / ? day of Z2f~:t../.~-. 1~-~-~,
by /~'/- ~ ~u..~-~-, (hemina/terre/erredtoasSuzety),lN'~2xTD]NGTO
BE ~G~LY ~ ~ ~ ~ ~ ~ ~u~ ~'ao ~OT.~A T ~. ~, a
P~~ ~ ~ i~ ~ ~ at ~ ~ ~0. ~x 67, ~, P~
~d~ ~ (=~ d~).
· t'~ A1VD CONDITIONS
1. DP.~I~I'I IONS. As used herein the/~nowing terms ~ h~ve t~/ollow/ng meanings:
(a) "Person" shall mean ~nd/ndude an/ndividual, parmership, corporation, unincorpora~d
assodaflon and any ohher legal entry o/any nature whatsoeven
2. SURETYSHIP A~. The Surety Immby ~~y ~-es, covenants, warrants
and guarantys to AW'I, and becomes ~ for, the due pearfom'mnce, including, but not limited
to, the prompt payment when due, of the ~'Z. ~ipal Debtor's I iabdNtl _~ to AWL The Sm'ety hereby
Deb~'s Liabgities to AWI and any security agn~ements, m~s~ges, juclgem~nt notes and/~r
jud~mmt, lien or other ~ctunbrance in any prop~ of any nature whatsoever, and the Surety
hereby agrees to be bound by such i=m.~ and conditions as h'~y apply to s~i__d Surety.
3. LIABILITY. The amount of hhe Surety's liability to AWl hereander sbM~ be unlimited. AWI may
apply any payment by F,;,,cipal Debtor, Surety, or otherwise or ~ of collateral to any of
P~hu:ipal Debar's T .ial'~titiS~ tO AWI in such manner and/n such order as AWZ may elect Further,
AWI may apply any payment by l~indpal Debtor, any other surety ofproceeds o£ collateral to any
obligation cd Principal Debtor to AW] in such order as AWI may elect whether or not induded
within the Prindpal Debtor's ~ .~hilities to AW-I secured hereby.
4. UNCONDITIONAL LIABILITY. Notwithstanding anytlxing to the conh-ary c°n~ained/n this
Suretyship, the liability of the Surety hereunder is absolute and uncond/tional and shall not be
affected/n any way by reason of (a) any failure by AWI to retain or preserve any fights against any
Person or Persons, including the Pr/ndpal Debtor, any one of the Surety or any other surety, in any
property o£ any nature whatsoever, (b) the invalidity o£ any such ~ghts wh/-__h may be attempted
to be obtaine~, or (c) the lack of prior enforcement o£ any right av~ainst a~'~y Pearson or Persons
(~ducling, but not limited to Lhe l~indpal Debtor, any of the Surety, orany other surety), or in an)'
property. To the ex~.~t permitted by law, the Surety hereby waives any right to require, and
bendit of all laws now or herea/t~.r in effect giving hhe Surety the right to require any such prior
en/orcement as aforesaid. The Surety' hereby agrees lx~at any delay in enforcing or failure to enforce
any such rights, even if such rights a_,-e ffmreby lost or impaired, or any delay in maldng demand
on h~ Suxety for performance of pay~e~t of the Surety's obligation he,under, shall in no way
a/fect the ~i~hility o£ the Surety hereunder.
5. WAIVERS. The Surety hereby waives all notices of any character whaisoever with respect to
hhis Sure~ ancl the Principal Debtar's Liabilities to AWI, including but not limited to, notice:
of ti~ acceptance hereof and r~li~ce hereon, of h~e present existence or/uture incurring of any of
the Principal Debtor's l .iah/lities to AW'I, of the amount, tv.~is and conditions thereof, and of any
de/aults thereon. The Surety hereby conserrts to the tak/ng of, or failure ~o ~ke, from time to ~
without notice to the Surety, any acC._on of any nature wha~ver with respect ~o the Principal
Debtor's I i~hilifies to AWI and witi~ respect to any rights against any Person or Persons (inducling
but not limited w the Principal De~o~, any one of ~he Surety or any ~ su~ty), or in any ~
including but not being limit~l to, and arrangements, renewals, exten~ons, modl/ications,
postponement, compromises, in&flgences, waivers, su~a~, exchanges and ~o~,~, and the
Surety will remain fully liable herecm notwitixstand~ any of ~ for~ providedt however,
h'~at the granting of a release of the liability hereunder of less hhan all of ttxe Surety shall ~ ~ve
with respect to the liabili~ hexeunder of the one or more who are s~y so releasecl, but shall
in no way a/fect the liabflit~ hereunder of any of the Surety not so releasecL The death or incapadty
of any of h~e Surety shall in no way affect the liability hereunder cd any other of ~he Surety. The
Su~/y hereby waives the bene/it of any and all laws now or hereafter in effect in any way limiting
or restricting th~ ll.h/lity of the Surety hereunder including but not limited to (a) all ddenses
whatsoever to the Surety's ~i~hility hereunder except the defense of payments made on account of
h~e Principal Debtor's ~ i.hilities in AWI and the Su_m~ s ~i.hility hereund~, and (b) to ~ extant
permitted by law, all right to'stay of execution and exemption of property in any action ~o enforce
the liah2it~ of the Su_.ety ,he~uncler.
Smetyship - page 2
C10
6. PAYMENT OF COSTS. In addition to all other liability of the Surety heretmder a_nd
notwithstanding to limit, ii an~ set forth in Paragraph 3 hereof, Surety also alpines to pay to AWl
on demand all cosls and expenses (inducting reasonable attorneys' fees and legal expemes), which
may be incurred in the enforcement of the Principal Debtor's
Smety heretwd~r; or tiae cost of reposse~___'_on of any collateralheld to secure any of ~ obl/gafiims
of Principal Del~r and/or Su.-ety to AWL
7. ACCib:~ .~'RATION OF LIABILITY-q, If any of the Principal Debtor's Liab~fie~ to AWl is not
duly perf,,,~.ed, including, but not limited to ~ prompt payment when due of any amount payable
~ere~, all ~e P,;~ ~ Debtor's Liabilities to AWl shall at AI~I's ot~io~ be deemed to be f~il, ,~ritia
due and payable for the purposes of this Suretyship and the liability of the Sth~y hereunder.
Fa-th== ~re, AWI shall have a_n immediate right of setoff against allliabilities to ~ Surety including
the right of se~off against mi¥ and all deposit accounts of Surety; and AWl is hereby given a lien on
and a security interest in any and all property of the Surety, now or band, er in AWI's poss~_~on
or secured to AWl pursuant to a security agreement, mortgage, judgment or otimr document,
including, but not limited to any b~l~ce or interest in any deposit, trust or agency account;, and
hhe payee shall haye tim same rights to such property as it has by any agl~ement or ~ ~w.
8. CONI~I/SSION OF JUDGMENT. THE SURETY (AND EACH OF THEM), HEREBY
IRREV~LY AUTHOI~ ~ z~-~ THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT
OF RECORD TO APPEAR AND CONI, P_SS JUDGMENT A~ THE b-~URETY, AND EACI-I
OF THEM, FOR THE UNPAID PRINCIPAL BALANCE OF AND ACCRD k_~ IN'i'~ST ON THE
PRINCII~AL DEBTOR'S LIABILI'rm~; TO AWI, UPON DEFAULT BY gll~:~ SURETY OR
PRINCIPAL DEBTOR, Wl'i~I REASONABLE A2'rORNEYS' COMMISSIONS WI'tH COSTS OF
SUIT AND RE~ .I~.&SE OF ERRORS. It is the intent ~f the parties that any judgment so ~ sb~l!
bear intm~st at the greater of the rates from time in ~ payable under the documents evidencing
Prindpal Deb~, 's ~ i-~lities m AWl. To the extent l~-.~tted by law, ~ Surety waives hhe ~i_ght to
any stay of e~cution under the ben,it of any and all exemptlrm_ laws now or hereafter in effect
judgnwnt granted herein, wheti~ or not any such exercise shall be bala by any court to be ~
void or voidable, but the power shall continue undiminished and may be exerdsed f~om time to
time as oI:--., as AWI shall elect until all sums payable o~ t~at may become pa~ ~ ~e S~y
pursuant to tixis Suretyship shall have been paid in full. A copy hereof may be ent~d in lieu of the
9. NO SUBROGATION. So long as tt~.e Principal Debi~ 's l .is~,ilities ~o AW1 have not been paid in
full, no payment by rite Surety pursuant to the provisions he.of shall entitle the Surety by
subrogation or o~ezwise to the rights of AWI, to any payment by the Prtndpal Debtor or out of
Suretyship - page 3
10. OTHI~ GUARANl'l:;/~25. A s~bsequent guaramy or su~.),~ip by ff~e Surety or any other
~ or guarantor of the Principal Debtor's Liabilities to AWI shall not be deemed to be in lieu of
or to supetcede or terminate this Suretyship, but shall be construed as and additional or
supplementary suretyship unless ~ expres__sly provided therein; and irt the event 'dae Surety
or any other surety or guararttor has given to AWI a previous suretysl~ or guaranty, tigs Suretyship
shallbe construed to be an additional or supplementary suretyship and not to be in lieu ~f ~
to terminate such previous stu-tays~p or guaranty.
11. BANKRLrPTCY PR~m<ENCE. If any settlement, discharge, payment, grant of security or
transfer of property relating to discharging any duty or liability created under this Sme~y~xip is
rescinded or avoided by virtue of any provision of any- bankr~tcy, insolvency, or other similar
law affecting crectitorsf fights, AWi will be entitled to recover the value or amount of any such
set~l._ement, discharge, payment, grant of security or ~an~f~ of property from fire undersigned as
if such settlement, discharge, payment, grant of security or tran~ex of property had not occurred.
H fire within Suretyship is secured, AWI shall not be required to relinq,,i~h any lien, of any type
whatsoever, unless and/or until it is satisfied that fire risk of any preference attack on any of the
Principal Debtor's payu~ents is foully
12. NO DUTY. Notwithstanding' anything ~o the contrary herein contained, nothing contained in
this St~tyship shall ~ or be deemed to require AWl to make any advances or loans or
otherwise e~t~,d credit of any nature whatsoever to or for hhe benefit of Principal Debtor.
13. GENDER AND NUMBER. When ~ se~e so requires, words of any gender used in fftis
Su~0ts~P shall be held to include any other gender and word used in the ~,tga,l~ xu~Rb~r ~
be h~ld to indude, the plural, ~ vice vers~.
14. NOTB~-g. Service of all notices uvrle~ h"ds Suretyship shall be sumei~nt if given persoval]y or
mail~cl by regi~i~d or certified mail to AWI or Surety (as is app~i~hle), at h'~ir n~pective addr~
set forth hereinabove, or at such other address as AWl or Surety (as is appli~hle), may provide in
16. SEVERANCE. H any provision, or part thereof, of this Suretyship is in conflict with any statute
or offter role of law, then such provision or part thereof shall be deemed null and void to the ~t
that it may be in conflict ti~e~ewith, without inwlld~ting the remaining provisions hereof, and in
order to ~te ff~e intent of the foregoing, the provisions of this Suretyship are cleo~,~l
severable.
Suretyship - page 4
17. MISciiLIANEOUS. This Sumyship shall inure to the bene/it of iWI, its.successors, assigns,
endorsees, or any other Pe~on or Pel~ans, induding any banking institution or institutiom, to
which AWI may ~r'ant any interest in the Principal Debtor's l .laBilities to AWI or any c~ them, and
shall be binding upon the Surety and the Smety's executors, aclzn/nis~rators, successors, asdgns,
a~A other representatives, both personal and legal. In the event that the SUZety sb=n because
deceased, the estam of Sruety shall be fully liable h~=ander to the same exl~rt as is Surety, av~
adequate provisions, reasonably satidactory to AWI, shall be made for such li=~tity. Any &m=e
the sam~ or eny othe~ right at any other time. Smety intende this to be a sealed instrument and to
'be legally bound hereby. All issues at~ hereunder shall be governed and d=i~,~aned by the
laws of the Commonwealth o~ Pennsylvania. THE LIABILITY O1= THE ElX.rlTITES
COMPROMISING SUR~I l l-m~ SHALL BE JOINT AND SEVERA~
IN WI'I'NF_SS WHEREOF, and ]IN 1'tax, DING TO BE LEGALLY BOUND ~¥, the Sm=fy
has executed or caused tiffs Smetyship to be executed on the ctay and year tn~t above writmn.
Note: In all cases where Suzety's signatuzes aze requized, each Surety's spouse must also sign in
the aF¥~oF~iat~ locatior~ All Stuety and spouse ~mes must also be induded in paragraph one of
Su~ty~
Spou~ of Sul~y ~2
Spouse of Surety #3
Sm-~ahip - page 5
TH~S PAGE INTENTIONALLY LEFF BLANK
PARTIES *
Debtor name (last name first if individual) and mailing address:
Debtor name (last nor~ ti~ if ii'ld'widual) ~ rreJling addmes:
fiNANCING ~TATEMENT
Uniform Commercial Code Form UCC-1
fling No. (stamped by tiling oificar): Date, 'Rme, Filing Off'me (stamped by fling olticer):
Debtor name (last name first if individual) ~d mailing address:
Secured Patty(les) name(s) (last name tirst if individual) and addrees for security
interest inb'mabon:
RobeeeXli~ PA lg551
Assig~ee(s) e! Boeurad Pally name(s) (last r~ma tirst if in&vidual) and address
for security infomst infan, calbn:
5
This Rnaneing Statement is presantad for tiling pursuant to ~ Uniform Commercial Code, and is to
be fl_.~l with t~e (chsc~ applicable box):
la ' [~. Seaeto~y of Ihe Co mmanweatih.
I'1 Prothonotay of
[] real estoto recerds of
Number ol Addidonol Sheets (if any):
lb Optiasal Special Identification (Max. 10 characters):
COLLATERAL
Identify collateral by item and/or type:
2
County.
County.
6
7
8
$1~1 Types of Parties (check if applicabla):
[]The te'ms 'Debtor' and 'Secured P~ mean 'Lessee' and 'Lessor,'
I-I'R~ ~ms 'Debto~ and 'Secured Party" mean 'Consignee' and 'Consignor,"
[] Debar is ~ Transmitting Utili~.
3
SECURED PARTY SIGNATURE(S)
This statement is filed with only the Secored Pa n'y's signature to perfect a
security interest in collatersJ (check applicable box(es)-
a. [] acquiredafterachangeofname, IdeetKyor~orperntestmntumofthe
Debar.
b. [] astowhichthefllinghaslal~ed.
c. alreedy scbjsct fo a ceourity intorest in asothor county in PennsyNania -
[] when the collatond was moved to this county.
[] when fie Debtor's residence or I~eee of businees was moved to this
county,
d. a[reedy su~eet fo a sccurfty intarest in annt hor juriddintlon - [] when the coitetoml was moved fo Pennoyk, an~.
[] when the Debtor's location wes moved to Pannsyhrsnla.
e. [] which is pmc~ of the collatarsl described in block 9, in which a security
interest was PreetOusly petidctad (also describe proceeds in bfoc~ 9, if
purchased with cash p~ceeds and not adequatoly deecr[bed on '~e originol
§nanc~ng statement).
Seeured Party Signature(s)
(required only if dex(es) is checked above):
~ (check only ff desired) Products of tnd sollatarsl are also cavered. 9
Identify related real e~ate, if applicab{e; ~ collata~l is, or indudes (check appmprlata box(es) -
~. [] cmpsgrowingortobegmwnan-
b. [] gcodswhichareoraretobesomeitxtumoan-
c. [] minemlanr~elike(inctudingoilandgas)asexlractadan-
d. [] ancountsmasltinglromtheeeleofminomlsnr~ndlike(lndudingoilandgas)at~he
wellheed or mineheed on-
Ce following reel estate:
Street Address:
Described at: Book of (check one) [] Deeds [] MoKgages, at Page(s) ,
for County. Unarm Parcel Iden~er
I-I Described on Adci~nal Shas~
Name of record owner (recpired anly if no Debtor has an interest of record):
DEBTOR SIGNATURE(S)
De~r Signature(~): ~ / ~.
RETURN RECEIPT TO:
'T'honm~ Teeter
Amc=iai:ad INl~esal~ars, Inc.
Box 67
R~*, PA 1~51
10
4 12
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML DIVISION
ASSOCIATED WHOLESALERS, INC.,
Plaintiff
MOHAM. SWARTI,
Defendant
CIVIL ACTION - LAW
No. o ,-
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.
A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
Prothonotary Civil Di .9~
If you have any questions regard'mg 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 PA.R.C.P. 236.)
Notice sent to:
NAME Mohamad Swarti
ADDRESS 12 North Baltimore Street
Mt. Holy Sl~rines, PA 17065
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ASSOCIATED WHOLESALERS, INC.,
Plaintiff
MOHAM. SWARTI,
Defendant
CIVIL ACTION - LAW
No.
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 documents filed with the Prothonotary in support of the with/n judgment is/are
enclosed.
Prothonotary Civil Div~,j
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 PA.R.C.P. 236.)
Notice sent to:
NAME Mohamad Swarti
ADDRESS 12 North Baltimore Street
Mt. Holy Sl~rin~s, PA 17065