HomeMy WebLinkAbout13-6340 In the Court of Common Pleas of York County, Pennsylvania
WRIT OF EXECUTION
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ASSOCIATED WHOLESALERS, INC Case No, 2013 NO 6672- 30rriCD
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MINESH B SHAH"
e C -.._
RITA SHAH A /K /A HETAL SHAH
RAJESH B SHAH
ASHA R SHAH
NIRAV R SHAH
To the Sheriff of CUMBERLAND County:
To satisfy the judgment, interest and costs against RAJESH B SHAH AND ASHA R
SHAH LOCATED AT 305 ERFORD ROAD CAMP HILL, PA 17011 AND NIRAV R SHAH LOCATED
AT 5 BRODRICK COURT LEOLA, PA 17540 Defendant,
(1) you are directed to levy upon the property of the Defendant and to sell
the Defendant's interest therein;
(2) you are also directed to attach the property of the Defendant not levied
upon in the possession of , Garnishee,
(Specifically describe property)
ANY AND ALL BUSINESS AND PERSONAL PROPERTY OF DEFENDANTS RAJESH B SHAH AND
ASHA R SHAH AND NIRAV R SHAH INCLUDING BUT NOT LIMITED TO FURNITURE, ALL
INVENTORY, EQUIPMENT, ELECTRONICS, SUPPLIES, TOOLS, ACCOUNTS RECEIVABLE,
CASH, PERSONAL PROPERTY, ETC
and to notify the Garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the Garnishee is enjoined from
paying any deft to or for the account of the Defendant and from
delivering any property of the Defendant or otherwise disposing
thereof;
(c) the attachment shall not include
(i) the first $10,000 of each account of the Defendant with a bank
or other financial institution containing any funds which are
deposited electronically on a recurring basis and are identified
as being funds that upon deposit are exempt from execution, levy
or attachment under Pennsylvania or federal law.
(ii) each account of the Defendant with a bank of other financial
institution in which funds on deposit exceed $10,000 at any time
if all funds are deposited electronically on a recurring basis
and are identified as being funds that upon deposit are exempt
from execution, levy or attachment under Pennsylvania or federal
law.
Vf [
any funds in an account of the defendant with a bank of other
financial institution that total $300 or less. If multiple
.accounts are attached, a total of $300 in all accounts shall not
be subject to levy and attachment as determined by the executing
officer. The funds shall be set aside pursuant to the '
Defendant's general exemption provided in 42 Pa.C.S. § 8123.
2013 NO 6672 -30
(3) if property of the Defendant not levied upon and subject to attachment is
found in the possession of anyone other than a named Garnishee, you are
directed to notify such other person that he or she has been added as a
Garnishee and is enjoined as above stated.
Amount of judgment: $3,307.27
Docket costs: $130.50
Amount of interest: $198.44 (LEGAL INTEREST IN AMT OF 6 1 6)
Attorney fees /Commission: $1,500.00 (ESTIMATED)
plus Sheriff's costs.
Seal of the Court
Pamela S. Lee, Prothonotary
My Commission expires January 2, 2016
Date: OCTOBER 10, 2013
BY
Deputy
Requested by:
GLENN J SMITH, ESQ
PA #85925
CGA LAW FIRM
135 N GEORGE STREET
YORK, PA 17401
(717) 848 -4900
(717) 843 -9039
COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
ASSOCIATED WHOLESALERS, INC. Civil Action -Law
Plaintiff No.: Thursday, October 10, 2013 3:26 PM
V. 2013-N
MINESH B. SHAH
RITA SHAH
a.k.a. HETAL SHAH
Z
i , --t z
'— - m
RAJESH B. SHAH o .
rn �-c
M
ASHA R. SHAH
ca A
NIRAV R. SHAH
Defendants.
PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue a writ of execution upon judgment entered by confession in the above matter,
(1) directed to the sheriff of Cumberland County;
(2) against, Defendants; and
(3) against NIA , garnishee;
(00752110/1)
(4) and direct sheriff to levy on the business and personal property of Defendants, Minesh B.
Shah and Rita Shah a/k/a Hetal Shah located at 208 Glyndon Watch Lane, Resiterstown,
Maryland 21136, Defendants, Rajesh .B. Shah and Asha R. Shah located at 305 Erford
Road, Camp Hill, Pennsylvania 17011, and Defendant, Nirav R. Shah located at 5
Brodrick Court, Leola, Pennsylvania 17540, as follows (specifically described property):
including but not limited to, furniture, all inventory, equipment, electronics, supplies,
tools, accounts receivable, cash, personal property, etc.
(5) Payments due under the Suretyship $3,307.27
Legal Interest in the amount of 6% $ 198.44
Attorney's Commission (estimated) $1,500.00
Costs to be added $ 750.75
TOTAL $5,756.46
CERTIFICATION
I certify that
(a) This praecipe is based upon a judgment entered by confession, and
(b) Notice will be served with the Writ of Execution pursuant to Rule 2958.3
Dated:, 2013
Smith squire_
PA # 85925
CGA Law Firm
135 N. George St.
York, PA 17401
717 - 848 -4900
717 - 843 -9039
Attorney for Plaintiff
(00752110/1)
Associated Wholesalers, Inc. , : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
Cs
MINISH B. SHAH, : No. 13-6340 CIVIL Z
RITA SHAH Zc '`'
a/k/a HETAL SHAH, • =�'-- _
RAJESH B. SHAH, - N c'
ASHA R. SHAH and • '<c-73 -ra
NIRAV R. SHAH •
Defendants : Civil Action-Law
TO STRIKE AND/OR OPEN JUDGMENT ENTERED BY CONFESSION
AND NOW come defendants, by their attorney, Kent H.
Patterson, and file this petition to strike and/or open judgment
entered by confession, as follows :
1 . Petitioners are defendants, Minish B. Shah, Rita Shah
a/k/a Hetal Shah, Rajesh B. Shah, Asha R. Shah and Nirav R. Shah.
2 . Respondent is plaintiff, Associated Wholesalers , Inc.
3 . Plaintiff commenced the within civil action on October
10 , 2013 by filing a complaint for confession of judgment for
money in the Court of Common Pleas of York County, docketed at
No. 2013-NO-006672-30 .
4 . The complaint alleges that defendants agreed to
guarantee debts of Kushans Enterprises, LLC under an agreement of
suretyship, that Kushans Enterprises, LLC owed plaintiff
$3 ,307 .27 for services rendered to it, and that neither Kushans
Enterprises nor defendants had paid the monies that were owing to
plaintiff.
4 . Simultaneously with the filing of the complaint,
plaintiff filed a warrant of attorney (confession of judgment)
confessing judgment against defendants for $5 ,756 . 46 which was
itemized as follows :
A. Payments due under suretyship $3 ,307 . 27
B. Legal Interest in the amount of 6% 198 . 44
Attorneys commission (estimated) 1 ,500 . 00
Docket costs 750 . 75
TOTAL $5, 756 . 46
5 . Copies of the complaint and the exhibits attached to
it (security agreement, suretyship agreement and letter) , the
warrant of attorney (confession of Judgment) , petition to strike
judgment form (form prescribed by Rule 2967) , notice under Rule
2958 . 3 and affidavit of non-retail installment contract are
attached to this petition in the order in which they were stapled
together and mailed by the prothonotary and are collectively
marked Exhibit A.
6 . The Prothonotary of York County entered judgment in the
amount of $5, 756 . 46 in favor of plaintiff and against defendants
and on October 10 , 2013 issued a notice of the filing of judgment
- 2 -
to which an affidavit of non-military service was attached.
Copies of the notice of filing of judgment and the accompanying
affidavit are attached to this petition and marked Exhibit B.
7 . Simultaneously with the filing of the complaint on
October 10 , 2013 , plaintiff filed a praecipe for writ of
execution with the Prothonotary of York County, requesting that a
writ of execution be issued directing that the Sheriff of
Cumberland County levy on property of Defendants Rajesh B. Shah
and Asha R. Shah located at their residence at 305 Erford Road,
Camp Hill, PA 17011 (East Pennsboro Township) and property of
Nirav R. Shah located at 5 Broderick Court, Leola, PA 17540 .
Defendants were unaware of filing of the writ of execution until
it was served on Defendant Rajesh Shah.
8 . On October 28 , 2013 , the writ of execution which was
issued by the Prothonotary of York County in accordance with the
praecipe filed by plaintiff was docketed by the Prothonotary of
Cumberland County at the number referred to in the above caption.
8 . On November 6 , 2013, the deputies of the Office of
Sheriff of Cumberland County served Defendants Rajesh B. Shah and
Asha R. Shah with the writ of execution and accompanying
documents consisting of the praecipe for the writ of execution,
writ of execution notice and claim for exemption form. Copies of
- 3 -
the writ of execution and accompanying documents are attached to
this petition in the order in which they were stapled together
and delivered and mailed to Defendants Rajesh B. Shah and Asha R.
Shah and are marked Exhibit D
9 . Venue for the filing of this petition is proper in
Cumberland County in that Pa.R.C. P. 2959 (a) (1) provides that a
petition requesting relief from a judgment by confession may be
filed in a county "in which the sheriff has received a writ of
execution directed to the sheriff to enforce the judgment. "
Petition to Strike Judgment
10 . Paragraphs 1 through 9 are incorporated by reference .
11 . The judgment entered against defendants by confession
should be stricken for the following reasons :
a. Defendants did not voluntarily, intelligently and
knowingly give up their rights to notice and hearing prior to
entry of judgment.
b. The complaint does not properly and specifically
allege an averment of default. It alleges a default and attaches
an undated letter to Defendant Rajesh Shah but does not attach
the statement of account to which the letter refers .
12 . Plaintiff is a wholesale distributor of grocery and
other items which sells products to convenience stores and
- 4 -
grocery stores .
13 . Defendants Minesh B. Shah, Rajesh B. Shah and Nirav R.
Shah are members of Kushans Enterprises, LLC and Defendants Rita
Shah a/k/a Hetal Shah and Asha R. Shah are spouses of members of
Kushans Enterprises, LLC.
14 . Prior to Kushans Enterprises, LLC signing the security
agreement on October 20 , 2009 and defendants signing the
suretyship agreement on or about the same date, Kushans
Enterprises , LLC was new to the convenience store business and
was making arrangements to lease and open a store .
15 . Prior to Kushans Enterprises, LLC and defendants
signing the agreements, Plaintiff represented to Kushans
Enterprises , LLC and defendants that it was a member owned
cooperative which operated for the benefit of its members in
selling grocery and other items to them at wholesale prices for
resale by them at retail stores .
16 . At that time, Plaintiff further represented to Kushans
Enterprises , LLC and defendants that if Kushans Enterprises , LLC
would become a member of the cooperative that it would receive
stock in the corporation, receive discounted prices for goods
that it would purchase and would also receive rebates on
purchases that it would make .
- 5 -
17 . In reliance on plaintiff' s representations, Kushans
Enterprises , LLC agreed to become a member and shareholder of
plaintiff.
18 . Kushans Enterprises, LLC signed the security agreement
and defendants , as members or spouses of member the Kushans
Enterprises, LLC, signed the suretyship agreement as part of the
documents that plaintiff presented to Kushans Enterprises, LLC
for Kushans Enterprises, LLC to become a member and shareholder
of plaintiff.
19 . In presenting the suretyship agreement to defendants , a
representative of plaintiff advised Defendant Rajesh Shah that
the agreement only required defendants to guarantee the payment
for purchases made by Kushans Enterprises, LLC if Kushans would
not make payment of its account when obligated to do so.
20 . Plaintiff' s representative did not advise defendants
that there was a confession of judgment clause in the suretyship
agreement, did not advise defendants that the agreement would
allow plaintiff to file a judgment against them and subject their
personal assets at any time to execution if plaintiff submitted
that monies were due and owing to it by Kushans Enterprises, LLC,
and did not in any way advise defendants of the ramifications of
a confession of judgment clause which would allow entry of a
- 6 -
judgment without notice or trial .
21 . Defendants did not know that there was a confession of
judgment clause in the agreement, did not understand the language
in the confession of judgment clause and had never heard of a
confession of judgment.
WHEREFORE, defendants request your honorable court to strike
the judgment which was entered against defendants .
Petition to Open Judgment
22 . Paragraphs 1 through 21 are incorporated by reference .
23 . After becoming a member and shareholder of plaintiff,
Kushans Enterprises , LLC made regular purchases of groceries and
other items from plaintiff through October, 2012 at which time it
ceased operating the convenience store.
24 . At the time Kushans Enterprises, LLC stopped operating
the convenience store, plaintiff owed it monies for credits and
returns of merchandise and for rebates on purchases in an amount
of at least $1 ,200 . 00 .
27 . Defendants and Kushans Enterprises, LLC have
meritorious defenses to plaintiff' s complaint for confession of
money judgment as follows :
a. Plaintiff has refused to provide Kushans
- 7 -
Enterprises , LLC with a final invoice and statement of the monies
that it claims is owned by Kushans Enterprises, LLC.
b. Plaintiff owes Kushans Enterprises, LLC for
rebates as a member and shareholder of plaintiff and for other
credits which should be deducted from any money Kushans
Enterprises owes plaintiff.
c. Plaintiff refused to accept a return of unused,
non perishable merchandise from Kushans Enterprises , LLC when
Kushans Enterprises, LLC stopped operating the convenience store
which was contrary to plaintiff' s policies and practices .
d. Plaintiff did not notify Kushans Enterprises , LCC
or defendants that they were in default on monies to it. On the
contrary, plaintiff advised Kushans Enterprises, LLC and
Defendant Rajesh Shah that it would provide a statement and
accounting of the net funds that it believed was owned by Kushans
Enterprises , LLC. Defendant Rajesh Shah did not receive the
undated letter attached to plaintiff' s complaint as Exhibit C.
e . The commutation of the amount owing for counsel
fees and docket costs is unreasonable and not correct.
- 8 -
WHEREFORE, defendant requests your honorable court to open
the judgment by confession which was entered against defendants
in this case .
Respectfully submitted,
//I 2 /
Ke4zt H. Patterson
Attorney for Defendants
221 Pine Street
Harrisburg, PA 17101
(717) 238-4100
- 9 -
VERIFICATION
I , Rajesh B. Shah, verify that the statements in the within
foregoing petition are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to penalties of 18 Pa. C . S .
4904 relating to unsworn falsification to authorities .
Rajesh B. Sha
Date : ills 0ZA13
COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
ASSOCIATED WHOLESALERS, INC.
Route 422, P.O. Box 67
Robesonia, PA 19551 • Civil Action-Law
•
Plaintiff, . No.: 7�,ursday,October 10,2013 338 PM
v, 2013-NO-006672-30
MINESH B. SHAH •
208 Glyndon Watch Lane
Reistertown,MD 21136
RITA SHAH
a.k.a HETAL SHAH •
208 Glyndon Watch Lane
Reistertown, MD 21136 •
• c n� o
RAJESH B. SHAH ° .
305 Erford Road n o 4
Camp Hill, PA 17011 rn ?,;
z -"ri rn
ASHA R. SHAH • • , Q
305 Erford Road • -�
Camp Hill, PA 17011 '•• fl
r0 a-4
•
NIRAV R. SHAH • -�
5 Brodrick Court
Leola, PA 17540
Defendants. :
(oonzilon) IrG\L ' l k iI 1
COMPLAINT FOR CONFESSION OF JUDGMENT IN MONEY
AND NOW, TO WIT, this .`0 day of October, 2013, comes Plaintiff,Associated
Wholesalers, Inc. ("AWI"), by and through its counsel, Glenn J. Smith, Esquire, and CGA Law
Firm, and files the following Complaint for Confession of Judgment and in support thereof avers
the following:
1. AWI is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania with its principle office or place of business at Route 422, P.O.
Box 67, Robesonia, Pennsylvania 19551.
2. Upon information and belief, Kushans Enterprises, LLC ("LLC"), is a limited
liability company organized and existing under the laws of the Commonwealth of Pennsylvania
with a last know principal office situated at 305 Erford Road, Camp Hill, Pennsylvania 17011.
2. Defendants, Minesh B. Shah and Rita Shah a/k/a Hetal Shah, husband and wife,
are adult individuals residing at 208 Glyndon Watch Lane in Resiterstown, Maryland 21136.
3. Defendant, Minesh B. Shah, is the self-purported vice president of the LLC.
4. Defendants, Rajesh 13. Shah and Asha R. Shah,husband and wife, are adult
individuals residing at 305 Erford Road, Camp Hill, Pennsylvania 17011.
=to zi
5. Defendant, Rajesh B. Shah, is the self-purported president of the LLB w
O
6. Defendant,Nirav R. Shah, is adult individuals residing at 5 Brodrick outt,.
Z ° rfl
Leola, Pennsylvania 17540. -o
CI
C7
7. Defendant,Nirav R. Shah, is the self-purported treasurer of the LLC. o
{00752110/I)
8. AWI is a member-owned wholesale grocery and general merchandise
cooperative.
9. The LLC is and/or was a grocery store.
COUNT I: CONFESSION OF JUDGMENT FOR MONEY
10. AWI incorporates the responses of every paragraph enumerated herein above as if
said paragraphs were fully set forth here at length.
11. On October 20, 2009, the LLC entered into a written Security Agreement
("Agreement") with AWI to purchase of inventory, goods and merchandise from AWI,which
would then be sold at the LLC. A true and correct copy of the Agreement is attached hereto,
made a part hereof and marked as Exhibit "A".
12. In conjunction with the Agreement, Defendants, Minesh B. Shah, Rita Shah a/Ida
Hetal Shah, Rajesh B. Shah, Asha R. Shah, and Nirav R. Shah("Defendants") entered into a
written Suretyship with AWI wherein Defendants agreed to be the sureties for the LLC for all
debts owed to AWI rising out of the service provided to the LLC by AWI. A true and correct
copy of the Suretyship is attached and incorporated herein as Exhibit"B".
13. The LLC is indebted to AWI for services provided in the amount of$3,307.27
14. AWI made a written demand("Demand Letter")to the LLC and Defendants
requesting that payment in the aforementioned amount be paid. A true and correct copy of the
Demand Letter is attached hereto and incorporated herein as Exhibit"C".
15. After repeated demands, the LLC and Defendants have failed to make the
required payment.
(007 52110/1)
VIMOP
16. The LLC and Defendants are in default under the Agreement and Suretyship
respectively for failing to make the required payments.
17. Paragraph No. 8 of the Suretyship,titled"Confession", gives AWI the ability to
enter Confession of Judgment for Money against Defendants. See Exhibit"B."
18. Paragraph No. 8 of the Suretyship provides that AWI is entitled to any accrued
interest on the balance owed. See Exhibit"B".
19. Paragraph No. 8 of the Suretyship also provides for attorneys' fees and costs in
the event of a default under the Suretyship. See Exhibit"B".
20. The sums presently due and payable under the Suretyship pursuant to the defaults
of the LLC Defendants are computed as follows:
A. Payments due under the Suretyship $3,307.27
B. Legal Interest in the amount of 6% $ 198.44
C. Attorney's Commission(estimated) $1,500.00
D. Docket Costs: $ 750.75
TOTAL $5,756.46
21. There has been no assignment of this instrument.
22. No judgment has been previously entered on the Suretyship.
23. The condition precedent to confession of judgment has been performed or has
occurred.
24. Judgment is not being entered against a natural person in connection with a
consumer credit transaction.
(00752 110/1)
WHEREFORE, Plaintiff, Associated Wholesalers, Inc., by and through its attorneys,
CGA Law Firm, hereby confesses judgment in favor of AWI and against Defendants,Minesh B.
Shah, Rita Shah a/k/a Hetal Shah, Rajesh B. Shah, Asha R. Shah, and Nirav R. Shah, and
simultaneously herewith requests the Prothonotary to enter judgment against Defendants in the
amount of$5,756.46, plus additional interest and attorneys' fees and costs at judgment and
ongoing forward.
Respectfully Submitted,
CGA Law Firm
By:
•
Gl; %. Smith
# 8592
135 N. George St.
York, PA 17401
717-848-4900
717-843-9039
Attorney for Plaintiff
{00752110/1)
COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
ASSOCIATED WHOLESALERS, INC. :
Route 422, P.O. Box 67 •
Robesonia, PA 19551 Civil Action-Law
Plaintiff, No.:
MINESH B. SHAH
208 Glyndon Watch Lane
Reistertown, MD 21136 ••
RITA SHAH •
a.k.a HETAL SHAH
208 Glyndon Watch Lane
Reistertown,MD 21136
RAJESH B. SHAH
305 Erford Road
Camp Hill, PA 17011
ASHA R. SHAH
305 Erford Road
Camp Hill, PA 17011 •
NIRAV R. SHAH
5 Brodrick Court
Leola,PA 17540
Defendants. :
PETITION TO STRIKE JUDGMENT
REQUEST FOR PROMPT HEARING
I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to
notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on
this ground and request a prompt hearing on this issue.
(00752110/I)
I verify that the statements made in this Request for Hearing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Notice of the hearing should be given to me at
Address
City, State
Telephone Number
Dated:
Defendant(s)
{00752110/1)
COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
ASSOCIATED WHOLESALERS, INC. :
Route 422, P.O. Box 67
Robesonia, PA 19551 Civil Action-Law
Plaintiff, No.:
•
v.
MINESH B. SHAH
208 Glyndon Watch Lane
Reistertown, MD 21136
RITA SHAH
a.k.a HETAL SHAH ° w 0
208 Glyndon Watch Lane a ,
Reistertown, MD 21136 • o - 0
RAJESH B. SHAH
305 Erford Road : -< z
Camp Hill, PA 17011
-v c
ASHA R. SHAH
305 Erford Road
Camp Hill,PA 17011
NIRAV R. SHAH
5 Brodrick Court
Leola, PA 17540
•
Defendants. :
NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREIN
NOTICE OF DEFENDANT'S RIGHTS
To Minesh B. Shah, Rita Shah a/k/a Hetal Shah, Rajesh B. Shah,Asha R. Shah, and Nirav R.
Shah:
A judgment in the amount of$5,756.46, has been entered against you and in favor of
Plaintiff without any prior notice or hearing based on a confession of judgment contained in a
(00752110/1}
written agreement or other paper allegedly signed by you. The court has issued a writ of
execution which directs the sheriff to take your money or other property owned by you to pay the
judgment.
If your money or property has been taken, you have the right to get the money or property
back if you did not voluntarily, intelligently and knowingly give up your constitutional right to
notice and hearing prior to the entry of judgment or if you have defenses or other valid
objections to the judgment.
You have the right to a prompt court hearing if you claim that you did not voluntarily,
intelligently and knowingly give up your rights to notice and hearing prior to the entry of
judgment. If you wish to exercise this right, you must immediately fill out and sign the petition
to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of
York County at the York County Judicial Center at 45 N. George St., York, PA 17401.
IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO
REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN
SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF.
YOUR MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THRITY(30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOT FEE.
Attorney Connections
137 East Market Street
York, PA 17401
(717) 854-8755
-.....„,1111e11111IP
Smith, :quire
CGA Law Firm
135 N. George St.
York, PA 17401
Attorneys for Plaintiff
(00752110/1)
COURT OF COMMON PLEAS
YORK COUNTY,PENNSYLVANIA
CIVIL ACTION—LAW
ASSOCIATED WHOLESALERS,INC. :
Route 422,P.O. Box 67
Robesonia, PA 19551 Civil Action-Law
Plaintiff, • No.:
•
v. ••
•
MINESH B. SHAH ••
208 Glyndon Watch Lane
Reistertown,MD 21136 ••
RITA SHAH •
a.k.a HETAL SHAH ••
208 Glyndon Watch Lane ••
Reistertown,MD 21136 ••
RAJESH B. SHAH ••
305 Erford Road
Camp Hill,PA 17011
ASHA R. SHAH ••
305 Erford Road ••
Camp Hill,PA 17011 ••
NIRAV R. SHAH ••
5 Brodrick Court
Leola, PA 17540 •
•
Defendants. :
(0075211011)
AFFIDAVIT THAT ACTION DOES NOT ARISE OUT OF A RETAIL INSTALLMENT
CONTRACT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
I, Glenn J. Smith, Esquire, being duly sworn according to law, depose and say that the
judgment entered to No 2013-NO- (DeZ � , of which Associated Wholesalers, Inc., is
the Plaintiff and Minesh B. Shah, Rita Shah a/k/a Hetal Shah, Rajesh B. Shah,Asha R. Shah, and
Nirav R. Shah are the Defendants, do not arise from an installment sales contract or come within
the purview of the Goods and Services Installment Sales Act, 69 P.S. § 1101, et seq.,nor does it
come under the purview of the Act 6 known as the Loan Interest and Protection Law,41 P.S. §
101, et seq.
' 0,1°P
Glenn :smith, Es, ire
Sworn and subscribed to 85925
Before me this fO1h day 135 N. George St.
'•I OG'Fo&, , 2013 York, PA 17401
717-848-4900
SW' 717-843-9039
Notary P • Attorney for Plaintiff
My Co .ion Expires c „ , Czg
0
o o
COMMONWEALTH OF F- IA , n '"{ rn
Notarl&Seal _
Richard J.Hansberry,No Public a �'"�'
City of York,York County -a <
My Commission Wires Nov.25,2014
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES L7 CAO 2
77 o■ 0
7r CSi —+
't7 .)
(00752110/1)
COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
ASSOCIATED WHOLESALERS, INC. :
Route 422, P.O. Box 67 •
Robesonia,PA 19551 Civil Action-Law
Plaintiff, No.:
•
v.
MINESH B. SHAH
208 Glyndon Watch Lane
Reistertown, MD 21136
RITA SHAH
a.k.a HETAL SHAH
208 Glyndon Watch Lane
Reistertown, MD 21136
RAJESH B. SHAH
305 Erford Road •
Camp Hill, PA 17011
ASHA R. SHAH
305 Erford Road
Camp Hill, PA 17011
NIRAV R. SHAH
5 Brodrick Court
Leola, PA 17540
Defendants. :
{00752110/1)
WARRANT OF ATTORNEY
Pursuant to the authority contained in the `/arrant of Attorney, the original or a copy of
which is attached to the Complaint filed in this action, I appear for Defendants and confess
judgment in favor of Plaintiff and against Defendants as follows:
A. Payments due under the Suretyship $3,307.27
13. Legal Interest in the amount of 6% $ 198.44
C. Attorney's Commission(estimated) $1,500.00
D. Docket Costs: $ 750.75
TOTAL $5,756.46
plus additional interests, attorneys fees, and costs.
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Respectfully Submitted, � -� zm
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CGA Law Firm _0 ,rn
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By: A„, � -�
Mgr . Smith
# 85925
135 N. George St.
York, PA 17401
717-848-4900
717-843-9039
Attorney for Plaintiff
{00752110/1}
SECURITY AGREEMENT
THIS SECURITY AGREEMENT,is made and entered into the A.) day of sliW,200fL, by
and between .,(u.R 5 6.1cfp u.AW1 LA-c- , a C ;r / ;-tc1 organized and existing
under the laws of the State of P ,with its principal offices at c grizrei >
lAYA , PA f7o f-1( r (hereinafter referred to as "Debtor"), and
ASSOCIATED WHOLESALERS, INC., a Pennsylvania corporation, with its principal office at Route 422,
P.O. Box 67, Robesonia,Pennsylvania 19551 (hereinafter referred to as"Secured Party").
WITNESSETH:
WHEREAS, Secured Party is a member-owned cooperative whose primary purpose is wholesale
purchase and distribution of grocery store items;
WHEREAS, Debtor is a member and customer of said cooperative and intends to purchase inventory,
goods and merchandise for sale in Debtor's store(s); and
WHEREAS, Debtor is desirous of purchasing said inventory, goods and merchandise from the
Secured Party;
WHEREAS, Debtor desires to obtain financing from Secured Party in connection with said purchases
and for other purposes in connection with the operation of its stores; and
WHEREAS, in order to induce the Secured Party to provide such financing, the Debtor has agreed to
enter into this Security Agreement creating a security interest in favor of the Secured Party.
• NOW, THEREFORE, in consideration of the mutual covenants contained herein, and intending to be
legally bound hereby, it is herby agreed by the parties hereto as follows:
1. SECURITY INTEREST
(a) The Debtor hereby grants to the Secured Party, and the Secured Party hereby accepts, a
present and continuing security interest in all of the Debtor's personal and other property, wherever located,
and whether now owned or hereafter acquired, and all proceeds. thereof (collectively referred to as
"Collateral"), including the following:
•
Accounts: All "accounts" as defined in the UCC (as defined below) (collectively,
"Accounts");
Chattel Paper: All "chattel paper" as defined in the UCC (collectively,"Chattel Paper")
Inventory: All "inventory"as defined in the UCC.(collectively, "Inventory')
Equipment: All "equipment"as defined in the UCC (collectively,"Equipment")
Instruments: All "instruments" as defined in the UCC (collectively,"Instruments")
Investment Property: All "investment property"as defined in the UCC (colle
"Investment Property") EXHIBIT
Security Agreement -page 1 C-1 I A
Deposit Accounts: All "deposit accounts" as defined in the UCC (collectively "Deposit
Accounts")
Documents: All "documents" as defined in the UCC(collectively, "Documents")
Letter of Credit Rights: All "letter of credit rights" as defined in the UCC (collectively "Letter
of Credit Rights")
General Intangibles: All `general intangibles" as defined in the UCC (collectively, "General
Intangibles")
(b) For purposes of this Agreement, "UCC" shall mean the Uniform Commercial code as in effect
in the Commonwealth of Pennsylvania. Any term used in the UCC and not otherwise defined in this
Agreement shall have the meaning given to the term in the UCC.
(c) Debtor warrants that the security interest granted herby in the Collateral shall constitute no less
than a first priority security interest and lien upon the Collateral subject to no other liens without the written
consent of Secured Party. Debtor agrees, at its own expense, to provide the Secured Party with a UCC-1
search report as evidence that the security interest granted herby shall be no less than a first priority security
interest and lien upon the Collateral.
2. PERFECTION OF SECURITY INTERESTS.
(a) Filing of Financial Statement
(i) Debtor authorizes Secured part to file financing statements and amendments
and continuations thereof (the "Financing Statement") describing the Collateral, including, if any of the
Collateral is or is to become a fixture, appropriate fixture filings in the real estate records of the applicable
jurisdiction, all such filings to be at the cost and expense of Debtor.
(ii) Debtor authorizes Secured Party to file a Financing Statement describing any
agricultural liens or other statutory liens held by Secured Party.
Security Agreement—Page 2 i) Secured Party may require prior to the closing an official report from the
Secretary of State of each state where Collateral is located, where Debtor has its chief executive office and
where Debtor is incorporated, indicating that Secured Party's security interest is prior to all other security
interests reflected in the reports.
(b) Possession.
(i) Debtor shall have possession of the Collateral, except where expressly
otherwise provided in this Security Agreement or where Secured Party chooses to perfect its security interest
by possession in addition to the filing of a financing statement.
•
(ii) Where Collateral is in the possession of a third party, Debtor will join with
Secured Party in notifying the third party of Secured Party's security interest and obtaining an
acknowledgement from the third party that it is holding the Collateral for the benefit of Secured party.
•
•
Security Agreement -page 2 C-2 04/09
•
(c) Control. Debtor will cooperate with Secured Party in obtaining control with
respect to Collateral consisting of:
(i) Deposits;
(ii) Investment Property;
(iii) Letter of credit rights; and
(iv) Electronic chattel paper
(d) Marking of Chattel Paper. Debtor will not create any Chattel Paper without placing a
legend on the Chattel Paper acceptable to Secured Party indicating that Secured Party has a security interest in
the Chattel Paper.
(e) Purchase Money Security Interest. The security interest granted herein is a purchase
money security interest to the extent that it secures amounts advanced to the Debtor by the Secured Party for
the purchase of Collateral.
3. SECURED OBLIGATIONS.
The security interest of the Secured party in the Collateral shall secure all of the Debtor's
obligations to the Secure party, whether now existing or hereafter arising, including without limitation, the
following: (i) Debtor's Indebtedness (as defined below) and other obligations under this Security Agreement
and all documents and agreements, increases and extensions and replacements (all of the foregoing
collectively, the "Related Agreements"), which are hereby incorporated herein by reference, and all other
liabilities pursuant to any other Indebtedness, now, heretofore or hereafter incurred by or for the benefit of
Debtor; (ii) to pay all costs and expenses incurred by the Secured Party in the collection and enforcement of
• any and all of the aforesaid obligations and/or liabilities of the Debtor to the Secured Party; and (iii) to pay
interest on all of the foregoing at the legal rate. The term "Indebtedness" as herein used shall mean all
obligations and liabilities of,the Debtor to the Secured Party for the payment or reimbursement of money
including, without limitation, (i) under or pursuant to any or all of the Related Agreements, (ii) on any open
account or other similar credit accommodation, (iii) for the repayment or reimbursement of ay amounts that
Secured Party pays or becomes liable to any other person for the benefit or account of Debtor, including under
any guaranty provided by Secured Party, and (iv) under any purchase supply agreement, note and/or ay other
agreement or document creating or imposing upon Debtor an obligation to make payments to Secured Party,
and any and all renewals, modification, amendments, increases and extensions, and replacements of any of the
foregoing. Except as hereinafter provided with respect to the sale of the Collateral, Secured party shall not be
under any obligation to release any item of Collateral unless and until all Indebtedness shall have been paid to
the Secured Party in full. •
4. LOCATION OF COLLATERAL; INCORPORATION, OFFICES AND EXACT LEGAL
NAME OF DEBTOR.
The Debtor hereby represents and warrants to the Secured Party as follows:
(a) All of the Collateral now or hereafter owned by Debtor which is in the nature of tangible
personal property, together with all books and records relating to accounts receivable, is and shall continue to
be located in the Store. Debtor shall give the Secured Party not less than 20 days prior written notice of any
change in or discontinuance of the aforesaid location.
•
Security Agreement - page 3 C-3 04/09
(b) Debtor's chief executive office is located in the State of_4404182, _
at the address set forth in the first paragraph of this location.
(c) Debtor's state of incorporation is the State of flyer, and its exact
legal name is as set forth in the first paragraph of this agreement;
5. POST-CLOSING COVENANTS AND RIGHTS CONCERNING THE COLLATERAL.
(a) Inspection. The parties to this Security Agreement may inspect any Collateral in the
other party's possession, at any time upon reasonable request.
(b) Personal Property. The Collateral shall remain personal property at all times. Debtor
shall not affix any of the Collateral to any real property in any manner which would change its nature from that
of personal property to real property or to a fixture.
(c) Secured Party's Collection Rights. Secured Party shall have the right at any time to
enforce Debtor's rights against the account debtors and obligors.
(d) Limitations on Obligations Concerning Maintenance of Collateral.
(i) Risk of Loss. Debtor has the risk of loss of the Collateral
(ii) No Collection Obligation. Secured Party have no duty to collect any income
accruing on the Collateral or to preserve any rights relating to the Collateral.
(e) No disposition of Collateral. Secured Party does not authorize, and Debtor agrees not
(i) Make any sales or leases of any of the Collateral.
(ii) License any of the Collateral; or
(iii) Grant any other security interest in any of the Collateral.
So long as no default hereunder and/or under any Indebtedness shall have occurred and be continuing,Debtor
may sell inventory in the ordinary course of its retail grocery business.
6. COLLECTION OF ACCOUNTS RECEIVABLE.
Secured Party shall have the right to notify the account debtors obligated on any or all of the
Debtor's accounts receivable, to make payment directly to the Secured Party, which right the Secured party
may exercise at any time provided the Debtor is then in default hereunder and/or under any Indebtedness.
Until such time as the Secured Party elects to exercise such right by mailing to the Debtor written notice
thereof, the Debtor is authorized, as agent of the Secured Party, to collect and enforce said accounts receivable.
The costs of such collection and enforcement, including reasonable attorney's fees and out-of-pocket expenses,
shall be borne solely by the debtor whether or not the same is incurred by the Secured Party or the Debtor.
The Secured Party is hereby authorized to endorse any instrument of payment received in the name of the
Debtor, including instruments containing notations such as "Payment in Full"and the like.
Upon Secured Party's demand after the occurrence of an event of Default under this Agreement, the Debtor
will forthwith upon receipt of all checks, drafts, cash and other remittances in payment of Collateral sold or in
Cernrity A orpernent -nacre 4 C-4 11A MCI
•
payment of or on account of the Debtor's accounts receivable, deposit the same in a special bank account
maintained by Secured Party, over which Secured Party alone has power of withdrawal. The funds in said
account shall be held by the Secured Party as security for the Indebtedness of the Debtor to the Secured Party,
secured hereby. Said proceeds shall be deposited in precisely the form received, except for the endorsement of
the Debtor where necessary to permit collection of items, which endorsement the Debtor agrees to make, and
which the Secured Party is also hereby authorized to make on the Debtor's behalf. Pending such deposit, the
Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any of the
Debtor's funds or property, but will hold them separate and apart.there from and upon an express trust for
Secured Party until deposit thereof is made in the special amount. The Secured Party will, at least once a
week, apply the whole or any part of the collected funds on deposit in the special account against the principal
and/or interest of the indebtedness secured hereby, the order and method of such application to be in the
discretion of Secured Party. Any portion of said funds on deposit in the special account with Secured Party
elects not to so apply may,but need not,be paid over by Secured Party to the Debtor.
7. FURTHER COVENANTS OF THE DEBTOR.
The Debtor covenants:
(a) That the Debtor will and hereby authorizes the Secured Party to record, register and file
such notices, certificates of title, financing statements and other documents or instruments as may, from time
to time, be requested by Secured Party to fully carry out the intent of this security agreement, with such
administrative or governmental agencies as may be necessary or advisable, in the sole discretion of Secured
Party, in order to perfect, establish, confirm and/or maintain the security interest and lien created hereunder as
a legal, valid and binding security interest and lien upon the collateral in the United States.
(b) That the Debtor shall furnish to the Secured Party evidence of every such recording,
registration and filing;
(c) That the Debtor shall execute and deliver or perform, or cause to be executed and
delivered or performed, such further and other instruments as the Secured Party reasonably determines are
necessary or desirable to fully carry out the purpose and intent of this Security Agreement;
(d) That the Debtor will not subject the Collateral to any adverse lien, security interest or
encumbrance of any nature whatsoever, except for the Secured Party's security interest hereunder, otherwise in
favor of the Secured Party and other than security'interests specifically consented to in writing by Secured Party;
(e) That the Debtor shall keep the Collateral in good order and repair, ordinary wear and tear
excepted, shall not waste, destroy, abandon, injure or conceal the Collateral, and shall not permit or suffer any
other person or entity to use the Collateral in violation of any statute, ordinance or other rule;regulation or order
of any governmental authority;
(f) That the Secured Party and its agents shall have access to examine and inspect the Collateral at any
time and wherever located, and that the Debtor will at all times keep accurate and complete records of the
Collateral and accounts receivable and Secured Party, or any of its agents, shall have the right to call at the
Debtor's place of business at intervals to be determined by the Secured Party, and without hindrance or delay, to
inspect the Collateral and,to inspect, audit, check and make abstracts from the books, records,journals, orders,
receipts, correspondence and other data relating to the Collateral and accounts receivable or to any other
transaction between the parties hereto;
Security Agreement -page 5 C-5 04/09
(g) That the Debtor shall obtain and keep in full force and effect insurance on the Collateral
against hazards and liabilities, in such amounts and with such companies as shall be reasonably satisfactory to
the Secured Party,all such policies of insurance to insure the Secured Party as its interest may appear and to bear
a lender's loss payable clause and 30 days notice of cancellation or material change endorsements in favor of
Secured Party. if the Debtor fails to obtain insurance as above provided, the Secured Party may procure such
insurance, and any expenses of Secured Party in doing so will be added to the Indebtedness secured hereby and
will be payable by the Debtor to the Secured Party on demand. The proceeds of any such insurance, (including
returned premiums), may at Secured Party's option be applied either to reduce the Indebtedness or to repair or
replace the Collateral. The Debtor hereby irrevocably appoints Secured Party,or its assigns, as their attorney-in-
fact in obtaining, adjusting, settling and canceling such insurance and endorsing, in the name of the Debtor, any
insurance draft or check in connection therewith;
(h) Except as provided for in this Security Agreement and/or the Agreement, that the Debtor
will not sell, lease, assign, encumber or transfer the Collateral or any interest therein, except where such
Collateral so sold,or otherwise disposed of, is replaced by other collateral of equal or greater value;
(i) That the Debtor shall, upon request of Secured Party, deliver to the Secured Party all
chattel paper, promissory notes, documents and other writings evidencing the Collateral, duly endorsed or
assigned; "
(j) That the Debtor will defend Secured.Party's right,title and interest in and to the Collateral
created hereby from any claim by any other person or entity asserting a prior interest in the Collateral.
(k) That the Debtor will not change the state where it is located nor change its corporate
name without providing the Secured Party with 30 days prior written notice and without obtaining the written
consent of Secured Party to such change.
8. EVENTS OF DEFAULT.
The occurrence of any of the following shall, at the election of Secured Parry, be an Event of
Default:
(a) Any default or Event of Default(as defined) under any of the other Related Agreements
or with respect to any of the Indebtedness;
(b) Debtor's failure to comply with any of the provisions of, or the incorrectness of any
representation or warranty contained in, this Security Agreement, any of the other Related Agreements or in
any other documentation or agreements related to any of the Indebtedness.
(c) Transfer or disposition of any of the Collateral, except as expressly permitted by this
Security Agreement.
(d) Attachment, execution or levy on any of the Collateral;
(e) Debtor or any surety or guarantor of Debtor's obligations to Secured Party voluntarily or
involuntarily becoming subject to any proceeding under (i) the Federal Bankruptcy Code or (ii) any similar
remedy under state statutory or common law.
•
Security Agreement -page 6 C-6 04/09
(f) Debtor shall fail to comply with or become subject to any administrative or judicial
proceeding under any federal, state or local (i) hazardous waste or environmental law, (ii) asset forfeiture or
similar law which can result in the forfeiture of property, or (iii) other law, where noncompliance may have
any significant effect on the Collateral; or
(g) Secured Party shall receive at any time are report from a state office or agency
indicating that Secured Party's security interest is not prior to all other security interests reflected in the report
except as otherwise agreed in writing by Secured Party or Secured Party shall determine that it has reasonable
cause to believe that any lien on any of the Collateral of a third party may be or become prior t the security
interest of Secured Party in such Collateral, whether or not reflected in such report.
9. RIGHTS AND REMEDIES.
•
Upon the occurrence of any event of default or at any time thereafter during the
continuation of such default, at the election of Secured Party, all indebtedness shall be immediately due and
payable, without protest, demand or other notice, which are hereby expressly waived by the Debtors. The
Secured Party may, in addition, exercise all rights and remedies with respect to the Collateral now or hereafter
available to it under the provisions of the Uniform Commercial Code or under applicable law or any other
agreement between the Debtor and the Secured Party or to which the Debtor and the Secured Party are parties,
and, in furtherance,but not in limitation, thereof, the Secured Party may:
(a) Take possession of any Collateral and any books and records relating thereto, and the
Debtor will at Secured Party's request assemble same and deliver to any reasonably convenient location
designated by Secured Party, all at the expense of the Debtor;
(b) Sell or otherwise dispose of the Collateral at one or more public or private transactions
without advertisement or notice except as required by law;
(c) Purchase the Collateral, or any portion thereof, at any public sale or, as to any item of
Collateral customarily sold in a recognized market or the subject of widely distributed standard price
quotations, at private sale, in either event free of all rights of redemption of the Debtor;
(d) Setoff against the indebtedness any balance in any account of deposit of the Debtor or
any sum owing by Secured Party to the Debtor and such setoff shall be deemed made at the time of the default
even though the confirming entry on the records of the Secured Party may be subsequently made;
(e) Collect from any account debtor or other obligor on the Collateral all or any portion of
the sums due thereon and in the course thereof the Secured Party may:
(1) Require that payment thereon be made directly to the Secured Party,
(ii) Adjust, settle or compromise any account or other item of Collateral when, in the
discretion of the Secured Party, deemed advisable or enter into any agreement with respect thereto; and
(iii) Endorse in the name of the Debtor any instrument of payment received with respect
to any of the Collateral and enter in the name of the Debtor into any related release, agreement or arrangement,
(such endorsement or entry to be effective as that of the Debtor for all purposes);
•
Security Agreement -page 7 C-7 04/09
(f) Take all other lawful actions with respect to the Collateral in its name, or that of the
Debtor, as may be necessary or advisable in the implementation of the foregoing remedies;
(g) Exercise any and all other remedies available to the Secured Party under the Agreement,
the Related Documentation and/or at law or in equity permitted.
All remedies of Secured Party may be exercised separately or concurrently, and such remedies
are cumulative and not alternative. The Debtor will be liable to the Secured Party for all out-of-pocket
expenses incurred by the Secured Party in connection with the exercise of its remedies hereunder including,
but not limited'to, reasonable fees of Secured Party's counsel and all fees, commissions and charges•of any
warehouseman, sales broker, finder, consultant, security personnel or other agent engaged by the Secured
Party for the purpose of repossession, maintenance, collection and/or disposition of the Collateral, and the
same shall be included in the indebtedness as defined herein. The Debtor will remain liable to the Secured
Party for all collection costs and indebtedness remaining unpaid after application of the proceeds of the
Collateral.
10. GENERAL.
(a) For the purposes of exercising the Secured Party's rights and/or remedies hereunder, the
Debtor does hereby make, constitute and appoint any officer or agent of the Secured Party as the Debtor's true
and lawful attorney-in-fact with power to sign and endorse the name of the Debtor on any notes, checks,drafts,
money orders or ° er instruments of payment Collateral that may come into possession of the Secured
Party in full or part payments of any amounts owing to the Debtor; to sign and endorse the name of the Debtor
on any invoice, freight or express bill, bill of'lading, storage or warehouse receipts, drafts against account
• debtors, assignments, verifications and notices in connection with Debtor's accounts receivable, and any
instrument or document relating thereto or to the Debtor's rights therein; granting the Debtor's said attorney
full power to do any and all things necessary to be done in and about the premises as fully and effectually as
the Debtor might or could do, and hereby ratifying all that said attorney shall lawfully do or cause to be done
by virtue hereof. This power of attorney, being coupled with an interest, shall be irrevocable until payment of
all indebtedness.
(b) Waiver of any default shall not constitute waiver of any other default. All words used
herein shall be construed to be of such gender and number as the circumstances require. All rights of Secured
Party shall inure to the benefit of its successors and assigns, and all obligations of the Debtor shall bind its
successors and assigns. Pennsylvania law applies to this Security Agreement and its construction and
interpretation,without regard to the conflict of laws principles thereof.
(c) Should any provision of this Agreement be found to be void, invalid or unenforceable
by a court or arbitrator(s) or competent jurisdiction, that finding shall only affect the provisions found to be
void, invalid or unenforceable and shall not affect the remaining provisions of this Agreement.
(d) Section headings are for.convenience only and shall have no effect on the interpretation
of this Agreement.
•
(e) Debtor agrees to take all further actions as Secured Party shall reasonably request to
evidence or prefect the security interest granted hereunder, to maintain the agreed upon priority of the security
interests, and to effectuate the rights of the Secured Party hereunder.
Security Agreement -page 8 C-8 04/09
(f) Debtor shall pay to Secured Party upon demand the amount of all costs incurred or to be
incurred from time to time by the Secured Party in enforcing or protecting its rights under this Agreement,
including, without limitation, the costs of all filings or recordings of Financing Statements and all search
requests or reports related to the Collateral.
IN WITNESS WHEREOF, the parties hereto have caused this Security Agreement to be executed this
& day of 041.41.
, 200 .
W e r s - 4 5 C *tp S-e C--
By: ,4A44 1)3T By.
Title: Title:
(SEAL)
ATTEST: ASSOCIATED WHOLESALERS, INC.
By:/74' BY'W...mt / .
Title:
4C : F '. • Title: _ - ' "
(SEAL)
•
• C-9
Security Agreement—page 9 04/09
EXHIBIT
SURETYSHIP
THIS SURETYSHIP (HEREINAFTER REFERRED TO AS "SURETYSHIP"), is made upon the terms
and conditions hereinafter set forth on this k) day of Qdi( , 20 , by
OF fit.r'� _.e'f ' . 64 yr
(hereinafter referred to as "Surety"), INTENDING TO BE LEG LY BOUND HEREBY, and in order to
induce ASSOCIATED WHOLESALERS, INC., a Pennsylvania corporation with its principal office at Route
422, P.O. Box 67, Robesonia, Pennsylvania, 19551 (hereinafter called"AWI"),to extend credit terms and/or to
guarantee certain debt of the Principal Debtor(as hereinafter defined,)
TERMS AND CONDITIONS
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 behalf,this Suretyship is executed.
(c) "Principal Debtor"means, individually and collectively, S5� --C,._
with its
principal office and place of business at ors;' L ag o g4 /741,t
(d) "Principal Debtor's Liabilities to AWI" shall mean and include any and all existing and future
liabilities of the Principal Debtor to AWI, whether absolute or contingent arising out of, connected with
and/or evidenced by any open account or other similar credit accommodation, as well as any Purchase
Supply Agreement and/or any other agreement or document creating or imposing upon Principal Debtor
an obligation to make payments to AWI.
2. SURETYSHIP AGREEMENT. The Surety hereby unconditionally assures, covenants, warrants and
guarantees to AWI, and becomes surety for, the due performance, including, but not limited to, the prompt
payment when due, of the Principal Debtor's Liabilities to AWI. The Surety hereby 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,judgment notes and/or other documents whereby the Principal Debtor
grants and AWI accepts a security interest, mortgage,judgment, lien or other encumbrance in any property
of any nature whatsoever, and the Surety hereby agrees to be bound by such terms and conditions as they
apply to said Surety.
3. LIABILITY. The amount of the Surety's liability to AWI hereunder shall be unlimited. AWI may apply any
payment by Principal Debtor, Surety,or otherwise or proceeds of collateral to any of Principal Debtor's
Liabilities to AWI in such manner and in such order as AWI may elect. Further, AWL may apply any
payment by Principal Debtor, any other surety or proceeds of collateral to any obligation of Principal Debtor
to AWL in such order as AWI may elect whether or not included within the Principal Debtor's Liabilities to
AWI secured hereby.
4. UNCONDITIONAL LIABILITY: Notwithstanding anything to the contrary contained in this Suretyship,
the liability of the Surety hereunder is absolute and unconditional and shall not be affected in any way by
reason of(a) any failure by AWI to retain or preserve any rights against any Person or Persons, including
Suretyship—page 1 C-10
04ro9
•
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 attempted to be obtained or (c) the lack of prior
enforcement of any right against any Person or Persons (including, but not limited to the Principal Debtor,
any of the Surety or any other surety), or in any property. To the extent permitted 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 delay in enforcing or
failure to enforce any such rights, even if such rights are thereby lost or impaired, or any delay in making
demand on the Surety for performance of payment of the Surety's obligations 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 AWI including but not limited to, notice; of the
acceptance hereof and reliance hereon, of the present existence or future incurring of any of the Principal
Debtor's Liabilities to AWI, 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 AWI and with
respect to any rights against any Person or Persons (including but not limited to the Principal Debtor, any
one of the Surety or any other surety), or in 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, that the 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 specifically so
released, but shall in no way affect the liability hereunder of any of the Surety no so 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 benefit of any and all laws now or hereafter in effect in any way limiting or
restricting the liability of the Surety hereunder including but not limited to (a) all defenses whatsoever to the
Surety's liability hereunder except the defense of payments made on account of the Principal Debtor's
Liabilities to AWI 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 hereunder.
6. PAYMENT OF COSTS. In addition to all other liability of the Surety hereunder and notwithstanding the
limit, if any, set forth in Paragraph 3 hereof, Surety also agrees to pay to AWI on demand all costs and
expenses (including reasonable. attorneys' fees and legal expenses), which may be incurred in the
enforcement of the Principal Debtor's Liabilities to AWI,the 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
AWI.
7. ACCELERATION OF LIABILITIES. If any of the Principal Debtor's liabilities to AWl is not duly
performed, including, but not limited to the prompt payment when due of any amount payable thereon, all
the Principal Debtor's Liabilities to AWl shall at AWI's option be deemed,to be forthwith due and payable
for the purposes of this Suretyship and the liability of the Surety hereunder. Furthermore,AWI shall have an
immediate right of setoff against all liabilities to the Surety including the right of setoff against any and all
deposit accounts of Surety; and AWI'is hereby given a lien on and a security interest in any and all property
of the Surety, now or hereafter in AWI's possession or secured to AWI 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 have the same rights to such property as it has by any agreement
or by law.
8. CONFESSION OF JUDGMENT. THE SURETY (AND EACH OF THEM). HEREBY IRREVOCABLY
AUTHORIZES THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD TO
Suretyship—page 2 C-1 1
• 04/09
•
APPEAR FOR AND CONFESS JUDGMENT AGAINST THE SURETY, AND EACH OF THEM, FOR
THE UNPAID PRINCIPAL BALANCE OF AND ACCRUED INTEREST ON THE PRINCIPAL
DEBTOR'S LIABILITIES TO AWI, UPON DEFAULT BY EITHER SURETY OR PRINCIPAL
DEBTOR, WITH REASONABLE ATTORNEYS' COMMISSIONS WITH COSTS OF SUIT AND
RELEASE OF ERRORS. It is the intent of the parties that any judgment so entered shall bear interest at the
greater of the rates from time to time payable under the documents evidencing Principal Debtor's Liabilities
to AWI. To the extent permitted 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 single exercise of the foregoing warrant.
shall be deemed to exhaust the power to confess judgment granted herein, whether or not any such exercise
shall be held by any court to be invalid, void or voidable, but the power shall continue undiminished and
may be exercised from time to time as often as AWI shall elect until all sums payable or that may become
payable by the Surety pursuant to this Suretyship shall have been paid in full.A copy hereof may be entered
in lieu of the original.
9. NO SUBROGATION. So long as the Principal Debtor's Liabilities to AWI 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 AWI, to any payment by the Principal Debtor or out of the property of the Principal Debtor.
10. OTHER GUARANTEES. A subsequent guaranty or suretyship by the Surety or any other surety or
guarantor of the Principal Debtor's Liabilities to AWI shall not be deemed to be in lieu of or to supercede or
terminate this Suretyship, but shall be construed as an additional or supplementary suretyship unless
otherwise expressly provided therein; and in the event the Surety or any other surety or guarantor has given
to AWI a previous suretyship or guaranty, this Suretyship shall be construed to be an additional or
supplementary suretyship 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
property 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, AWI
will be entitled to recover the value or amount of any such settlement, discharge,payment, grant of security
or transfer of property from the undersigned as if such settlement, discharge, payment, grant of security or
transfer of property had not occurred. If the within Suretyship is secured, AWI 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 DUTY. Notwithstanding anything to the contrary herein contained,nothing contained in this Suretyship
shall require or be deemed to require AWI 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 words used in the singular number shall be held to include the
plural, and vice versa.
14. NOTICES. Service of all notices under this Suretyship shall be sufficient if given personally or mailed by
registered or certified mail to AWI or Surety (as is applicable), at their respective addresses set forth
hereinabove, or at such other address as AWI 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 purposes of information and reference only.
Suretyship—page 3 C-12
• mina
16. SEVERANCE. If any provision, or part thereof, of this Suretyship is in conflict with any statute or other
rule of law, then such provision or part thereof shall be deemed null 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.
17. MISCELLANEOUS. This Suretyship shall inure to the benefit of.AWI, its successors, assigns, endorsees,
or any other Person or Persons, including any banking institution or institutions, to which AWI may grant
any interest in the Principal Debtor's Liabilities to AWI or any of them, and shall be binding upon the
Surety and the Surety's executors, administrators, successors, assigns, and other representatives, both
personal.and legal. In the event that the Surety 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 AWI,
shall be made for such liability. Any failure by AWI to exercise any right hereunder shall not be construed
as a waiver of the right to exercise 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
determined by the laws of the Commonwealth of Pennsylvania. THE LIABILITY OF THE ENTITIES
COMPROMISING SURETY HEREIN SHALL BE JOINT 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: hi all cases where Surety's signatures are required, each Surety's spouse must also sign in the appropriate
location. All Surety and spouse names must also be included in paragraph one of this Suretyship Agreement.
Surety#C44)1,..... �4 Spouse of Surey#1
Signature ^ Signature
120Z--C# - ,3 f s ( �� '- 4- i 7 f
Social Security Number Social Security Number
3�s eR P i<o e 3 -, e- '- orb- 0
Address Address // ,� !!
/ 6:au
Witness of Signature Witness of Signature
•
Surety# Spouse of Surety#2
S,gnatu ""— Signature
- i ? .. L '7`
Social Security Number 5 Social Security Number
y S i ,-roctA.c:•t Cc 0. t L o_o t (f - r 7=5`ti o
Address Address
Witness of Signature --f Witness of Signature
Surety#I f p ( �? c #1.
/� Spouse of S � � "�.a
Signature Signature
9#—R 1 4 9/ 1 ct3X -3 f - 4075
Social Security Number �' Social Security umber 9
(p.i. ' On() Cam-' A d 7 C -• __ .rr.a' r / 4-1
Address - )?T�-a,4� �� Addres w 1'�
- I/
t -"...11111118001K411110
Witness of Signature Witness of ignaturc - r
Suretyship—page 4 C-13
04/09
rwtoashsoiciaTrears,
Inc,
CORPORATE OFFICE• ROUTE 422• P.O. BOX 67• ROBESONIA, PA. 19551-0067
600 ARSENAL ROAD•YORK, PA. 17402• (717)854-1505
(610) 693-3161 • FAX(610)693-3171
Rajesh B.Shah
Kushans Enterprises, LLC
305 Erford Road
Camp Hill, PA 17011-1169
Dear Rajesh,
Your corporation, Kushans Enterprises, LLC has an outstanding balance due Associated Wholesalers, Inc.
(Awl)totaling$3,744.37. I have enclosed a copy of your statement showing the detail of the charges on
your account.The balance is due immediately.The debts of the company are secured by the personal
guaranty of you and Asha Shah, Nirav R.Shah, and Mimesh and Rita Shah. In the event that AWI does
not receive payment in full by November 9, 2012, legal action will be taken against all guarantors.If you
have any questions please give me a call at 610-693-1507.
Please guide yourself accordingly,
b....._ ,
i 0../..,,,/1-;,--7,..-/-
David Firek,Treasurer
CC:
Rajesh and Asha Shah
Nirav Shah
Mimesh and Rita Shah
Enclosure
EXHIBIT
go. lir . ,
MARKETS SUPERMARKETS
VERIFICATION
I hereby affirm that the following facts are correct. The attached Complaint for
Confession of Judgment in Money is based upon information which has been furnished to
counsel in the preparation of this document. The language of the Complaint for Confession of
Judgment in Money is that of counsel and not mine. I have read the Complaint for Confession of
Judgment in Money and to the extent that the same is based upon information which I have given
to counsel,it is true and correct to the best of my knowledge,information and belief. To the
extent that the content of the Complaint for Confession of Judgment in Money is that of counsel,
I have relied upon counsel in making this Verification. I hereby acknowledge that the averments
of fact set forth in the aforesaid Complaint for Confession of Judgment in Money are made
subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities.
Dated: + 1 L3/ 1 -
ii1t
Associated •olesalers, Inc.
{00752476ri}
COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
ASSOCIATED WHOLESALERS,INC. •.
Route 422, P.O. Box 67 .
Robesonia, PA 19551 Civil Action-Law
Plaintiff, No.: Thursday,October 10,2013 3:33 PM
v. 2013-N 0-006672-30
MINESH B.SHAH
208 Glyndon Watch Lane .•
Reistertown,MD 21136
RITA SHAH
a.k.a HETAL SHAH
208 Glyndon Watch Lane •
Reistertown,MD 21136
•RAJESH B. SHAH c t4.3 0
305 Erford Road o 2,
Camp Hill,PA 17011 ; -`—, 2,
r-
-+ ° -*am
ASHA R. SHAH : ,1:1
•
305 Erford Road ,�
Camp Hill, PA 17011 : ° 9. z°
. 13 2o
NIRAV R. SHAH •
5 Brodrick Court
Leola,PA 17540 •
•
Defendants. • .
(00752110/1)
5) i18 /T- 6
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$5,756.46 on October 1013.
(X) A copy of all documents filed with the P onotary i sup rt o the within
judgment is/are enclosed.
rothonotary Civil Division
by:
If you have any questions regarding this Notice, please contact the filing party:
NAME: Glenn J. Smith, Esquire
ADDRESS: 135 N. George St.
York, PA 17401
(717) 848-4900
o
(This Notice is given in accordance with Pa.R.C.P. 236). a
NOTICE SENT TO:
Name: MINESH B. SHAH
rim -0 c m
208 Glyndon Watch Lane : o
Reistertown, MD 21136 ° u) 4
RITA SHAH
a.k.a HETAL SHAH
208 Glyndon Watch Lane
Reistertown, MD 21136
RAJESH B. SHAH
305 Erford Road
Camp Hill,PA 17011
ASHA R. SHAH
305 Erford Road
Camp Hill, PA 17011
NIRAV R. SHAH
5 Brodrick Court
Leola, PA 17540
(00752110/1)
COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
ASSOCIATED WHOLESALERS,INC. •
Route 422, P.O. Box 67
Robesonia, PA 19551 Civil Action-Law
Plaintiff, : No.: Thursday,October 10,2013 3:33 PM
V. • 2013-N0-006672-30
MINESH B. SHAH
208 Glyndon Watch Lane
Reistertown, MD 21136
RITA SHAH
a.k.a HETAL SHAH •
•
208 Glyndon Watch Lane ° x AA Reistertown, MD 21136 l,. 0 0
0
z
7°
RAJESH B. SHAH z a ern
305 Erford Road *'c
rn
Camp Hill, PA 17011 . mac
0 w z°
•
• ' a
ASHA R. SHAH
305 Erford Road
Camp Hill, PA 17011
NIRAV R. SHAH
5 Brodrick Court •
Leola, PA 17540
Defendants. :
(00752110/1}
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF YORK )
Before me, the undersigned officer, personally appeared GLENN J. SMITH,ESQUIRE,
Attorney for the Plaintiff, in the above-captioned case, who,being duly sworn or affirmed
according to law, deposes and says to the best of his knowledge that the Defendants named
above are not in the military service of the United States of America;that the last known address
for the Defendants are:
MINESH B. SHAH
208 Glyndon Watch Lane
Reistertown,MD 21136
RITA SHAH
c 1P+4 0
a.k.a HETAL SHAH 0 co 70
208 Glyndon Watch Lane r. 0
Reistertown, MD 21136 - zrn
Z o -cca
- .rn
RAJESH B. SHAH o
.�
305 Erford Road .<
Camp Hill, PA 17011 o
ca -4
1
ASHA R. SHAH -�
305 Erford Road
Camp Hill, PA 17011
NIRAV R. SHAH
5 Brodrick Court
Leola, PA 17540
Sworn and subscribed: CG• • FIRM
before me this(O day of
rY , 2013. 11
_ -nn J. Smite squire
�� . PA#8 '
y commi• io, expires: 135 N. George Street
Notary P •lic York, Pennsylvania 17401
COMMON >V QEPjNSYLVANZA 717.848-4900 (telephone)
..rill seal 717.843-9039 (facsimile)
Richard 3. .nsberry,Notary Public
{oonsi ion} City of York,York County
My Commission Expires Nov.25,2014
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
Cumberland County Sheriffs Office
One Courthouse Sq.,Room 303
Carlisle,PA 17013
717.240.6390
If this writ of execution is not settled within
twenty days from service then upon request
of the plaintiff further action may be taken.
There are additional costs to be added to the
costs listed on this writ of execution. Please
contact the Cumberland County Sheriff's
Office for a full payoff amount.
A full payoff of the writ should be made to
the Cumberland County Sheriffs Office.
Payment plans and/or arrangements should
be made directly with the Plaintiff.
You may not sell,trade, give away,destroy,
dispose of or move property under Sheriffs
levy.
In the Court of Common Pleas of York County, Pennsylvania
WRIT OF EXECUTION
ASSOCIATED WHOLESALERS, INC Case No. 2013 NO 6672-30 ;7; —
-<. _ c.,
Vs.
MINESH B SHAH
RITA SHAH A/K/A HETAL SHAH -4
RAJESH B SHAH
ASHA R SHAH
NIRAV R SHAH
To the Sheriff of CUMBERLAND County:
To satisfy the judgment, interest and costs against RAJESH B SHAH AND ASHA R
SHAH LOCATED AT 305 ERFORD ROAD CAMP HILL, PA 17011 AND NIRAV R SHAH LOCATED
AT 5 BRODRICK COURT LEOLA, PA 17540 , Defendant,
(1) you are directed to levy upon the property of the Defendant and to sell
the Defendant's interest therein;
(2) you are also directed to attach the property of the Defendant not levied
upon in the possession of , Garnishee,
(Specifically describe property)
ANY AND ALL BUSINESS AND PERSONAL PROPERTY OF DEFENDANTS RAJESH B SHAH AND
ASHA R SHAH AND NIRAV R SHAH INCLUDING BUT NOT LIMITED TO FURNITURE, ALL
INVENTORY, EQUIPMENT, ELECTRONICS, SUPPLIES, TOOLS, ACCOUNTS RECEIVABLE,
CASH, PERSONAL PROPERTY, ETC
and to notify the Garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph (c) , the Garnishee is enjoined from
paying any deft to or for the account of the Defendant and from
delivering any property of the Defendant or otherwise disposing
thereof;
(c) the attachment shall not include
(i) the first $10,000 of each account of the Defendant with a bank
or other financial institution containing any funds which are
deposited electronically on a recurring basis and are identified
as being funds that upon deposit are exempt from execution, levy
or attachment under Pennsylvania or federal law.
(ii) each account of the Defendant with a bank of other financial
institution in which funds on deposit exceed $10,000 at any time
if all funds are deposited electronically on a recurring basis
and are identified as being funds that upon deposit are exempt
from execution, levy or attachment under Pennsylvania or federal
law. TRUE COPY FROM RECORD
In Testimony whereof,1 here unto set my hand
and the seal of said Cou at Carlisle, Pa.
This_. day of ,20 47
"Met Xe4
Prothonotary/
(iii) any funds in an account of the defendant with a bank of other
financial institution that total $300 or less. If multiple
accounts are attached, a total of $300 in all accounts shall not
be subject to levy and attachment as determined by the executing
officer. The funds shall be set aside pursuant to the
Defendant's general exemption provided in 42 Pa.C.S. § 8123.
2013 NO 6672-30
(3) if property of the Defendant not levied upon and subject to attachment is
found in the possession of anyone other than a named Garnishee, you are
directed to notify such other person that he or she has been added as a
Garnishee and is enjoined as above stated.
Amount of judgment: $3,307 .27
Docket costs: $130.50
Amount of interest: $198.44 (LEGAL INTEREST IN AMT OF 6%)
Attorney fees/Commission: $1,500.00 (ESTIMATED)
plus Sheriff's costs.
Seal of the Court
Pamela S. Lee,Prothonotary
My Commission expires January 2, 2016
11:11■ I
Date: OCTOBER 10, 2013
By
Deputy
Requested by:
GLENN J SMITH, ESQ
PA #85925
CGA LAW FIRM
135 N GEORGE STREET
YORK, PA 17401
(717) 848-4900
(717) 843-9039
COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
ASSOCIATED WHOLESALERS, INC. : Civil Action-Law
Plaintiff, No.: Thursday,
1 pttp��NO—10 2013 326 PM
V.
203- 006672-30
MINESH B. SHAH
v
RITA SHAH o
a.k.a HETAL SHAH
i
rrs z C, 7z-
--� 0i
RAJESH B. SHAH o°
7`
ASHA R. SHAH •
NIRAV R. SHAH •
•
Defendants. :
PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue a writ of execution upon judgment entered by confession in the above matter,
(1) directed to the sheriff of Cumberland County;.
(2) against, Defendants; and
(3) against N/A , garnishee;
{00752110/1)
(4) and direct sheriff to levy on the business and personal property of Defendants, Minesh B.
Shah and Rita Shah a/k/a Hetal Shah located at 208 Glyndon Watch Lane, Resiterstown,
Maryland 21136, Defendants, Rajesh B. Shah and Asha R. Shah located at 305 Erford
Road, Camp Hill, Pennsylvania 17011, and Defendant, Nirav R. Shah located at 5
Brodrick Court, Leola, Pennsylvania 17540, as follows (specifically described property):
including but not limited to, furniture, all inventory, equipment, electronics, supplies,
tools, accounts receivable, cash,personal property, etc.
(5) Payments due under the Suretyship $3,307.27
Legal Interest in the amount of 6% $ 198.44
Attorney's Commission(estimated) $1,500.00
Costs to be added $ 750.75
TOTAL $5,756.46
CERTIFICATION
I certify that
(a) This praecipe is based upon a judgment entered by confession, and
(b) Notice will be served with the Writ of Execution pursuant to Rule 2958.3
\L. 41111111
Dated: L, 2013 �►_
,14111r-mith or s•uire_
PA# 85925
CGA Law Firm
135 N. George St.
York, PA 17401
717-848-4900
717-843-9039
Attorney for Plaintiff
{oo7szn 0/I)
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
ASSOCIATED WHOLESALERS, INC
ROUTE 422
PO BOX 67
ROBESONIA, PA 19441 2013 NO 6672-30
VERSUS
RAJESH B SHAH
ASHA R SHAH
305 ERFORD ROAD
CAMP HILL, PA 17011
NIRAV R SHAH
5 BRODRICK COURT
LEOLA, PA 17540
MINESH B SHAH
RITA SHAH A/K/A HETAL SHAH
WRIT OF EXECUTION
NOTICE
This paper is a Writ of Execution. It has been issued because there is
a judgment against you. It may cause your property to be held or taken to
pay the judgment. You may have legal rights to prevent your property from
being taken. A lawyer can advise you more specifically of these rights. If
you wish to exercise your rights, you must act promptly.
The law provides that certain property cannot be taken. Such property
is said to be exempt. There is a debtor's exemption of $300.00. There are
other exemptions, which may be applicable to you. Attached is a summary of
some of the major exemptions. You may have other exemptions or other rights.
If you have an exemption, you should do the following promptly:
1. Fill out the attached claim form and demand for a prompt hearing.
2. Deliver the form or mail it to the Sheriff's Office at the address
noted.
You should come to court ready to explain your exemption. If you do not
come to court and prove your exemption, you may lose some of your property.
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 HWERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
ATTORNEY CONNECTION
•
OF THE YORK COUNTY BAR ASSOCIATION
137 EAST MARKET ST
YORK, PA 17401
TELEPHONE NO. (717) 854-8755
WWW.YORKBAR.ORG/ATTORNEYCONNECTION
MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
1. $300.00 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
ASSOCIATED WHOLESALERS, INC 2013 NO 6672-30
VERSUS
MINESH B SHAH
RITA SHAH A/K/A HETAL SHAH
RAJESH B SHAH
ASHA R SHAH
NIRAV R SHAH
CLAIM FOR EXEMPTION
TO THE SHERIFF:
I, the above name defendant, claim exemption of property from levy or
attachment:
(1) From my personal property in my possession which has been levied
upon,
(a) I desire that my $300.00 statutory exemption be
[ ] (i) set aside in kind (specify property to be set aside in
kind) :
[ ] (ii) paid in cash following the sale of the property levied
upon; or
(b) I claim the following exemption (specify property and basis of
exemption) :
(2) From my property which is in the possession of a third party, I
claim the following exemptions:
(a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind
(specify property)
(c) Other (specify amount and basis of exemption) :
I request a prompt Court hearing to determine the exemption. Notice of
the 'hearing should be given to me at: (include address and telephone number)
•
I verify that the statements made in this Claim for Exemption are true
& correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
DATE: DEFENDANT:
THIS CLAIM TO BE FILED WITH:
CUMBERLAND COUNTY SHERIFF'S OFFICE •
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-67,10
Note: Under paragraphs (1) and (2) of the writ, a description of specific
property to be levied upon or attached may be set forth in the writ or
included in a separate direction to the sheriff.
Under paragraph (2) of the writ, if attachment of a named garnishee is
desired, the garnishee's name should be set forth in the space provided.
Under paragraph (3) of the writ, the sheriff may add as a garnishee any
person not named in this writ who may be found in possession of property of
the defendant. See Rule 3111(a) . For limitations on the power to attach
tangible personal property, see Rule 3108 (a) .
(b) Each court shall by local rule designate the officer, organization
or person to be named in the notice.
•
ASSOICATED WHOLESALERS, INC . , : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
•
v.
MINISH B. SHAH No. 13-6340
RITA SHAH
a/k/a HETAL SHAH,
•
RAJESH B. SHAH,
•
ASHA R. SHAH, and
•
NIRAV R. SHAH
Defendants : Civil Action-Law
CERTIFICATE OF SERVICE
AND NOW, this /04,--day of kon44, l 2013 I , Kent H. Patterson,
hereby certify that I this day served the within petition by
depositing a copy of same in the United States mail, postage
prepaid, at Harrisburg, Pennsylvania, addressed to counsel of
record for plaintiff as follows :
Glenn J. Smith, Esquire
CGA Law Firm
135 North George Street
York, PA 17401
Kent H. Patterson
Attorney for Defendants
221 Pine Street
Harrisburg, PA 17101
(717) 238-4100
1
leamosiamemgm
ASSOCIATED WHOLESALERS,: IN THE COURT OF COMMON PLEAS OF
INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
•
v. : CIVIL ACTION—LAW
MINISH B. SHAH, RITA SHAH,:
a/k/a HETAL SHAH, RAJESH B.:
SHAH, ASHA R. SHAH and :
NIRAV R. SHAH,
Defendants : NO. 13-6340 CIVIL TERM
IN RE: MOTION TO STRIKE AND/OR
OPEN JUDGMENT ENTERED BY CONFESSION
ORDER OF COURT
AND NOW, this 15th day of November, 2013, upon consideration of Defendants'
Motion To Strike and/or Open Judgment Entered by Confession, a Rule is hereby issued
upon Plaintiff to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,ristyle L. Peck, J.
Glenn L. Smith, Esq.
CGA Law Firm
135 North George Street
York, PA 17401
Attorney for Plaintiff t,
Kent H. Patterson, Esq. m
221 Pine Street '
Harrisburg, 17101 `� co c'
g, —it--
Attorney for Defendants <
:rc
rc eopt.44,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY,..
Ronny R Anderson ��!
Chief Deputy l
Sheriff :� 14iGn���� tF;f�
cQt��n at to-futala,•�Jd
Jody S Smith �.t}iIM i 'PM 3:
05
rh...
COUNTY
W Stewart CUMBERLAND
Solicitor one or TFEfidERIFF PENNSYLVANIA
/3,63W e,7,4 (
Associated Wholesalers, Inc.
vs.
Minesh B Shah (et al.)
Case Number
2013 NO 6672-30
SHERIFF'S RETURN OF SERVICE
11/06/2013 05:57 PM - Jason Kinsler, Deputy, being duly sworn according to law, states that on November 06, 2013
at 5:57 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally"
handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Rajesh
B Shah at 305 Erford Road, East Pennsboro Township, Camp Hill, PA 17011, informed Defendant of
contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to
attorney and letter mailed to defendant on November 7, 2013.
11/06/2013 05:57 PM - Jason Kinsler, Deputy, being duly sworn according to law, states that on November 06, 2013
at 5:57 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally"
handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Asha
R Shah at 305 Erford Road, Camp Hill, PA 17011, informed Defendant of contents of same and levied
upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to
defendant on November 7, 2013.
06/13/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $134.47 SO ANSWERS,
June 13, 2014 RONN' R ANDERSON, SHERIFF
(cl CountySuite Sheriff, Toteosoft Inc.