PHILADELPHIA – An attorney for a Philadelphia discount store has petitioned to open and strike a judgment found against his client, due to alleged improper service of the complaint and other legal correspondence.
Mohammed Irfan Shariff filed a petition to open judgment on Sept. 2, asserting that his clients Korman Brothers Inc. and Madina Discount & Islamic Store never received a copy of plaintiff Charles Johnson’s complaint.
Shariff said the complaint was served at a Frankford Avenue address where the defendants are not based, therefore they were not aware of a lawsuit, nor were they informed of their mandatory attendance at an arbitration hearing on May 19.
At that arbitration session, due to the defendants’ absence, a default judgment in the amount of $20,000 was entered against them by the Philadelphia County Court of Common Pleas.
As they were unaware of the complaint, let alone the judgment, Shariff stated his clients were not able to appeal that decision. Shariff clarified the defendants were not aware of any aspect of the suit until Aug. 10, upon receipt of a certified mailing from the plaintiff’s attorney to file a Writ of Execution.
A hearing in this matter was set for Tuesday in Court chambers, at Philadelphia City Hall.
On Aug. 20, 2012, Johnson was shopping in Madina Discount & Islamic Store, when he was struck in the left leg, left ankle and left foot by several metal crates which had fallen from a nearby shelf and handcart, his complaint says.
In August 2014, Johnson sued both defendants for negligence, while his spouse Crystal Johnson sued for loss of consortium. The plaintiffs are seeking, individually, jointly and severally, damages not in excess of $50,000 and other relief in this case.
The plaintiffs are represented by Sean M. Fulmer of Master Weinstein Schatz Moyer, in Philadelphia.
The defendants are represented by Shariff of Sabir Law Group, in Upper Darby.
Philadelphia County Court of Common Pleas case 140802286
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com