CHESTNUT STREET CONSOLIDATED LLC v. DAWARA (2022)

JUDGMENT

AND NOW, this 3rd day of August, 2022, in accordance with the Court's Order and accompanying Memorandum, Judgment is hereby ENTERED as follows:

1. Judgment is ENTERED in favor of Plaintiff Chestnut Street Consolidated, LLC (“Plaintiff”) and against Defendants Bahaa Dawara, Imad Dawara, Faten Dawara (a/k/a/ Fatan Dawara), Maisaa Dawara, Mirvat Dawara, Abeer Naim, and Haitham Albarouki (a/k/a Hitham Albarouki) (collectively, “Defendants”) on Count I;

2. Counts II, III, IV, and V of the Complaint are DISMISSED;

3. The following transfers shall be voided: (1) The transfer of Bahaa Dawara's interest in 19 Ridgeway Avenue, Norwood, PA 19074 to Faten Dawara (a/k/a Fatan Dawara); (2) the transfer of Imad Dawara's interest in 305 Seminole Street, Essington, PA 19029 to Maisaa Dawara; and (3) the transfer of Imad Dawara's interest in 407 Seminole Street Essington, PA 19029 to Mirvat Dawara;

4. By August 31, 2022, Defendants shall execute the following quitclaim deeds: Bahaa Dawara and Faten Dawara (a/k/a Fatan Dawara) shall execute a quitclaim deed to return title to the property at 19 Ridgeway Avenue, Norwood, PA 19074 to Bahaa Dawara; Imad Dawara and Maisaa Dawara shall execute a quitclaim deed to return title to the property at 305 Seminole Street, Essington, PA 19029 to Imad Dawara; and Imad Dawara and Mirvat Dawara shall execute a quitclaim deed to return title to the property at 407 Seminole Street Essington, PA 19029 to Imad Dawara;

5. Except as provided for in paragraph 4, Bahaa Dawara and Imad Dawara shall be PERMANENTLY ENJOINED from transferring their interests in the properties at 19 Ridgeway Avenue, Norwood, PA 19074, 305 Seminole Street, Essington, PA 19029, and 407 Seminole Street Essington, PA 19029 until further order of the Court. Plaintiff may execute on its state court judgment 1 against these properties;

6. Plaintiff is entitled to judgment holding that Defendants shall be jointly and severally liable for the value of the seven additional properties (the “seven properties”), less the value of any valid mortgage or other lien owed on the properties at the time they were fraudulently transferred, as follows:

a. Bahaa Dawara and Faten Dawara (a/k/a Fatan Dawara) shall be jointly and severally liable for the value of the property at 134 Garfield Avenue, Woodlyn, PA 19094. The property is valued at $324,900.00;

b. Bahaa Dawara and Faten Dawara (a/k/a Fatan Dawara) shall be jointly and severally liable for the value of the property at 140-142 Garfield Avenue, Woodlyn, PA 19094. The property is valued at $289,000.00;

c. Bahaa Dawara and Faten Dawara (a/k/a Fatan Dawara) shall be jointly and severally liable for the value of the property at 312 Fern Street, Darby, PA 19023. The property is valued at $73,800.00;

d. Imad Dawara and Abeer Naim shall be jointly and severally liable for the value of the property at 1524 McKean Street, Essington, PA 19145. The property is valued at $305,400.00;

e. Imad Dawara and Abeer Naim shall be jointly and severally liable for the value of the property at 321 Massasoit Street, Essington, PA 19029. The property is valued at $258,600.00;

f. Imad Dawara and Abeer Naim shall be jointly and severally liable for the value of the property at 224 Erickson Avenue, Essington, PA 19029. The property is valued at $203,000.00;

g. Imad Dawara and Abeer Naim shall be jointly and severally liable for the value of the property at 1007 Milmont Avenue, Swarthmore, PA 19081. The property is valued at $528,700.00;

7. Plaintiff is entitled to pre-judgment interest, pursuant to 41 Pa. Stat. Ann. § 202, and post-judgment interest, pursuant to 28 U.S.C. § 1961. Pre and post-judgment interest shall be based on the value of the seven properties at the time they were fraudulently transferred.

8. The Court shall retain jurisdiction over the case.

IT IS SO ORDERED.

FOOTNOTES

1.   The judgment was entered in Fresher Start Inc. v. Dawara, No. 3370 (Ct. Comm. Pl.).

EDUARDO C. ROBRENO, District Judge