HomeMy WebLinkAbout08-6068
Aom ?'
LITLILAKIS
Wayne Melnick, Esquire
Attorney I.D. No.: 53150
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-0900
ABOM & KUTULAKIS, LLP,
VS.
RAYMOND HOLLOWAY,
IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
Defendant NO. OF 2008 CIVIL
TO DEFENDANT RAYMOND HOLLOWAY:
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by an attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FOR BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9180 or
(717) 249-3166
,
Defendant
:IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO. 09 " 6 v 4 P OF 2008 CIVIL
COMPLAINT
AND NOW, comes the Plaintiff, Abom & Kutulakis, LLP, and makes the
Alom ?'
LULAKIS
Wayne Melnick, Esquire
Attorney I.D. No.: 53150
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-0900
ABOM & KUTULAKIS, LLP,
VS.
Plaintiff
RAYMOND HOLLOWAY,
following Complaint against the Defendant, Raymond Holloway, as follows:
1. The Plaintiff is Abom & Kutulakis, LLP, a Pennsylvania limited liability
partnership engaged in the practice of law with an address of 36 South
Hanover Street, Carlisle, PA 17013.
2. The Defendant is Raymond Holloway, an individual with an address of 4005
Riders Lane, Mechanicsburg, PA 17050.
3. The parties entered a contract for legal representation dated May 18, 2006, a
copy of which is attached hereto and marked as Exhibit A.
4. To date, the Defendants have incurred unpaid services with the Plaintiff in the
amount of $9,982.23. A copy of Defendant's latest invoice is attached hereto
and marked as Exhibit B.
5. Plaintiff has made numerous demands for the outstanding payment.
6. All payments made by Defendant to date have been applied against his
outstanding balance.
7. In addition to the amount owed for legal services, the Defendant owes interest
on the unpaid invoices, as well as reasonable legal fees.
8. Defendant's unpaid interest totals $3,400.25 as of October 2, 2008.
WHEREFORE, the Plaintiff demands Judgment against the Defendant in the
amount of $13,382.48 plus reasonable legal fees, costs, and interest as permitted by law.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Date: /d to By:
ayne M nick, Esquire
Attorney I.D. No. 53150
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
understand that false statements herein are made subject to the penalties of Pa.C.S. 54904,
relating to unsworn falsification to authorities.
Q O
Date
FEE AGREEMENT
1. KNOW ALL MEN BY THESE PRESENT, that the undersigned, Raymond
Holloway, hereinafter referred to as "Client," does hereby irrevocably name, appoint and retain,
Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., 36 South Hanover Street, Carlisle, PA as
my true and lawful attorney, hereafter referred to as "Counsel," for legal representation for the
following purpose: to draft and file a legal memorandum to Judge Ebert regarding custody, standing
and paternity; perform legal research regarding this issue; file a Notice of Appeal with the Superior
Court of Pennsylvania, if necessary.
2. With full power and authority to appear on behalf of the Client in any court of
record or in any other proceeding whatsoever, as per the limits of this Agreement.
3. And in consideration of services performed and to be performed by Counsel, it is
agreed that Counsel shall charge $190.00 per hour and receive a nonrefundable retainer of $2,500.00
payable upon execution of this Agreement. The retainer fee includes the legal fees stated above, as
well as the anticipated filing and administrative fees.
4. In addition, it is understood that the Client shall be solely responsible, in addition to
the fee, for all costs, expenses and disbursements that are necessary to the defense of the case. Out
of pocket expenses for travel, toll calls, expert witnesses, and similar items for certain administrative
services, such as photocopying, telecopy transmission and receipt, computer assisted research,
special delivery and secretarial overtime specifically related to your case, will be billed in addition to
the fee set forth above.
5. Client agrees to pay all bills within fourteen days of presentation. Client agrees to
pay 1.5% interest per month on all outstanding balances in excess of 30 days from the date of
invoice. If a bill is not timely paid, Counsel has the right to cease rendering legal services or, in
the case of a litigation matter, Counsel may petition any court to withdraw as counsel.
6. You may terminate our representation in this matter at any time. We have the
same right, subject to our obligation to give you reasonable notice to arrange alternative
representation. You also have a right to retrieve your file at any time. Abom & Kutulakis,
L.L.P. will maintain your file for a statutory period of 5 years. This is notice that your file will
be purged after the statutory period runs.
Date: 4?d'?
Raymo d Holloway
AaOM& KurULAKIS, L. L. P.
Date: 41 0
Kara W. Haggerty, Es e
Abom & Kutulakis
36 South Hanover Street
Carlisle, PA 17013
Raymond Holloway
4005 Riders Lane
Mechanicsburg, PA 17050
Attention:
RE:
Ph: (717) 249-0900
Fax: (717) 249-3344
Federal I.D. 25-1877844
Oct 02, 2008
FILE #: 06-170
INVOICE #: 25724
Total Fees, Disbursements $0.00
Retainer Applied $0.00
Retainer Remaining $0.00
Previous Balance $9,982.23
Previous Payments $0.00
Interest Paid Since Previous Invoice $0.00
Interest Due $3,400.25
Balance Due Now $13,382.48
q? /`! ?? IEt
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-06068 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ABOM & KUTULAKIS LLP
VS
HOLLOWAY RAYMOND
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
rr 1 r -1- - T T 1T1ff^ATT1 but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
the within named DEFENDANT
4005 RIDERS LANE
. HOLLOWAY RAYMOND
NOT FOUND , as to
MECHANICSBURG, PA 17050
DEFEDANT DOES NOT LIVE AT GIVEN ADDRESS. PER POST OFFICE
ruANrE OF ADDRESS IS TOO OLD-NO RECORD ON FILE.
Sheriff's Costs: So answers - -'??
Docketing 18.00 ?---
Service 10.00
Not Found 5.00 R. Thom s Kline
Surcharge 10.00 Sheriff of Cumberland County
Postage 59
/ 0/3 6/0 g 43.59- ABOM & KUTULAKI S
10/29/2008
Sworn and Subscribed to before
me this day of
A. D.
r -"
-ABOM &
KUTULAKIS
Wayne Melnick, Esquire
Attorney I. D. No.: 53150
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-0900
ABOM & KUTULAKIS, LLP, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY
VS.
RAYMOND HOLLOWAY, CIVIL ACTION - LAW
Defendant NO. 6068 OF 2008 CIVIL
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Pursuant to Pa R.C.P. 401(b)(1), please reinstate the Complaint in the above-
captioned matter.
Respectfully submitted,
Date: ! a
ABOM & KUTUL,4KIS, L.L.P.
By:
Wayn Melnick, Esquire
Attorney I.D. No. 53150
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
CERTIFICATE OF SERVICE
`2 hd
I, Wayne Melnick, Esquire, hereby certify that on this 1e day of December, 2008, a
true and correct copy of the foregoing Praecipe to Reinstate Complaint was served upon the
party named below via First Class Mail addressed as follows:
Raymond Holloway
6 Sheeley Lane
Boiling Springs, PA 17007
,/? Cam?
Wayne Melnick, Esquire
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rye
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06068 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ABOM & KUTULAKIS LLP
VS
HOLLOWAY RAYMOND
NOAH CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HOLLOWAY RAYMOND
the
DEFENDANT , at 2045:00 HOURS, on the 29th day of December , 2008
at 6 SHEELEY LANE
BOILING SPRINGS, PA 17007
ANTHONY HOLLOWAY, SON
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
So Answers:
Docketing 18.00
Service 4.50
Postage .56 Surcharge 10.00 R. Thomas Kline
.00
33.06 12/30/2008
ABOM & KUTULAKIS
Sworn and Subscibed to
By:
before me this day
Deputy Sheriff
of
A.D.
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OM &
Nu ULAKIS
IY/ayne Melnick, Esquire
Attorney I.D. No.: 53150
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 20-0900
ABOM & KUTULAKIS, LLP,
VS.
Plaintiff
RAYMOND HOLLOWAY,
Defendant
TO: Raymond Holloway
6 Sheeley Lane
Boiling Springs, PA 17007
Date of Notice: January 20, 2009
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO. 2008-06068
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9180 or
(717) 249-3166
Respectfully submitted,
DATE v OD
ABOM & KUTUL*KIS, LLP
Wayne Mel-lick, Esquire
36 S. Hanover Street
Carlisle, PA 17013
(717) 249-0900
ID No. 53150
II
CERTIFICATE OF SERVICE
AND NOW, this Vday of January, 2009, I, Emily Filiberti, of Abom & Kutulakis, L.L.P,
hereby certify that I did serve a true and correct copy of the foregoing Notice of Intent to Seek
Default judgment upon the Defendant by depositing, or causing to be deposited, same in the United
States Mail, postage prepaid addressed to the following:
Raymond Holloway
6 Sheeley Lane
Boiling Springs, PA 17007
Emily berti
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OM &
LITLILAKIS
Wayne Melnick, Esquire
Attorney 1.D. No.: 53150
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-0900
ABOM & KUTULAKIS, LLP, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY
Vs.
RAYMOND HOLLOWAY, CIVIL ACTION - LAW
Defendant NO. 2008-06068
PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT
To the Prothonotary:
Please enter judgment of default in favor of Plaintiff, Abom & Kutulakis, LLP,
and against Defendant, Raymond Holloway, for the Defendant's failure to plead to the
complaint in this action within the required time. The complaint contains a notice to
defend within 20 days from the date of service thereof. Defendant was served with the
complaint by the Cumberland County Sheriff's office on December 29, 2008.
Defendant's answer was due to be filed on January 19, 2009.
Attached as Exhibit "A" is a copy of Plaintiff s written Notice of Intention to File
Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the
Defendant at her last known address on January 16, 2009, which is at least 10 days prior
to the filing of this Praecipe. Defendant has no attorney of record.
v J
Please assess damages as follows:
Outstanding balance:
Iterest:
Costs:
Total:
DATE-
$10 ' 049.17
$4,094.58
$155.15
$14,298.90
Respectfully submitted,
ABOM & KUTULAKrs, LLP
Wayne lnick, Esquire
36 S. Hanover Street
Carlisle, PA 17013
(717) 249-0900
ID No. 53150
r V ? 40
ABOM c&
'
I?uTLILAKIS
Wayne Melnick, Esquire
Attorney LD. No.: 53150
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 20-0900
ABOM & KUTULAKIS, LLP,
VS.
RAYMOND HOLLOWAY,
or THE ko, . -n,
OT,? Y
2009 JAN 2I PH 2: 35
u.ITY
Fâ4?? llt,t?+n
IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
Defendant NO. 2008-06068
TO: Raymond Holloway
6 Sheeley Lane
Boiling Springs, PA 17007
Date of Notice: January 20, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9180 or
(717) 249-3166
Respectfully submitted,
ABOM & KUTUL¢Kis, LLP --%.
d? 4 ljD
DATE Jen
Wayne Melnick, Esquire
36 S. Hanover Street
Carlisle, PA 17013
(717) 249-0900
ID No. 53150
f? CERTIFICATE OF SERVICE
AND NOW, this day of January, 2009, I, Emily Filiberti, of Abom & Kutulakis, L.L.P,
hereby certify that I did serve a true and correct copy of the foregoing Notice of Intent to Seek
Default judgment upon the Defendant by depositing, or causing to be deposited, same in the United
States Mail, postage prepaid addressed to the following:
Raymond Holloway
6 Sheeley Lane
Boiling Springs, PA 17007
Emily berti
- i
CERTIFICATE OF SERVICE
AND NOW, this 25``' day of February, 2009, I, Emily J. Filiberti, of Abom &
Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing
Praecipe for Entry of Default judgment upon the Defendant by depositing, or causing to be
deposited, same in the United States Mail, postage prepaid addressed to the following:
Raymond Holloway
6 Sheeley Lane
Boiling Springs, PA 17007
A14-
Emily J. ilierti
N ?
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d
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Abom & Kutulakis, LLP : ? Confessed Judgment
2 West High Street : ® Other
Carlisle, PA 17013 : File No. 2008-06068
: Amount Due $10,049.17
V. :Interest $4,094.58
Raymond Holloway : Atty's Comm n o
6 Sheeley Lane : Cost $155.15 ca`
Boiling Springs, PA 17007 n <<, -? r
..% _° Y R7
-l CD
TO THE PROTHONOTARY OF THE SAID COURT: = _j
-`
The undersigned hereby certifies that the below does not arise out of a retail installmtole, ?
contract, or account based on a confession of judgment, but if it does, it is based on the approp 'e CA) rs
original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant talct 61
1974 as amended. -_j <
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Personal property.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as
above, directing attachment against the above-named garnishee (s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
S 2y, o 6 pAa-41
40-'X176
'1113, -?' Lass 11 G
9P 7?, sD '' 1
9,16,06 It it
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91 7) it l
and all other property of the defendant (s) in the possession, custody or control of the said garnishee (s).
T'Lo 6,0ae
? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the (..o
Defendant (s) described in the attached exhibit.
Date: Af?lj Signature: . 5'0 D ,.-
Date: 7, )'010 Z[.
Print Name: Wayne ?elnick
Address: 2 West High Street
Carlisle, Pa 17013
Attorney for: Abom & Kutulakis
Telephone: 717-249-0900
Surpreme Court ID No: 53150
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-6068 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Abom & Kutulakis, LLP Plaintiff (s)
From Raymond Holloway, 6 Sheeley Lane, Boiling Springs, PA 17007
(1) You are directed to levy upon the property of the defendant (s)and to sell Personal property.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$10,049.17
Interest $4,094.58
Atty's Comm %
Atty Paid $ G^SS
L.L. $.50
Due Prothy $2.00
Other Costs$155.15
Plaintiff Paid
Date: April 27, 2010
(Seal)
Deputy
REQUESTING PARTY:
Name Wayne Melnick, Esquire
Address: Abom & Kutulakis, LLP, 2 West High Street, Carlisle, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-0900
Supreme Court ID No. 53150
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
.. VOIr of C1tanG11r4'1
FILED-OFFICE
THE P"R0 H10-?40TAARY
2011 JAN -6 AM 9: 2?
""IJMBERLA?0 C t)uip'%k
.t,
Abom & Kutulakis, LLP
vs.
Raymond Holloway
Case Number
2008-6068
SHERIFF'S RETURN OF SERVICE
06/09/2010 09:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 9,
2010 at 2113 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Raymond Holloway, by making known unto Raymond Holloway, at 6 Sheeley Lane, Boiling Springs,
Cumberland County, Pennsylvania 17007, its contents and at the same time handing to him personally the
said true and correct copy of the same. Upon serving the writ of execution, a levy was completed.
Postcard and copy of levy mailed to attorney and letter mailed to defendant on 06-10-10.
01/05/2011 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: $69.01
January 05, 2011
SO ANSWERS,
RbNWY- R ANDERSON, SHERIFF
1ByN,_Zkj_4r?e ) V,- - 4
Sharon R. La
-vzyn ?,-L
0V4 ng4ty
-R_j? a532,98
il?i OURIT SAte She, ff. 7e eosoft I -1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NOOS-6068 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Abom & Kutulakis, LLP Plaintiff (s)
From Raymond Holloway, 6 Sheeley Lane, Boiling Springs, PA 17007
(1) You are directed to levy upon the property of the defendant (s)and to sell Personal property .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$10,049.17
Interest $4,094.58
L.L. $.50
Atty's Comm %
Atty Paid S d.0T. ( 5'
Due Prothy $2.00
Other Costs$155.15
Plaintiff Paid
Date: April 27, 2010
Davi 74)- Buell, Proth notary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Wayne Melnick, Esquire
Address: Abom & Kutulakis, LLP, 2 West High Street, Carlisle, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-0900
Supreme Court ID No. 53150