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HomeMy WebLinkAbout05-0623Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire PA Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 facsimile a.peterlin@qateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------X GATES, HALBRUNER & HATCH, P.C., : Civil Action V. Plaintiff, Case No. pS - 1, 22 MICHAEL F. GATES, Defendant. ------------------------------------------------------X PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter the attached money judgment in the amount of $1,201.00. The undersigned certifies that a copy of this Praecipe has been mailed to the defendant. Respectfully Submitted, GATES, HALBRUNER & HATCH, P.C. Dated: By: 4.AlbN P er in, Esquire Attorneys for Plaintiff - COMMONWEALTH OF PENNSYLVANIA BOUNTY OF: Mag. Dlsl. No. 09-1-02 DJ Name'. Hon. ROBERT V. MANLOVE Address. 1901 STATE STREET CAMP HILL, PA Telephone (717) 761-0583 17011-0000 GATES,HALBRUNER, & HATCH, PC 1013 MOMMA RD APT/STE 100 LEMOYNE, PA 17043 ?a THIS IS TO NOTIFY YOU THAT: Judgment. Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS _ F&ATES,HALBRUNER, & HATCH, PC 1013 MAMMA RD APT/STE 100 LEMOYNE, PA 17043 L VS. J DEFENDANT: NAME and ADDRESS FGATES, MICHAEL F 124 W PORTLAND ST APT/STE 37 MECHANICSBURG, PA 17055 L J Docket No.: CV 0000437 04 Date Filed: 9/07/04 Q (Name) rATT?S;,HAT RRjTNFR c HATCH yr Y Judgment was entered against: (Name) GATES, mT HART. F in the amount of $ 1 , 2ni -on on: 11 Defendants are jointly and severally liable. El Damages will be assessed on: El This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 1 n/96 04 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date District Justice I certify that this is a tru r t copy, o e d of t proceedings containing the judgment. d?( Date }-- , District Justice My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 DATE PRINTED- 10/26/04 1:49:11 PM ? m ? ?^ n nor ? ?' ' ?? ? 4 ; ° - 'T-?vi E,. t- Vi [ '? ?, r` ?? v? i, '' ` !. W I ' J -- N :< :? -^' CERTIFICATE OF SERVICE I, Jeffrey L. Shaffer, Legal Assistant, hereby certify that a true and correct copy of the foregoing Praecipe to Enter Judgment has been served this day upon the following parties by United States first class mail, postage prepaid, addressed as follows: Michael F. Gates 124 W. Portland St., Suite 37 Mechanicsburg, PA 17055 pro se GATES, HALBRUNER & HATCH, P.C. Date: By: L JAN 2 6 2005 Je y . Shaffer Attorneys for Plaintif V-k V7 W C 0 7 r C ,t l yi .t J N } t; 4? Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire PA Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 facsimile a.peterlin@gateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------ X GATES, HALBRUNER & HATCH, P.C., Plaintiff, Civil Action ClotL`T ? v. MICHAEL F. GATES, Defendant. ------- ----------------------- ------------------------ X Case No. O S - Ib;t3 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Michael F. Gates, defendant; and (3) against Commerce Bank, garnishee; (4) and index this writ (a) against Michael F. Gates, defendant and (b) against , as garnishee as a lis pendens against real property of the defendant in name of garnishee as follows: (5) Amount Due $ 1,201.00 Interest from 10/26/2004 $ 17.97 [Costs to be added] $ 184.75 Respectfully Submitted, GATES, HALBRUNER &.HATCH, P.C. Dated: By: Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jeffrey L. Shaffer, Legal Assistant, hereby certify that a true and correct copy of the foregoing Praecipe for Writ of Execution has been served this day upon the following parties by United States first class mail, postage prepaid, addressed as follows: Michael F. Gates 124 W. Portland St., #37 Mechanicsburg, PA 17055 pro se GATES, HALBRUNER & HATCH, P.C. Date: JAN 2 6 2005 By: L -- Jeff: y L. Shaffer Attorneys for Plaintiff v4- :P (,1 1. `V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-623 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GATES, HALBRUNER & HATCH, P.C. Plaintiff (s) From MICHAEL F. GATES, 124 W. PORTLAND ST., #37, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK GARNISHEE(S) as follows: and to notify the gamishee(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 bmilher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,201.00 Interest FROM 10/26/04 - $17.97 Atty's Comm % Arty Paid $37.25 Plaintiff Paid Date: FEBRUARY 2, 2005 (Seat) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name ALBERT N. PETERLIN, ESQUIRE Address: GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043-1144 Attorney for: PLAINTIFF Telephone: 717-731-9600 Supreme Court ID No. 84180 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-00623 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND TES HALBRUNER & HATCH P C VS GATES MICHAEL F And now SHANNON SHERTZER , Sheriff or Deputy Cumberland County, Pennsylvania, who being duly sworn accordi to law, at 0009:28 Hours, on the loth day of February , 2005, as herein commanded all goods, chattels, rights, debts, credi moneys of the within named DEFENDANT GATES MICHAEL F hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE. PA 17013 Cumberland County, Pennsylvania, by handing to TRACY MORIN (ASST. MANAGER personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known Sheriff's Costs Docketing .00 Service .00 Affidavit .00 Surcharge .00 nn So answers: R. Thomas Kline Sheriff of Cumberland Cc 00/00/0000 By Sworn and subscribed to before me t is day of L X-b 0 ArD.\ k y iff of ttached , and in the to Her Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire PA Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 facsimile a. peterlinP-gateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA GATES, HALBRUNER & HATCH, P.C., : Plaintiff, Civil Action Case No. 05-623, Civil Term V. MICHAEL F. GATES, Defendant. ------------------------------------------------------X INTERROGATORIES TO GARNISHEE TO: Commerce Bank 3 Crossgate Dr. Mechanicsburg, PA 17050 YOU ARE REQUIRED TO FILE ANSWERS UNDER OATH TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU. 1. At the time you were served or at any subsequent time, has the Defendant, either individually or jointly with any other party, maintained a checking, savings, commercial or other type of account at your institution either as owner, agent, maker or in any other capacity? ye 2. If the answer to Interrogatory No. 1 is "yes", state for each account: a. Name in which such was maintained; mlcrIW1 IF (-UkrS Interrogatories to Garnishee, Page 1 of 3 b. Names and addresses of all persons or entities having an interest therein; ???C11C>Ll F (gin ? F3?+?? PQI?IGI1Q,?fi A?? , YY1eChCul?tSbUY pa i??-r?) 5 C. Names and addresses of all persons or entities authorized to draw thereon; Inc ?1c (tM 1= &olS, f?i4 1u POD+iali? Si .t1?t ? }Ylefhctt?lZS???'rcl d. Account Number; J e. Location of office where account maintained; f. Date opened; ti-1U Iw) g. Dollar amount therein on date of service; sl5Lyl?,51 h. Date and amount of each deposit or withdrawal therefrom after the date of service. 3. At the time you were served or at any subsequent time, did you have in your possession, custody or control (as fiduciary, trustee or otherwise) any property, tangible or intangible, in which the Defendant had any interest whatsoever, including but not limited to trust accounts, certificates of deposit, pledges, promissory notes, etc. ' it p ns er ?'?1eSi i??n . 4. If the answer to Interrogatory ?o. 3 i? "yes"?, stat,e: a. Brief description thereof; b. Location thereof; C. Date that you received same; d. Dollar amount or value thereof; e. Terms upon which the property is being held; Names and addresses of all persons, entities or companies having an interest therein. 5. At the time you were served or at any subsequent time, did you have a security interest in any property in which the Defendant had an interes either individually or jointly with any other party or were you holding any document of title or other collateral of any land as security for any loan or time purchase transaction in which your institution was a party. . P CtY1SW0- -1?) testl?n . 6. If the answer o No. 5 is "yes", stat for each loan: Interrogatories to Garnishee, Page 2 of 3 a. Names and addresses of parties thereto; b. Original loan amount and present balance owed; C. Amount of monthly payments and whether current; d. With regard to the collateral for such loan, the names and addresses of the owners thereof, a brief description thereof and the dollar amount or value thereof. Respectfully Sub fitted, GATES, HALBR & ATC , RC. J 717t Dated: I0?I?A105 By: A rt eterlin sq e Attorneys for Debtor Interrogatories to Garnishee, Page 3 of 3 ^, .._, _. ; -. ?. ?.;; IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Rd., Suite 100 Lemoyne, PA 17043-1144 Plaintiff, V. MICHAEL F. GATES, 124 W. Portland St., #37 Mechanicsburg, PA 17055-7402 Defendant. V. COMMERCE BANK 3 Crossgate Dr. Mechanicsburg, PA 17050-2459 Garnishee. Civil Action Case No. 05-623, Civil Term PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: Enter judgment in favor of plaintiff and against the above-named garnishee Commerce Bank in the sum of $1,562.51, admitted in its answers to interrogatories as being owing to the defendant and that is not greater than the sum due from defendant to plaintiff, calculated as follows: $1201.00 J Judgment against Defendant $ 77.19 Interest from 26 October 2004 $ 675.25 Costs $1953.44 Total Plaintiff reserves the right to refrain from discontinuing attachment and to proceed against the garnishee as to any further property or to contest any right in the property claimed by the garnishee. Page 1 of 2 I certify that the last known address of plaintiff, defendant[s], and garnishee are as set forth in the above caption Respectfully Submitted, GATES, HALBRUNERJ/ & HATCH, P.C 4 ' 1 1J Date: By. Albert N. erlin, Es uire / 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 fax a.peterlin@gateslawfirm.com JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236 Pro Prothonotary Page 2 of 2 Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire PA Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 facsimile a.peterlin(a)gateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------X GATES, HALBRUNER & HATCH, P.C., : Plaintiff, Civil Action Case No. 05-623, Civil Term V. MICHAEL F. GATES, Defendant. ------------------------------------------------------X INTERROGATORIES TO GARNISHEE TO: Commerce Bank 3 Crossgate Dr. Mechanicsburg, PA 17050 YOU ARE REQUIRED TO FILE ANSWERS UNDER OATH TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU. At the time you were served or at any subsequent time, has the Defendant, either individually or jointly with any other party, maintained a checking, savings, commercial or other type of account at your institution either as owner, agent, maker or in any other capacity? yes If the answer to Interrogatory No. 1 is "yes", state for each account: a. Name in which such was maintained; NOI CC V, cv w,S Interrogatories to Garnishee, Page 1 of 3 b. Names and addresses of all persons or entities having an interest therein; mtiC11C?1 F Gay 1bl+??l FO?lUti?1,5? App ??YY1eg1ittlifbUr 'Pa H5 C. Names and addresses of all persons or entities authorized to draw thereon; IBC! ?YlIC?tCtei v Cites, I'M W `??t+tar?d Si AV+ 61, VYMIC?RICSbug d. Account Number; b% or) iMl cU e. Location of office where account maintained; OL11VPO t1 (OAW C `t? O CVl"ltW i-4t'?4 i VVIC01IICSIOLi\c? CS D f. Date opened; ,}-J It ? CT) g. Dollar amount therein on date of service; to L?) cDi h. Date and amount of each deposit or withdrawal therefrom after the date of service. 3. At the time you were served or at any subsequent time, did you have in your possession, custody or control (as fiduciary, trustee or otherwise) any property, tangible or intangible, in which the Defendant had any interest whatsoever, including but not limited to trust accounts, certificates of deposit, pledges, promissory notes, etc. .?ee C?nSwer -t<? C??'ieSrti??n ?,. 4. If the answer to Interrogatory I 3 i "yes", state: Brief description thereof; b. Location thereof; C. Date that you received same; d. Dollar amount or value thereof; e. Terms upon which the property is being held; Names and addresses of all persons, entities or companies having an interest therein. 5. At the time you were served or at any subsequent time, did you have a security interest in any property in which the Defendant had an interes either individually or jointly with any other party or were you holding any document of title or other collateral of any land as security for any loan or time purchase transaction in which your institution was a party. ?jt-r ? J ttesi i?Ji'? ?l - 6. If the answer {o No.C5?11is "S1?Jc'Y yes"? , sta for each loan: Interrogatories to Garnishee, Page 2 of 3 Names and addresses of parties thereto; Original loan amount and present balance owed; Amount of monthly payments and whether current; d. With regard to the collateral for such loan, the names and addresses of the owners thereof, a brief description thereof and the dollar amount or value thereof. Respectfully Sutittedd, S, HALBATC , P.C. GATE Dated: 10)4 05 By: f LA6 r eterlin, sq e Attorneys for Debtor Interrogatories to Garnishee, Page 3 of 3 CERTIFICATE OF SERVICE I, Jeffrey L. Shaffer, Legal Assistant, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Judgment by Admission Against Garnishee and Certification of Addresses, has been served this day upon the following parties by United States first class mail, postage prepaid, addressed as follows: MICHAEL F. GATES, 124 W. Portland St., #37 Mechanicsburg, PA 17055-7402 COMMERCE BANK 3 Crossgate Dr. Mechanicsburg, PA 17050-2459 Respectfully submitted, Date: November 21, 2005 GATES, HALBRUNER & HATCH, P.C. By: n C Jeffr L Shaffer, L al Assistant 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Debtors) w to ?f -t: K: IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA GATES, HALBRUNER & HATCH, P.C. Plaintiff Civil Action V. MICHAEL F. GATES Defendant NO: 05-623, Civil Term V. COMMERCE BANK Garnishee TO THE PROTHONOTARY: PRAECIPE Please mark the judgment entered against Commerce Bank, and only as against Commerce Bank, in the above-captioned action satisfied, thereby releasing the attachment issued in the matter against the Garnishee, Commerce Bank. This Praecipe does not satisfy the judgment against Michael F. Gates or otherwise release the Defendant in the above-captioned action. Respectfully submitted, & HATCH, P.C. Date: March 17, 2006 By:, Matthew J. Eshelman, Esquire Supreme Court ID #72655 1013 Mumma Road Lemoyne, PA 17043 (717) 731-9600 rt.1 S?' Matthew J. Eshelman, Esquire Court ID No. 72655 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, Pennsylvania 17043 (717) 731-9600 Office (717) 731-9627 Fax IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA GATES, HALBRUNER & HATCH, P.C., Plaintiff Case No. 05-623, Civil Term V. MICHAEL F. GATES, Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered against the Defendant in the above-captioned action satisfied. Respectfully GATE?Sj IIAL*HMIK & HATCH, P.C. Date: V/10 By: iill---- Matth6 J. E helman, Esquire CO _ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned STAYED. Sheriff's Costs: Advance Costs: 150.00 Sheriffs Costs 150.00 Docketing 18.00 000.00 Poundage 5.03 Advertising 10.00 Law Library .50 Prothonotary 1.00 Refunded to Atty on 07/17/07 Mileage 11.10 Misc. Surcharge 40.00 Levy 40.00 Post Pone Sale 15.00 Certified Mail Postage .37 Garnishee 9.00 ? 7/a??o7 TOTAL 150.00 So Answers; R. Thomas Kline, Sheriff By L LUM L MO :01 b E- 933 SOOT = Vd'Aikli0: Uir'i _?d3dWflJ JAWNS 3N1 A0 331330 a 6140 ?' CA- 95 ? ? ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-623 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GATES, HALBRUNER & HATCH, P.C. Plaintiff (s) From MICHAEL F. GATES, 124 W. PORTLAND ST., #37, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK 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 $1,201.00 Interest FROM 10/26/04 - $17.97 Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: FEBRUARY 2, 2005 (Seal) L.L. $.50 Due Prothy $1.00 .? Other Costs CURTIS R. LONG Prothonota Deputy REQUESTING PARTY: Name ALBERT N. PETERLIN, ESQUIRE Address: GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043-1144 Attorney for: PLAINTIFF Telephone: 717-731-9600 Supreme Court ID No. 84180