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
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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
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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
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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
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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)
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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
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Vd'Aikli0: Uir'i _?d3dWflJ
JAWNS 3N1 A0 331330
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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