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Home My WebLink About14-2164 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW, f ADVANTAGE PREMIUM HORSE . " BLEND, Plaintiff, t U . lj c t No. � _I aA Lo V. DAN MILLER, : Defendant. PRAECIPE FOR ENTRY OF APPEARANCE TRANSFER OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter my appearance for the Plaintiff in the above matter, enter judgment in favor of Plaintiff Advantage Premium Horse Blend and against Defendant Dan Miller on the duly authenticated copy of the judgment hereto attached (Exhibit "A ") of Magisterial District Court No. 09 -3 -01, Docket No. MJ- 09301 -CV- 0000209 -2012 entered in the jurisdiction noted therein, and assess damages as follows: $ 7,513.50 Judgment due $ 638.66 Interest from November 5, 2012 at 6% per annum ($1.24 per diem) $ 8.152.16 Real Debt � 3�. a °`� (continued on following page) ��`� L4 Pursuant to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that said judgment was entered in the said jurisdiction in said amount with costs and interest due as noted, no part of which has been paid (except as noted) and which is valid, enforceable, and unsatisfied. STARK & STARK A Professional Corporation DAMAGES ASSESSED AND JUDGMENT ENTERED AS ABOVE By: NOTICE GIVEN UNDER PA. R.C.P. 236 Je ey finer, Esquire Supre Co I.D. No. 3393 401 Route 73 North 40 Lake Center Executive Park Suite 130 Marlton, NJ 08053 Phone: 856- 874 -4443 Fax: 856- 874 -0133 Dated: April 7, 2014 1 1v- COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Meg, Dist. No: MDJ- 09 -3 -01 Advantage Premium Horse Blend MDJ Name: Honorable H. Anthony Adams V. Address, 35 West Orange $treat Dan Miller Shippensburg, PA 17257 Telephone: 717- 532 -7676 Darin Thomas Orsini, Esq. Docket No: MJ- 09301 -CV- 0000209 -2012 Jeffrey Dragon PA Case Filed: 10/9/2012 1842 Route 70 E Cherry Hill, NJ 08003 -2007 _....,._... - .,, ._........., _ ..... ........................._._._, .........__ Disposition Summary ._....._.. ................_... ,......._........ .. Plaindilt Defendant 01sposition Disposition Date MJ- 09301 -CV- 0000209.2012 Advantage Premium Horse Blend Dan Miller Judgment for Plaintiff 11/05/2012 Judgment st,mmary w..... Partmoloant JolU ISeveral LIa611lIX individual Liability Amount Advantage Premium Horse Blend $0.00 $0,00 $0.00 Dan Miller $0.00 $7,513.50 $7,513.50 Jutlgr Detail ( "Post Judgment) °... _' .'.... .. ...... ...... ....... In the matter of Advantage Premium Horse Blend vs. Dan Miller on 11/05/2012 the Judgment was awarded as follows: Judgmen .C omponent Jointl9everal LWbility indtvlduol Llabtlity Del2gatt Applied oun Civil Judgment $0.00 $7,380.00 $7,380.00 Costs $0.00 $163.80 $153.80 Grand Total; $7,513,50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICL.ERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTIrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF Civil. PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 as ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE II= THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, r� -- Date Date Maglsterlal District Judge H. Anthony Adorns certify that s is a true anel correct copy of recoM o e proceedings containing the judgment. Date Magisterial District Judge MDJ6316 Page 1 of 2 Printed: 1110512012 3:41:19PM Advantage Premium Horse Blend Docket No.: MJ- 0 9301 -CV- 0000209 -2012 V. Dan Miller Participant List Plaintiffs) Advantage Premium Horse Blend PO Box 502 Berlin, NJ 08009 Defendant(a) Dan Miller t f 480 Walnut Bottom Road Shippensburg, PA 17267 _ t~ COmplalnant's Attorney(s) Darin Thomas Orsini, Esq.' �y Jeffrey Dragon PA 1842 Route 70 B Cherry Hill, NJ 08003.2007 y= MDJ8 315 Page 2 of 2 Printed: 11/05/2012 U1.191210 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW ADVANTAGE PREMIUM HORSE BLEND, Plaintiff, f V. No. DAN MILLER, Defendant. CERTIFICATION OF ADDRESS VALIDITY I, Jeffrey A. Weiner, the undersigned, hereby verify as follows: 1. The last known U.S. Post Office address of the Plaintiff and Judgment Creditor Advantage Premium Horse Blend is P.O. Box 502, Berlin, NJ 08009. 2. The last known U.S. Post Office address of Defendant and Judgment Debtor Dan Miller is 490 Walnut Bottom Road, Shippensburg, PA 17257. 1 understand that any false statements made herein are subject to the penalties of 18 Pa. Const. Ann. § 4904 (relating to unsworn falsification to authorities). STARK & STARK A Professional Corporation By: rey einer, Esquire Supre ou I.D. No. 3393 401 Route 73 North 40 Lake Center Executive Park, Suite 130 Marlton, NJ 08053 Phone: 856- 874 -4443 Fax: 856- 874 -0133 Dated: April 7, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW ADVANTAGE PREMIUM HORSE BLEND, Plaintiff, / No. ' pl lUl �y V. : DAN MILLER, Defendant. AFFIDAVIT OF NON - MILITARY SERVICE I, Jeffrey A. Weiner, Esquire, being duly sworn, according to law, deposes and says that he is the attorney for Plaintiff; that he is authorized to make this Affidavit on behalf of Plaintiff, and that the above -named Defendant, Dan Miller, is not in the Military or Naval Service of the United States or its Allies, or otherwise as defined within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and the amendments thereto. J ffrey r, Esquire Signed and Sw rn Bef e Me this day of , 2014 -Notary Public ' THERM A. ALTABIANO NOTARY PUBLIC NEW JERSEY MY COMMISSION EXPIRES NOV. 25,2M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW ADVANTAGE PREMIUM HORSE BLEND, Plaintiff, : v. No. j — 1 - C A . U t . DAN MILLER, Defendant. RULE 236 NOTICE To: Dan Miller 490 Walnut Bottom Road Shippensburg, PA 17257 Pursuant to Pa. R.C.P. No. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: Judgment by Default X Money Judgment by Default Judgment in Award of Arbitrators Foreign Judgment: IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: JEFFREY A. WEINER At this telephone number: 856- 874 -4443 �I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Advantage Premium Horse Blend VS. Dan Miller Address: 490 Walnut Bottom Road Shippensburg, PA 17257 Confessed Judgment Plaintiff CI Other File No. 14 -2164 • Amount Due 7513.50 Defendant . Interest 638.66 Atty's Comm �� Costs 20Co�709' TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all personal property including but not limited to fixtures, equipment, inventory, accounts receivable, cash, furnishings, and any other property located at the above address as well as the real property known as 490 Walnut Bottom Road, Shippensburg, PA 17257. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [] (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date April 24, 2014 Signature: tea & S0-1 ju_t. 3i .as OW Print Name: Address: Attorney for: Telephone: 0-S-1)LeC Jpreme Court ID No: 3393 estate of the 401 Rt. 73 North, Suite 130 Marlton, New Jersey 08053 Plaintiff 856- 874 -4443 (\jr. LIS1) PQ_._w 26s 041-2 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net ADVANTAGE PREMIUM HORSE BLEND Vs. DAN MILLER WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14 -2164 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DAN MILLER, 490 WALNUT BOTTOM ROAD, SHIPPENSBURG, PA 17257 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ANY AND ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO FIXTURES, EQUIPMENT, INVENTORY, ACCOUNTS RECEIVABLE, CASH, FURNISHINGS, AND ANY OTHER PROPERTY LOCATED AT THE ADDRESS AS WELL AS THE REAL PROPERTY KNOWN AS 490 WALNUT BOTTOM ROAD, SHIPPENSBURG, PA 17257. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $7,513.50 Interest $638.66 Attorney's Comm. % Attorney Paid $59.75 Date: 4/28/14 (Sean REQUESTING PARTY: Name : JEFFREY A. WEINER, ESQUIRE Address: STARK & STARK 401 RT. 73 NORTH, SUITE 130 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856- 874 -4443 Supreme Court ID No..3393 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY -r,a- PRO U�l} ?Nit JUL -3 AH IC 30 CUMBERLAND COUNT `i' PENNSYLVANIA Advantage Premium Horse Blend vs. Case Number Dan Miller 2014-2164 SHERIFF'S RETURN OF SERVICE 05/30/2014 08:32 PM - Brian Grzyboski, Deputy, who being duly sworn according to law, served a true copy of the within Writ of Execution, upon the defendant, to wit: Dan Miller, by making known unto Dan Miller, at 490 Walnut Bottom Road, Southampton Township, Shippensburg, PA 17257, Cumberland County, its contents and at the same time handing to the defendant personally the said true and correct copy of the same. Upon serving the Writ of Execution, defendant paid $ 8,427.00 to Deputy, Brian Grzyboski. 07/02/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $215.09 SO ANSWERS, July 02, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuitc Sheriff, Teleosoft, inc. DISTRIBUTION PLAINTIFF Advantage Premium Horse Blend. WRIT NO. 2014-2164 Advantage Premium Horse Blend Vs Dan Miller Real Debt $ 7,513.50 Interest 638.66 Attorney's Comm. Writ Costs, Atty 59.75 Writ Costs, Pltff. Miscellaneous Attorneys Fees TOTAL $ 8,211.91 Sheriff's Costs Docketing Poundage Law Library Prothonotary Service Mileage Postage Advertising Garnishee Postpone Sale Bad Check Charge Surcharge Levy TOTAL 18.00 150.27 .50 2.25 22.60 1.47 20.00 $ 215.09 Remitter Paid to Sheriff Advance Costs Total Collected Pd. To Pltff. Refund of Adv. Costs Sheriff's Costs 8,211.91 150.00 215.09 $ 8,427.00 150.00 $ 8,577.00 So Answers: R iff AneT rson 3)4a,(4o