HomeMy WebLinkAbout14-1788 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -3 -05 Diann Cockrell
MDJ Name: Honorable Mark Martin V.
Address: 507 North York Street Michael Weibley
Mechanicsburg, PA 17055
Telephone: 717 -766 -4575
Diann Cockrell Docket No: MJ- 09305 -CV- 0000124 -2012
5118 Erbs Bridge Rd Case Filed: 6/22/2012
Mechanicsburg, PA 17050
Disposition Summary (cc -Cross complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09305 -CV- 0000124 -2012 Diann Cockrell Michael Weibley Default Judgment for Plaintiff 09/07/2012
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Diann Cockrell $0.00 $0.00 $0.00
Michael Weibley $0.00 $5,848.00 $5,848.00
Judgment Finding (*Post Judgment)______ ._
In the matter of Diann Cockrell vs. Michael Weibley on MJ- 09305 -CV- 0000124 -2012, on 9/07/2012 the judgment was awarded as
follows:
The amount of rent per month, as established by the Magisterial District Judge, is $0.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $5,700.00 $5,700.00
Filing Fees $0.00 $148.00 $148.00
Grand Total: $5,848.00
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERK OF 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 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 BE 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 IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. 2
Date vv/ Magisterial District Judge Mark Martin
certify that this is a true and correct copy of the record of the proceedings con amin e u g en .
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 11/04/2013 3:59:13PM
Diann Cockrell Docket No.: MJ- 09305 -CV- 0000124 -2012
r <.
V.
Michael Weibley
Participant List
Plaintiff(s)
Diann Cockrell
5118 Erbs Bridge Rd
Mechanicsburg, PA 17050
Defendant(s)
Michael Weibley rc
1476 Valley Rd. t
Marysville, PA 17053 `
P �Gti
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MDJS 315 Page 2 of 2 Printed: 11/04/2013 3:59:13PM
DIANN COCKRELL, IN THE COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
MICHAEL WEIBLEY,
Defendant
NO. 14 -1788
CIVIL ACTION
PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES
TO THE PROTHONOTARY:
C2
•
Issue a Notice of Intent to Attach Wages in the above matter
(1) Against MICHAEL WEIBLEY, Defendant, and
(2) the EASTERN DISTRIBUTION CENTER, UNITED STATES
DEPARTMENT OF DEFENSE, NEW CUMBERLAND, C/O GARNISHMENT
OPERATIONS - HGA, P.O. Box 998002, Cleveland, OH 44199-
8002, Employer of Defendant, MICHAEL WEIBLEY.
Date: March 31 , 2014
111NIFE B.HIPP, ESQUIRE
1 West\ Main Street
Shiremanstown, PA 17011
Telephone: (717) 737 -8761
ID No. 86556
Attorney for Plaintiff
Diann Cockrell
Judgment Creditor - Landlord
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CLm 2atoS
DIANN COCKRELL, : IN THE COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANI4
Plaintiff
c$
V. : NO. 14-1788
MICHAEL WEIBLEY, v/
Defendant : CIVIL ACTION
CD -
CD cs,)
(;)
CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD
I certify that:
1. The plaintiff judgment-creditor is Diann Cockrell, 5118
Erbs Bridge Road, Mechanicsburg, PA 17055.
2. The defendant judgment-debtor is Michael Weibley, 1476
Valley Road, Marysville, PA 17053.
3. The employer garnishee is Eastern Distribution Center,
United States Department of Defense, New Cumberland,
c/o Garnishment Operations - HGA, P.O. Box 998002,
Cleveland, OH 44199-8002, employer of Defendant Michael
Weibley.
4. The judgment arises out of a residential lease for the
premises at 409 S. High Street, Apt. 7, Mechanicsburg,
Pennsylvania 17055.
5. (a) The amount of the judgment is $5,848.00.
(b) A security deposit in the amount of $495.00 was
being held by the judgment creditor-landlord.
This security deposit has not been applied to
payment of rent due on the same premises for which
the judgment has been entered. The amount of the
judgment once the security deposit was applied is
$5,353.00.
(c) The Defendant has not paid any money towards the
satisfaction of the judgment.
6. This praecipe is filed within five years of the date of
the original judgment upon which execution is sought.
7. The judgment was entered in an action brought before a
magisterial district judge.
8. The judgment was entered in a civil action
(Pa.R.C.P.M.D.J. 301 et. seq.) before a magisterial
district judge, a copy of the complaint filed with the
magisterial district judge is attached to this Notice
as Exhibit "A", showing that the action arose from a
residential lease.
I certify that the statements made in this Certification are
true and correct. I understand that false statements herein are
made subject to the penalties of 10 Pa.C.S. § 4904 relating to
unsworn falsification to authorities.
Date:
Diann Cockrell
Judgment Creditor-Landlord
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-3-05
MDJ Name: Honorable Mark Martin
Address: 507 North York Stree
Mechanicsburg, PA 17055
Telephone:
717'706-4575
FILING COSTS
POSTAGE
AMOUNT
0
SERVICE COSTS $
CONSTABLE ED. $
TOTAL
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$ � K� � DO ^~� �/
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Civil Complaint
NAME and ADDRESS
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DEFE DANT: NAME and ADDRESS
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ocket No: ~=
ase Filed /o-77~17�
Social Security Numbers and-lindbnayNfbnna nn
should not be listed. If the identity of an account number
must be established, list only the last four digits. 204
pa.Cou°§§z1z.1 -zmz
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(e.g. PINs)
Po.R.C.P.OJ. No. 20G sets forth those costs recoverable by the prevailing party.
To The Defendant: The above named p|ain1iff(n) asks judgment against you for $ 5-7/cy, together with costs
upon the following claim (Civil fines must include citation of the statute or ordinance violated):
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�* {���/� -�^ // verify // `
t�� t to the
best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of
the
Crimes Code (18 PA. C.S. § 4904) related to unswom falsification to authorities.
n�uneofP|ainbffurAu�ohzog^�"~^ 1159 /M?
The plaintiffs attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D,J. 207.1
If you intend to enter a def nnptothiscomp|aintynuahou|dnndfythisufficeimnnodiate|yutthoahovcte|ophononumbec You
must appear at the hearing and present your defense. Unless you do, judgment may be entered against you by default
If you have a claim against the plaintiff which is within the magisterial district judge jurisdiction and which you intend to assert at the
hearing, you must file it on a complaint for at this office at least five days before the date set for the hearin � �. •
dU� -/�
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services,
please contact the Magisterial District Court at the above address or telephone number. We are unable to provide
transportation.
MDJS 308A
Printed: 09/01/2011 10:42:05AM
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
r ot THE PROTHN3 TAi•C;
21311i APR 1 I PH 2: 37
CUMBFRLAND COUNTY
PENNSYLVANIA
OFFC C,F T t-q,RIFF
Diann Cockrell
VS,
Michael Weibley
Case Number
2014-1788
SHERIFF'S RETURN OF SERVICE
04/02/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Michael Weibley, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within
Certification by Judgment Creditor and Notice of Intent to Attach Wages according to law.
04/07/2014 10:40 AM - The requested Notice of Intent to Attach Wages served by the Sheriff of Perry County upon
Michael Weibley, personally, at 1476 Valley Road, Marysville, PA 17053. Carl Nace, Sheriff, Return of
Service attached to and made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
April 08, 2014 RONNY R ANDERSON, SHERIFF
CourityStiffe Sheriff, Teleosoft,
Diann Cockrell
Versus
Michael Weibley
And now
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
No. 14- 1788 Cumberland County
SHERIFF'S RETURN
April 7 , 2014: Served the within name Michael Weibley
the defendant(s) named herin, personally at his place of residence in Rye Twp -1476 Valley
Rd., Marysville
Perry County, PA, on April 7 , 2014 at 10:40 o'clock AM
by handing to Michael Weibley, Defendant
copy(ies) of the within Notice of Intent to Attach Wages
and made known to him the contents thereof
Sworn and subscribed to before me this .41:1
day of / p( ■
, oi-olq
Tao
P.. -1-y
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL Public
MARGARET F. FLICKINGER, Cou County
Bloomfield eo Perry 16, 2016
My Commission Expires
1 true and attested
Deputy Sheriff of Perry County
DIANN COCKRELL
v.
MICHAEL WEIBLEY
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-1788
Defendant : CIVIL ACTION rn
(Pr— rye
G •
c
PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT' -'
OF WAGES UPON MICHAEL WEIBLEYcr
� 4�J
TO: DAVID D. BUELL, PROTHONOTARY:
A Notice of Judgment/Transcript Residential
with the Cumberland County Prothonotary's Office
rylp
Lease has been filed
against the Defendant,
MICHAEL WEIBLEY, in the amount of $5,353.00. Please issue a Writ of
Attachment of
WEIBLEY.
Mr.
United States
Wages, Salary or Commissions of Defendant, MICHAEL
Weibley's employer is the Eastern Distribution Center,
Department of Defense, New Cumberland, C/O Garnishment
Operations - HGA, P.O. Box 998002, Cleveland, OH 44199-8002. Mr.
Weibley was served with a Notice of Intent to Attach Wages by the Perry
County Deputy Sheriff, as deputized by the Cumberland County Sheriff,
on April 7, 2014.
Exemption of Wages
A copy of the
Defendant Weibley has not timely filed a claim for
from Attachment.
Cumberland County Deputy Sheriff's Return of Service
and the Perry County Deputy Sheriff's Return of Service are attached
hereto as Exhibit "A".
DATE: j k?/Z \'
�3�.0° 1)det-
a 3 , S << 4
JENNIlEn B. H]PP, Esquire
Pa. I. No. 86556
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
CERTIFICATE OF SERVICE
I, Jennifer B. Hipp, Esquire, hereby certify that I am this day
serving the foregoing PRAECIPE. FOR ISSUANCE OF WRIT OF ATTACHMENT OF
WAGES UPON MICHAEL WEIBLEY upon the following named individuals this
day by depositing same in the United States Mail, First Class, postage
prepaid, at Shiremanstown, Pennsylvania, addressed as follows:
Date:
\etetfI�
Eastern Distribution Center
United States Department of Defense
New Cumberland
C/O Garnishment Operations - HGA
P.O. Box 998002
Cleveland, OH 44199-8002
Michael Weibley
1476 Valley Road
Marysville, PA 17053
16-7
Jenni'er1B. Hipp, Esquire
Pa. I. . No. 86556
One We -t Main Street
Shiremanstown, PA 17011
(717) 737-8761
2
SHERIFF'S����U�����������
OFFICE .`=u_ OF CUMBERLAND COUNTY
.
Ronny RAnderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFICE OF Elj.ERIFF
Diann Cockrell
vs.
Michael Weibley
Case Number
2014-1788
SHERIFF'S RETURN OF SERVICE
04X02/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Michael Weibley, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within
Certification by Judgment Creditor and Notice of Intent to Attach Wages according to law.
0407/2014 10:40 AM - The requested Notice of Intent to Attach Wages served by the Sheriff of Perry County upon
Michael Weibley, personally, at 1476 Valley Road, Marysville, PA 17053. Carl Naue, Sheriff, Return of
Service attached to and made part 'of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
April 08, 2014 RON R ANDERSON, SHERIFF
EXHIBIT
Diann Cockrell
Versus
— Midhael Weibley
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
No. 14- 1788 Cumberland County
SHERIFF'S RETURN
And now April 7 , 2014 : Served the within name Michael Weibley
the defendant(s) named herin, personally at his place of residence in Rye Twp -1476 Valley
Rd., Marysville
Perry County, PA, on April 7 , 2014 at 10:40 o'clock AM
by handing to Michael Weibley, Defendant
copy(ies) of the within Notice of Intent to Attach Wages
and made known to him the contents thereof
Sworn and subscribed to before me this "74
So answers
day of
pr; , 04 (1
M :7-cucAL-
CO A
NOTARIAL SEAL
MARGARET F. FLICKINGER, Notary Public
Bloomfield Perry County
Boro,
My Commission Expire February 16, 2016
, -
OF PENNSYLVANIA
1 true and attested
Deputy Sheriff of Perry County
Diann Cockrell IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS CIVIL DIVISION
Michael Weibley
No. 14-1.788 Civil Term
TO: Eastern Distribution Center, United States Department of Defense
RE: Residential Lease between Plaintiff and Defendant
WRIT OF ATTACHMENT
The above employer shall attach and deduct from the wages of the above employee a sum not to
exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net
income below poverty income guidelines as provided annually by the Federal Office of Management and
Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items:
1. Federal, State and Local income taxes;
2. F.I.C.A. payments and non -voluntary retirement payments;
3. Union dues; and,
4. Health insurance premiums
The amount wages to be attached shall total $5,353.00
(plus costs)
The employer shall send the attached wages to the Prothonotary, Cumberland County
Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff -Creditor: Diann
Cockrell within fifteen (15) days from the close of the last pay period in each month. The employer shall
be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from
the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding
$5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of
Attachment for damages arising out of a residential lease against the same employee, then the wage
attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage
attachment shall be satisfied before any effect is given to a subsequent attachment.
You shall not take any adverse action against the employee solely because his wages, salaries or
commissions have been attached. Violations may result in (i) you being adjudged in contempt and
committed to jail or fined by the court and (ii) an action against you by the employee for damages.
Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in
contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not
withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or
property.
This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House
Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by
U.S. Mail, postage prepaid, to the employee's last known address at: P.O. BOX 998002, Cleveland, OH
44199-8002.
Any questions should be directed to the Plaintiff -Creditor:
Jennifer B. Hipp, Esq. 717-737-8761
Date: ..sr ? J;1L(
Costs: $ 96.75 pd atty By Depu
David D. Buell, Prothonotary
You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an
employee on company letterhead:
Date:
I have received a Writ of Attachment in the following case:
Plaintiff
No
v. Defendant
of Year
The following person, has never been (
Or is no longer and employee
******************************
For Prothonotary use only
Date:
(Seal of the Court)
*
Signature of Employer
Print name of Employer
Address
Address
Telephone #
*************************************
David D. Buell, Prothonotary
Deputy