HomeMy WebLinkAbout01-3496 /~WEALTH OF PENNSYLVANIA
-'" ,~' OF: CUM~KLAND
. . 09-2~01
,J Name: Hen
PA~ P.
~ISLE, PA
~¢~..: (717) 240-6564 17013
ROCKY SHOES & BOOTS, INC
P.o. BOX 11848
p/O KNUPP, KOnAK &ZND .Ut4
HARRISBURG, PA 17108
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF; NAME and ADDRESS
FI~OCKY SHOES & BOOTS, INC
P.O. BOX 11848
C/O KNUPP, KODAK &IMBLUM
~A~RISBURG, PA 17108
VS.
DEFENDANT: NAME and ADDRESS
FOSBORN, JOHN A. INDIVIDUALLY, ET A~
6 NELSON DR
CARLISLE, PA 17013
Docket No.: CV- 0000103 - O1
Date F ed: 3/27/01
THIS IS TO NOTIFY YOU THAT:
Juagmen[:
~'~ Judgment was entered for: (Name)
E~ Judgment was entered against: (Name)
FOR PT.ATI~fIFF
O,~BORN, JOHN
in the amount of $
R, t14.R~, on:
[~ Defendants are jointly and severally liable.
] Damages will be assessed on:
~-~ This case dismissed without prejudice.
E~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
[] Levy is stayed for days or [] generally stayed.
~] Objection to levy has been filed and hearing will be held:
r
Date: Place:
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 6,207.32
Judgment Costs $ 107.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 6,314.82
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$
$
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT SY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF TRIS/~O~'~ICE OF JU~/~/? SORIPT FORM WITH~ NOTIOE OP APPEAL
~/'*~C//~O' Date ~ _~---~~ / / ,DistrictOustice
I certify that this isa true ~nd coUrts'copy of th r~ecJof Je~o~ings Ctai '~g the judgment.
My commission expires first Monday of January, 2006 SEAL
AOPC 315-99
,~OMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Dist No:
09-2-01
DJ Name: Hon
Add .....1 COURTHOUSE SQUARE
CARLISLE, PA
(717) 240-6564
ROCKY SHOES & BOOTS, INC
P.O. BOX 11848
C/O KNUPP, KODAK &IMBLUM
HARRISBURG, PA 17108
17013-0000
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rROCKY SHOES & BOOTS, INC ~
P.O. BOX 11848
C/O KNUPP, KODAK &IMBLUM
~A~RRISBURG, PA 17108 ~
VS.
DEFENDANT: NAME and ADDRESS
~SBORN, JOHN A. INDIVIDUALLY, ET A~
6 NELSON DR
CARLISLE, PA 17013
L ~
Docket No.: CV- 0000103- 01 L
Date F ed: 3/27/01
THIS IS TO NOTIFY YOU THAT:
-Judgment: FOR PT.ATNTIFF t
1~ Judgment was entered for: (Name) R~C'.'I~"~ SR'CJ~..q ,~. Rf~'TP.q, TNT'
~'] Judgment was entered against: ([~r~e),r"~FO'P.~RT,Y~...~T~.AnT'I~'G AR O-~BORN FOOTWRAR
in the amount of $ 6, ~. R~ on:~---~ _z(Date of Judgment) 4/3. t/01
~] Defendants are jointly and several~liable2_>, m
[] Damages will be assessed on: .,.~ .¢: ~ ~.
~--~ Th~s case dismissed without prejudice. ,~'~
Amount of Judgment Subject to _~' ~
~ AttachmentJAct 5 of 1996 $ ~
(Date & Time)
Amount of Judgment $ 6,207.32
Judgment Costs $ 107.50
interest on Judgment $ .00
Attorney Fees.. , '" $ .00
TOtal ' r'::~ $ 6,314.82
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
days or [] generally stayed.
] Levy is stayed for
[] Objection to levy has been filed and hearing will be held:
Date; Place:
Time:
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
~-.l,'-d i Date ~~ _~~'~ ///~, District Justice
I certify that this is a tru~a~,e~;t cop~Y/~or)d~,/e~edings ~n/~ning the judg me nt.
~-.A~-~l Date ~,._~4., ,~~~l,t~. ~' , District Justice
My commission expires first Monday of January, 2006 SEAL
AOPC 315-99
I(NUPP, KODAK
407 NORTH F'RONT
HARRISBURG, PA
ROCKY SHOES & BOOTS, INC.
Plaintiff
JOHN A. OSBORN I/A/F/T/A
OSBORN FOOTWEAR
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.. No.. 4q&
: CIVIL DIVISION - LAW
To JOHN A. OSBORN. I/A/F/T/A OSBORN FOOTWEAR. Defendant(s)
You are hereby notified that on x.)/a_~,C ~.
(Judgment) has been entered against you in the above-captioned case.
,2_.~1, the following
Judgment entered in the amount of $6,314.82.
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
JOHN A. OSBORN I/A/F/T/A
OSBORN FOOTWEAR
6 NELSON DRIVE
CARLISLE PA 17013
A/JOHN A. OSBORN. I/A/F/T/A OSBORN FOOTWEAR · Defendido/a Defendidos/as
Por este medio se le esta notificando que el de del
20_, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado
de residencia:
JOHN A. OSBORN I/A/F/T/A
OSBORN FOOTWEAR
6 NELSON DRIVE
CARLISLE PA 17013
Abogado del Demandante
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. JlO1 to J149
ROCKY SHOES & BOOTS, INC.
IN THE COURT OF COPIMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Wri t No.
Plaintiff No. 2001-3496 CIVIL TERM
V$ Amount due
JOHN A. OSBORN INDIVIDUALLY
AND F/T/A OSBORN FOOTWEAR
6 NELSON DRIVE
CARLISLE PA 17013
InterestFROM DATE OF JUDG.
Atty's Comm. $
and CostsTO BE DETERMINED$
Defendant (s)
Term 20
Term 200i
$ 6,314.82
(06/06/Q1)
21.50
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of
County, Pennsylvania;
(2) against JOHN A. OSBORN INDIVIDUALLY AND F/T/A OSBORN FOOTWEAR
(3) and against
Defendant
Garnishee
(4) and index this writ
(a) against JOHN A. OSBORN INDIVIDUALLY AND F/T/A
and
(b) against
OSBORN FOOTWRAR
Defendant(s)
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for
real estate levy)
LE%"fUPONALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT
(5) Exemption has
Dated 09/05/01
(not) been waived.
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
ROCKY SHOES & BOOTS, 1NC.,
Plaintiff,
V.
JOHN A. OSBORN, Individually and
F/T/A OSBORN FOOTWEAR,
Defendant.
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-3496 CIVIL TERM
: CIV1L ACTION - LAW
ORDER
ANDNOW, this ~oC'~dayof ~c4~¥'-~~-~ ,2001, pursuant to Pa. Ruleof
Civil Procedure 3123.1(b), a hearing is set for the ~t dayof ~ ,200t ,at
~ ;Oo o'clock ~9 .m in Courtroom No. ~- of the Cumberland County Courthouse,
Carlisle, Pennsylvania· The Sheriffof Cumberland County shall notify the parties of the time and
place for the hearing.
ROCKY SHOES & BOOTS, INC.,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-3496 CIVIL TERM
: CIVIL ACTION - LAW
JOHN A. OSBORN, Individually and
F/T/A OSBORN FOOTWEAR,
Defendant.
CLAIM FOR EXEMPTION
ON BEHALF OF TRACIE OSBORN
TO THE SHERIFF:
1. The property listed below and levied upon in this case is not the property of the
Defendant, but is the property of the undersigned. The list of the claimed property is as
follows:
All personal property at 6 Nelson Drive, Carlisle, Cumberland County,
Pennsylvania, is the property of the undersigned.
2. The undersigned claimant obtained title to the property as follows:
The personal property levied upon by the Sheriffin the above-captioned case is a
property that is exclusively owned by and in the possession of the undersigned,
having obtained title to and possession of as a result of a Property Settlement
Agreement entered into by and between the Defendant and the undersigned, dated
the 14th day of September, 2001, pursuant to the pending divorce action in the
Court of Common Pleas of Cumberland County at No. 00-4330, Civil Term - In
Divorce.
3. The undersigned, wife of the Defendant, John a. Osborn, further claims
exemption of all the personal property that is contained in the home at 6 Nelson Drive,
Carlisle, Cumberland County, Pennsylvania, on the basis that to the extent any property is
not considered the sole property of the undersigned, the property would have to be marital
property and held as tenants by the entireties (although claimant does not believe any such
property exists at 6 Nelson Drive, Carlisle, Cumberland County, Pennsylvania).
4. Claimant also claims exemption to the extent that any levy is against 6 Nelson
Drive, Carlisle, Cumberland County, Pennsylvania, as it is entireties property, and is
further subject to an Agreement dated the 14th day of September, 2001, in the
aforementioned divorce action as property belonging solely to the claimant herein.
5. Claimant further claims an exemption of all personal property at 6 Nelson Drive,
Carlisle, Cumberland County, Pennsylvania, as property of the undersigned. The
undersigned is not a party to the action at No. 01-3496, Civil Term, Civil Law, in the
above-captioned case.
I REOUEST A PROMPT COURT HEARING TO DETERMINE THE
EXEMPTION OF ALL PERSONAL PROPERTY AT 6 NELSON DRIVE, CARLISLE,
CUMBERLAND COUNTY, PENNSYLVANIA. NOTICE OF THE HEARING SHOULD
BE GIVEN TO ME AT THE OFFICE OF MY ATTORNEY, P. RICHARD WAGNER,
ESOUH~E~ AT 2233 NORTH FRONT STREET, HARRISBURG, PA. 17110, (717) 234-
7051.
Respectfully submitted,
Mancke, Wagner, Hersh~e~ Tully
By ~.p~a~..~,itg_g2.3..t.~ Esquire
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Tracie Osbom
Date:
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
RobeH L. Knupp
Robed D, Kodak
GaW J. Imbium
~-~. ~, ~, r.,~,u~ ~ ~,,,,~,~, ~'~LAW OFFICE~; OF
KNurl, KODAK &
C~ERON ~NSION
407 NO~TH F~ONT STEEET
POST OFRCE BOX 11848
HARrISBUrG, PA 1710~-184~
Telephone: 717/238-7159
Facslm;le: 7~ 7/23g-71
emaH: kk[.~aw~verizon,net
November 30, 200]
VIA_FACSIMILE ONLY C~ 240-6397
ATTENTION CLAUDIA
OFFICE OF THE SHERIFF
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
RobeH Ewing Knupp
(1909-1976}
Robed H, M~umr
(1923-1998)
RE:
VS:
Rocky Shoes & Boots, Inc.
John A. Osborn, 11, i/a/t/a Osborn Footwear
Our File No. 26560
No. 01-3496 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Claudia:
Please be advised that after talking with Attorney Richard Wagner, we hereby withdraw our
Writ of Execution as to the levy made on the assets owned by Mrs. Osborn located at 6 Nelson
Drive, Carlisle, Pennsyvlania. We are not asking to Stay the Writ at this time as I will be providing
you with additional information on Mr. Osbom's new personal and business addresses, as well as
other pertinent information. I will get that information to you next week so you can make another
levy.
Please do notify the Court Administrator that the Hearing set for Monday, December 3, 2001,
at 3:00 p.m. may be cancelled as the Plaintiff has withdrawn the claim asserted against the assets
aforesaid.
If you have any questions, please feel free to call. Thank you for your attention to this
matter.
RDK/bjh
Very truly yours,
KNUPP, KODAK & IMB~ P.C.
Robert D. Kodak
[roberf. kodak@verlz on. nef)
See CC~-/st/ng Me,~ P~e
PRGE.81
CC
P RICHARD WAGNER ESQUIRE
MANCKE WAGNER HERSHD( & TULLY
2233 NORTH FRONT STREET
HARRISBURG PA 17110
(via facsimile only @ 234-7080)
TIZIANA INDOVINA PAR~LEGAL
ALLEN MAXWELL SILVER INC
190 SYLVAN AVENUE
ENC~LEWOOD CLIFFS NJ 07632
(via U,S. mall only)
CC
P RICHARD WAGNER ESQUIRE
MANCKE WAGNER HERSHEY & TULLY
2233 NORTH FRONT STREET
HARRISBURG PA 17110
(via facsimile only (~ 234-7080)
TIZIANA INDOVINA PARALEGAL
ALLEN MAXWELL SILVER INC
190 SYLVAN AVENUE
ENGLEWOOD CLIFFS NJ 07632
(via U,S. mail only)
WRIT OF EXECUTION and/or ATrACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO.
COUNTY OF CUMBERLAND)
TO THE SHEP,~FF ~: ,,.
01-3496 CIVIL
CIVIL ACTION- LAW
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.
TO THE SHERIFF OF _~.__...~,~
01-3496 CIVIL
CIVIL ACTION- LAW
R..Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing $ 18.00
Poundage 1.82
Advertising 10.00
Law Library .50
Prothonotary 1.00
Mileage 6.70
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale 15.00
Garnishee
93.02
Advance Costs: 1~0.00
Sheriffs Costs: 93.02
56.98
Refunded to Arty on 6 / 7 / 02
Sworn and Subscribed to before me
This. / / ~day of ~
2002 A.D. (~(Q. ')~t~. ~
l~r6thonotary
R. Thomas Kline, Sheriff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF Cumberland
To satisfy the debt, interest and costs due
COUNTY:
Rocky Shoe% & Boots,
NO.
from
01-3496 CIVIL ~ TEEM
CIVIL ACTION - LAW
PLAINTIFF(S)
John A. Osborn Individually and F/T/A Osborn Footwear, 6 Nelson Drive, Carlisle,
PA 17013
DEFENDANI(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Levy upon all personal
propertv of above-listed Defendant(s) at above-listed address.
(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/are enjoined from paying any
debt lo or for the account of the defendant(s) and from delivering any property of the defendant(s) or othen~vise 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 holily him/her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due_ $6. 314.82
Interest frc~n 6/6/01
Atty's Corem $21.50 %
Arty Paid $31.75
Plaintiff Paid
EL $.50
Due Prothy $1.00
Other Costs
Date: September 7, 2001
REQUESTING PARTY:
Name Robert D. Kodak, Esq.
Address: PO Box 11848
Harrisburg, PA 17108
Attorney for: _Plaintiff
Telephone: 717-238-7159
Supreme Cou~ ID No. 11848
Curtis R. Long
Prothonotary, Civil Division