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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