ZONA SAGE (SB# 55014)
663 Jean St.
Oakland, CA 94610
Attorneys for NANCY WOLOK & JUNE TEETOR
Plaintiffs & Judgment Creditors
MUNICIPAL COURT OF THE STATE OF CALIFORNIA
BERKELEY-ALBANY JUDICIAL DISTRICT
NANCY B. WOLOK and JUNE TEETOR , Plaintiffs, No. 62077
ORDER GRANTING REQUEST
FOR AN ASSIGNMENT
v. ORDER AND AN ORDER IN AID
OF SALE OF ASSETS
HARTLAND SNYDER and CAROL WARREN, Defendants -------------------------------------------------
Date: July 10, 1996
Time: 10:00 a.m.
THIS MATTER came on regularly for a hearing on July 5, 1996. The plaintiffs were represented through their counsel David Shagam. The defendant CAROL WARREN was not present. The defendant HARTLAND SNYDER was not present. The court having been fully informed in the premises:
THE COURT FINDS AS FOLLOWS:
1. The defendant Hartland Snyder is the owner of stock in Ishi Press International, Inc., including the shares held in the name of his brother, Arthur Snyder a.k.a. Art Snyder, defendant also owns an obligation of Richard Bozulich which is secured by Richard Bozulich's stock in Ishi Press International, and defendant owns an obligation of JAM Technologies which is secured by stock in that Corporation.
2. Defendant HARTLAND SNYDER, is the president of, and has a dominating interest in, Ishi Press International and has used that position to dilute the stock of other stockholders by the issuance of stock.
3. The defendant HARTLAND SNYDER earns commissions as a stockbroker of Roberts and Ryan Investments, Inc.
4. There is a judgment against defendant HARTLAND SNYDER and in favor of plaintiffs JUNE TEETOR and NANCY WOLOK in the above entitled action that is unsatisfied in the amount of $32,494.56. Defendant Hartland Snyder has avoided payment of that judgment by evading service, hiding assets, and refusing to comply with court orders, and filing a meritless bankruptcy proceeding; and in addition he has attempted to help avoid a judgment against Ishi Press International, Inc. by diluting its assets, hiding assets and by co-operating in the filing of a collusive, false third party claim.
5. The defendant HARTLAND SNYDER is appearing in pro per and his residence is unknown to the court and to counsel, and that the plaintiffs delivery on the clerk of the court of the papers for the motion that came on for hearing today was a valid and timely service of the motion pursuant to Code of Civil Procedure section 1011 subdivision 2.
NOW THEREFORE FOR GOOD CAUSE SHOWN THE COURT ORDERS AND DECREES THAT the plaintiffs NANCY WOLOK and JUNE TEETOR are hereby assigned the rights of defendant judgment-debtor HARTLAND SNYDER's to:
a) Commissions due, or to become due, from Roberts and Ryan Investments, Inc.;
b) Payments, due or to become due, to HARTLAND SNYDER from Ishi Press International, or from any transfer of shares of stock or obligation owned by defendant HARTLAND SNYDER in that corporation, including all shares in the name of Art Snyder.
c) Payments, due or to become due, to HARTLAND SNYDER from JAM TECHNOLOGIES and from its successors and its successors and assignees, or from any transfer of shares of stock or note or obligation of that corporation owned by defendant HARTLAND SNYDER, and from any sale or transfer of any of HARTLAND SNYDER's interests therein; and
d) Payments, due or to become due, under the note or obligation of Richard Bozulich which is secured by Richard Bozulich's stock in Ishi Press International, and from any sale or transfer of any of HARTLAND SNYDER's interest therein including any stock which secures that obligation.
Said assignment shall be dissolved upon the judgment of the plaintiffs being satisfied.
IT IS FURTHER ORDERED THAT defendant HARTLAND SNYDER shall forthwith deliver his securities in Ishi Press International, including those held in the name of Art Snyder, the obligations and securities that he owns in JAM Technologies and its successors and assigns, and the note of Richard Bozulich to the Sheriff of Alameda County for the purpose of the Sheriff selling them at public auction. In the event that defendant HARTLAND SNYDER is unable to so deliver the note or any of the securities or obligations, he is to deliver to the sheriff in its stead his documentary evidence to the title of that undelivered asset.
IT IS ALSO FURTHER ORDERED THAT until said assets are sold by the sheriff, or until the judgment against HARTLAND SNYDER is satisfied, except for the purpose of facilitating the sale, defendant HARTLAND SNYDER, his servants agents, employees, and attorneys are enjoined from alienating those assets or diluting their value.
IT IS ALSO FURTHER ORDERED THAT until the judgment against HARTLAND SNYDER is satisfied in full, he shall file on the twentieth day of each month a report with the court signed under penalty of perjury, with copies served upon plaintiffs' attorneys. The report shall state each asset that he owns or posses which is worth more than $50.00 or is a security, the nature of the asset, its location, and its value, and shall also state all income received in the thirty days prior to the fifteenth day of the month and shall include the name and address of the entity from which the income is derived.
Failure of the defendant HARTLAND SNYDER to obey the above orders of this court may subject defendant HARTLAND SNYDER to arrest and punishment for contempt of court.
Dated: July 10, 1996
/s/ JENNIE RHINE
JUDGE OF THE MUNICIPAL COURT
[Seal of the Court]