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HomeMy WebLinkAbout01-1488 PARI'IES Debtor name (last name first if individual( and mailing address: KmarL of Pennsylvania LP 3100 West Big Beaver Road Troy MI 48084 I Debtor name (last name first if individual) and mailing address: Debtor name (last name first if individuaL) and mailing address: lb Secured Pafly(ies) name(s( (last name first if individual( and Model Imperial, Inc. Deerfield Beach FL 33442 Assignee(s) of Secured Pady nome(s( (last name first if individual) and address for security interest information: Mellon Bank, N.A. 1735 Market Street Philadelphia PA 19103 20 Special Types of Padles (Check if applicable(: J'-JThe terms "Debtor'" and "Secured Parly'" mean "Lessee" and "Lessor", respectively. J~The terms '"Debtcr" and "'Secured Parly"' mean "Consignee'" and '"Consignor", respectively. [] Debtor Js a Transmitting Utility. 3 SECURED PARTY SIGNATURE(S) This statement is Bled with only the Secured Pa~/'s signature to perfect a security interest in collateral (check applicable box(es))- a. r'lacquUed after a change of nQme, Identity ar corporate structure of the Debtor. b. []as fo which the filing has lapsed. c. already subject fo a security Tnterest in Qnather cogn~, in Pennsylvania - []when the callof~rof wa~ moved fo this couqb. []when the Debtor's residence or place of business was moved to this county. d. already subject to a secur'ty interest in anbther Jurisdiction - []when the collateral was moved to Pennsylvania. []when the Debtor"s Ioc~Bon was moved to Pennsylvania. e. []which is proceeds of the collateral described in block 9, in which a secudty interest was previously perfected describe proceeds in block 9, if purchased with cash proceeds and not adequately described on the adequately described on the original financing statement. FINANCING STATEMENT Uniform Commercial Code Form UCC-1 IMPORTANT - Please read instructions before complefir~q Filing No. (stamped by filing officer): Date, lime, Filing Office (stamped by filing officer) ¢o/- iq/F The Financing Statement is presented for filing pursuant to the Uniform Commercial Code and is to be flied with the (check applicable box). J--Jsecretaw of the Cammonweatth. [] Prothonotaw of Cumberland County Prothonotary County. (]real estate Records of County. 6 Numb~ of Additional Sheets iff any) 2 7 OaBonal Special Iderfltflcaflon fMax. 10 characters): 8 COLLATERAL Identify collateral by item and/or type: SeeA tachedR der 22q ~ . : ,m'~..- [] (check only ff desTred( Products of the collateral are als~'¢overe~, ¢ 9 Identify related f~el ~ if applicable. The cdlatera~ is, ~clu~ (ch~ appropriate box(es( - a. ~crops growing or to be grown on - b. ~goods which are or are to become ~ure on - c. ~mlnerel~ or the like (incJuding oil and gas} as extracted on - d. ~e¢¢o~nts r~s~Jn~ ~om th~ ~etu ~ ~ln~ml~ or the like (including oil and gas) at the wellhead or minehead on - the following real estate: Stre~ Add~s: Descflbe ~ Book .of (check one) ~Deeds ~Mortgages, at Page(sL~ for County, Uniform Parcel Identifier ~ Described on Additional Sheet. Name at record ~er (required only [f no Debtor has an interest of record(: DEBTOR SIGNATURE(SI Debtor Signature(s): 1 ~.~ ~-~ ~/] ~'~ I Authorized Signatory lb CSC ID:109814 PA-Cumberland County Prothonotary RETURN RECEIPT TO: Andrew Dunstan SUITE 300 EAST, 777 SOUTH FLAGLER DRIVE Secured Parly Signature(s): (Required only if boxles) is checked above): WEST PALM BEACH, FL 33401 . Appr°ved b ¢ the Secretaw °f the C°mm°nwea[th °f Pennsylvan'a ¢ J¢~¢¢ 10 11 "J-P-. O ~r~3 12 PA-Original UCC Filing (UCC- 1) RIDER 1 Collateral: This filing is notice that the above-referenced Secured Party, as consignor, from time to time consigns to the above-referenced Debtor, as consignee, designer brand name fragrances and perfume goods and products. Such consigned goods and products will be located at one or more retail outlets maintained by such consignee, including the location referenced below or the locations listed on Exhibit A. Such consignor has assigned all of its, right, title and interest in the consignmetlt to such consignee to: Mellon Bank, N.A., as Agent, 1735 Market Street, Philadelphia, PA 1~103 Project ID: 109814 Location: EXHIBIT A to NOTICE OF CONSIGNMENT Cumberland County Consignee: Address: Kmart of Pennsylvania LP 3100 West Big Beaver Road Troy, Michigan 48084 Consignor: Address: Model Imperial, Inc. 1061 S.W. 30th Avenue Deerfield Beach, FL 33442 1 2 3 4 Locations: 5600 Carlisle Pike U.S. 11 Mechanicsburg, PA 17055 463 N. Enola Rts. 11 15 Enola, PA 17025 1180 Walnut Bottom Road Carlisle, PA 17013 40 Shippensburg Shop Cemer Shippensburg, PA 17257 JOANNE WRIGHT, PLAiNTIFF VS. WAYNE EDWARD WRIGHT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- /(~ ~( CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the heating scheduled herein. If you fail to do so, the case may proceed against you and a F1NAL Order may be entered against you granting the relief requested in the Petition. In pgrtigular, you may be evicted from your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON o'7 3 O ~2M., IN COURTROOM NO. 3 oF~THE CUMBEI~LAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or temainated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Joanne Elizabeth Wright Plaintiff Wayne Edward Wright Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ol_ qg No. CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Wayne Edward Wright Defendant's Date of Birth is: December 14, 1951 Defendant's Social Security Number is: 210-40-0153 Name(s) of All protected persons, including Plaintiff and minor children: 1. Joanne Elizabeth Wright AND NOW, on ~/4d/.z~/~/:o~/~pon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Any current or future residence that Plaintiff may establish. Plaintiff's place of employment located at Teufel Associations, 3514 Trindle Road, Camp Hill, 17011. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: This Order shah be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shah not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shah not disclose the presence of Plaintiff and/or the child/ren in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court f'mds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 5. A certified copy of this Order shall be provided to the police depmtment where Plaintiff resides and any other agency specified hereatter: Newport State Police Camp Hill Boro Police 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 14, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which CaarrSee~t~hey shall remain with the law enforcement agen.__c~y_w~ ~er made the Distribution to: MidPenn Legal Services Faxed & Mailed to PSP Joanne Elizabeth Wright Plaintiff Wayne Edward Wright Defendant PFAD Number: SQ1207805B : 1N THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiffs name is: Joanne Elizabeth Wright 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Joanne Elizabeth Wright 4. Plaintiffs Address is: CONFIDENTIAL,, 5. Defendant's Name is: Wayne Edward Wright 6. Defendant is believed to live at the following address: 26 Church Rd., Newport, PA 17074 7. Defendant's Social Security Number is: 210-40-0153 8. Defendant's Date of Birth is: December 14, 1951 9. Defendant's Place of employment is: True Temper Corp., Cameron St., Harrisburg 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The facts of the most recent incident of abuse are as follows: 13. In February of 2001, Defendant screamed at Plaintiff and turned off the car as she drove on an icy roadway causing her to have no control over the vehicle which veered from the road and came to a stop aga'mst a pile of snow. When Pla'mfiff could not start the vehicle, she called her sister who phoned the police. The police responded and advised Plaintiff to stay with relatives for the night. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about Fall of 2000, Defendant screamed at Plaintiff, threatened to shoot her, and walked upstairs where he kept his gun. Fearing for her life, Plaintiff plead with Defendant not to get the gun. In or about 1999, Defendant threatened to shoot Plaintiff. During a separate incident in or about 1999, Defendant screamed at Plaintiff, grabbed her, pushed her into the couch causing her to fall to the floor, and kicked her repeatedly. Since approximately 1972, Defendant has abused Plaintiff in ways including the following: pushed her into things, shoved her onto the floor, and punched her. One on occasion, Defendant held Plaintiff by the throat and threatened her that he could push her throat in the right spot and she would die, causing her to fear for her life. Defandant has backhanded Plaintiff across the mouth, kicked her, and forced her to watch when he would hit their children. On several occasions, Defendant has threatened to kill Plaintiff. As a result of the incidents of abuse, Plaintiff has suffered pain, a bloody mouth, and bruises. 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Newport State Police Camp Hill Boro Police 15. There is an immediate and present danger of further abuse from the Defendant. 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Order Defendant to pay the costs of this action, including filing and service fees. d. Order the following additional relief, not listed above: Order Defendant not to haras~ Plaintiff's relatives. Order Defendant not to damage or destroy any property owned by Plaintiff or jointly by the parties. Order Defendant to pay $250.00 to one of MidPenn Legal Services as reimbursement for litigation in this case. e. Grant such other relief as the court deems appropriate. Date: Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, &J~{tn Carey, Attorney for~Plaintiff MID-PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 Distribution to: MidPerm Legal Services Fax and Mail PSP VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: 03/la/01 WED 16:39 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 *** MIILTI TN REPORT *************************** TX/RX NO INCOMPLETE TX/EX TRANSACTION OK ERROR 2502 01]9p2405331 0319p2438026 04]92490779 PA STATE POLICE 717-249-0779 CURTIS R. LONG PFA ORDERS oFFICE OF THE CUMBERLAND CfX3NTY CO{3R~HCOSE ONE ~E ~LISLE, PA, I7013-3387 (717) 240-6195 F~ (717) 240-6573 VIA T~LECOPI ~R CENTRAL PROCESS LEGAL SERVICES PSP NO. OF PAGES (INCSUDING COVER SHERIFF'S RETURN - CkSE NO: 2001-01488 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WRIGHT JOANNE VS WRIGHT WAYNE EDWARD OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, WRIGHT WAYNE EDWARD but was unable to locate Him deputized the sheriff of PERRY serve the within PROTECTION FROM ABUSE He therefore Pennsylvania, to On March 22nd , 2001 attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. PERRY CO 47.50 .00 84.50 03/22/2001 this office was in receipt of the R. /Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of~t~' A.D. Prothonota~~ ~n The Court of Common P[eas of Cumberland County, Pennsylvania Jeanne Wright VS. Wayne Wright ~0. 01-]488 Civil Now, 3 / ] 5 / 01 ,20 O (9, t, SHERIFF OF CUMBERLAND COI/2WT'Y', PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Connlgq PA Affidavit of se~w~ee wi~Ai~ March 17 ,20 01 ,at 8:20 o'clock A ~Vl. served Notice of Hearing & Order, Protection from Abuse, Temporary Protection from Abuse Order,Petition upon Wayne Wright 26 Church Rd. Newport,(Howe Township) Perry County PA. l:y handing to a True & Attested and made lmown to Him Wayne Wright Notice of Hearing & Order, of~eo~BalProtection from Abuse, COpy Temporary Protection from Abuse,Petition ~e cements thereo! ~0 aI1s~vx;er S ~ Sworn and subscr/bed before rneth/s /?,hdayof /)2,t~ ~20o/ NI~T^RtAL SEAL ~1 COMMISSION EXPIRES_FEB. 16. zuuq I COSTS SERVICE JvR-LEA GE .AFFIDAVIT Coun:ry, PA Joarme Elizabeth Wright Plaintiff Wayne Edward Wright Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA _. : : No. 01-1488 : : CIVIL ACTION - LAW : PROTECTION FROM ABUSE _. CONTINUED TEMPORARY ORDER AND NOW, this 22nd Day of March, 2001, pursuant to 23 Pa.C.S. §6107(c), the terms and conditions of the Temporary Order issued on 14th Day of March, 2001, in the above-captioned case are hereby continued in full force and effect until further order of the court. Distribution To: Mifi' Legal Faxed & Mailed to PSP Michael Rentschler, Attorney for Defendant WHEREFORE, the Plaintiff requests that the Court grant this Motion and continue generally this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, / 8 Irvine Row Carlisle, PA 17013 Joanne Elizabeth Wright Plaintiff Wayne Edward Wright Defendant : iN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA ; _. : : No. 01-1488 : : CIVIL ACTION - LAW : PROTECTION FROM ABUSE ORDER TO VACATE 1. This matter is dismissed without prejudice. 2. Costs o£this proceeding are waived. 3. The Temporary Order (Filed on Mar 14, 2001) is hereby vacated. Distribution to: MidPenn Legal Services Faxed & Mailed to PSP - Michael Rentschler Attorney for Defendant BY_TH_E COl J_RT[ Judge VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ~/- ~- O/ e Wright, Plaintiff 04/11/01 WED 09:16 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR *** ~IULTI TN REPORT 2558 0119p2405331 0319p2438026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP OF~CE OF ~ pRfY~HONOTARY CII~ERLAND COUNTY COO~I~OUSE ONE C0Um~E SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240~6573 VIA TE LECOP I ~ R TOt PA STATE POLICE FAX#: 717-249-0779 F~(~4: CURTIS R. LONG RE: PFA ORDERS