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To: scion who wrote (11163)9/7/2007 2:21:24 PM
From: scion  Respond to of 12518
 
"Exhibit B"# 4 Proposed Order) (Dean, Leslie) (Entered: 09/07/2007)

09/07/2007 193 Motion for Relief from Stay, filed by Eagle View One, LLC Fee Amount 150. Last day to file objections: 9/24/2007. (Attachments: # 1 Continuation of Main Document "Exhibit A" PART 1 OF 2# 2 Continuation of Main Document "Exhibit A" PART 2 OF 2# 3 Continuation of Main Document "Exhibit B"# 4 Proposed Order) (Dean, Leslie) (Entered: 09/07/2007)
-----------------

Doc 193-4

IN RE:

PLASTICON INTERNATIONAL, INC.
Case No. 07-50934
Debtor Chapter 11

ORDER

The Motion for Relief from Stay filed by Creditor Eagle View One, LLC is GRANTED. The Court finds that Creditor Eagle View One, LLC filed a motion in which it requested relief pursuant to 11 U.S.C. Section 362 so that the Creditor may pursue its contractual and state law remedies.

The undersigned certifies that a party in interest has not filed a timely written objection to the taking of the proposed action.

Therefore, pursuant to 11 U.S.C. Section 362, it is ORDERED that the stay which issued herein be and is terminated so as to allow Eagle View One, LLC to take eviction (forcible detainer) action and pursue state law remedies for breach of contract.

By: /s/ Leslie Dean________________
Leslie Dean
Leslie Dean, Atty. at Law, PSC
3288 Eagle View Lane, Suite 300
Lexington, KY 40509
Telephone: (859) 296-4575
Facsimile: (859) 296-4577
Email: ldean@LeslieDean.com
Attorney for Eagle View One, LLC

Pursuant to Local Rule 9011-1(c), Leslie Dean shall cause a copy of this order to be served on each of the parties designed to receive this order pursuant to Local Rule 9011- 1(a) and shall file with the court a certificate of service of the order upon such parties within ten (10) days hereof.

Distribution List:

Hon. Ellen Arvin Kennedy, Plasticon International, Inc.
Fowler, Measle & Bell, DEBTOR
300 W. Vine Street,
Suite 600, Lexington, Kentucky 40507
ATTORNEY FOR DEBTOR

Hon. John P. Brice,
Wyatt, Tarrant & Combs, LLP
250 W. Main Street, Suite 1600
Lexington, Kentucky 40507

U.S. Trustee, 100 E. Vine Street, Suite 500
Lexington, Kentucky 40507
TRUSTEE

MAILING MATRIX LISTED PERSONS/ENTITIES



To: scion who wrote (11163)9/7/2007 2:31:21 PM
From: scion  Respond to of 12518
 
4. EVO states in good faith that telcoBlue (entity of which occupies part of the second floor next to with Plasticon International, Inc. on said premises) may be affiliated to Plasticon International, Inc. and thus possibly intertwined with debtor's bankruptcy stay. To address that possibility, EVO states that telcoBlue has not paid its July or August, 2007 monthly rent payments further in the amount of $2,391.33 each month, and has not paid its September, 2007 payment at this time, totaling $7,64.89. See "Exhibit B" attached. It is necessary for EVO to take eviction (forcible detainer) and Page 2 of 2 other state court action against Plasticon International, Inc. and telCo Blue to recover possession of the premises and non-payment of rent/breach of contract remedies.

Doc 193

IN RE:
PLASTICON INTERNATIONAL, INC.
Case No. 07-50934
Debtor Chapter 11

MOTION FOR RELIEF FROM STAY



To: scion who wrote (11163)9/8/2007 6:34:23 PM
From: scion  Read Replies (1) | Respond to of 12518
 
2. EVO is the lessor of that certain commercial real estate lease with Plasticon International, Inc., debtor herein, said leased premises located on the second floor at 3288 Eagle View Lane, Suite 290, Lexington, Kentucky 40509. See said lease marked "Exhibit A."

3. Plasticon International, Inc. has not paid its August, 2007 rent payment of $5,662.50, and has not paid its September, 2007 rent payment of $5,662.50 at this time, total being $11,645.08. See "Exhibit B" attached.

4. EVO states in good faith that telcoBlue (entity of which occupies part of the second floor next to with Plasticon International, Inc. on said premises) may be affiliated to Plasticon International, Inc. and thus possibly intertwined with debtor's bankruptcy stay. To address that possibility, EVO states that telcoBlue has not paid its July or August, 2007 monthly rent payments further in the amount of $2,391.33 each month, and has not paid its September, 2007 payment at this time, totaling $7,64.89. See "Exhibit B" attached. It is necessary for EVO to take eviction (forcible detainer) and Page 2 of 2 other state court action against Plasticon International, Inc. and telCo Blue to recover possession of the premises and non-payment of rent/breach of contract remedies.

5. Wherefore, EVO respectfully requests this honorable Court for an order lifting the automatic stay so that EVO can take eviction/forcible detainer (to recover the premises) and other state court action (to recover remedies for breach of lease) against Plasticon International, Inc.

6. Movant further requests that any order granting this motion removes the provision for the ten (10) day stay permitted by Rule 4001(a)(3).

From Doc 193

IN RE:
PLASTICON INTERNATIONAL, INC.
Case No. 07-50934
Debtor Chapter 11

MOTION FOR RELIEF FROM STAY
..................

Extracted from Doc 193-3
“EXHIBIT B”

EAGLE VIEW ONE, LLC
ONE EAGLE VIEW PLAZA
3288 EAGLE VIEW LANE, SUITE 300
LEXINGTON, KENTUCKY 40509-1851

August 15, 2007

James Turek, President
Plasticon International Inc.
3288 Eagle View Lane, Suite 290
Lexington, Kentucky 40509

Re: Payment of Lease

Dear Mr Turek:

This is written notice of the delinquency of your lease payment with regard to the Office Lease dated October 1, 2005. Please remit as soon as possible.

Best regards,

Melvin K. Drury
Managing Member
--------------------

EAGLE VIEW ONE, LLC
ONE EAGLE VIEW PLAZA
3288 EAGLE VIEW LANE, SUITE 300
LEXINGTON, KENTUCKY 40509-1851

August 15, 2007

James Turek, President
telcoBlue Inc.
3288 Eagle View Lane, Suite 240
Lexington, Kentucky 40509

Re: Payment of Lease

Dear Mr Turek:

This is written notice of the delinquency of your lease payment with regard to the Office Lease dated Feburary 13, 2006. Please remit as soon as possible.

Best regards,

Melvin K. Drury
Managing Member
-----

E-Mail exchange

Melvin K. Drury
From: Melvin K. Drury [mdrury@....]
Sent: Thursday, June 14, 2007 9:32 AM
To: ‘James N Turek, Sr.’

Subject: RE: rent
Thank you for the email. I will look out for them
-------------------------------

From: James N Turek, Sr [mailto:jturek@plasticonintl.com]
Sent: Wednesday, June 13, 2007 5:10 PM
To: mdrury@...
Subject: RE: rent

Mel,
I apologize for not getting a call out to you. I should have rent Friday or Monday at the latest.

James N Turek
---------------------------------

Melvin K. Drury
From: Melvin K. Drury [mdrury@....]
Sent: Thursday, July 19, 2007 1:17 PM

To: jpaynter

Subject: telcoBlue

Judy,

I got the rent check for Plasticon but not telcoBlue..please remit.

Thanks