State of Maine v. Jackson (Me. Super. Ct 2000). · Go Syfert
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State of Maine
v.
Jackson
CUMcv-00-091.
Superior Court of Maine.
Apr 23, 2000.
Nancy Mills.
Unpublished

STATE OF MAINE-.. . SUPERIOR COURT. CUMBERLAND, SS. ~ + CIVIL ACTION . . DOCKET No. CV-00-091 BPhe. 2 Lod ri uo MM -2UM - 4/23]2000 STATE OF MAINE, } } } } -CIVIL FORFEITURE- Vv. } FINAL ORDER OF DISPOSITION } OFPROPERTY $5,510.00 U.S. CURRENCY, } DEFENDANT IN REM No. 1 } AND } SEVERAL FIREARMS } DEFENDANT IN REM NO. 2 } AND } STACY JACKSON } POTENTIAL PARTY IN INTEREST _ }

WHEREAS, the Court finds from the record that a Petition for Asset Forfeiture was filed with the Court on or about February 7, 2000 and that after being served with said Petition, Potential Party In Interest Stacy Jackson did Answer said Petition in a timely fashion; and

WHEREAS, the Court finds from the record that a Consolidated Pleadings and Settlement Agreement for Asset Forfeiture Pursuant to 15 M.R.S.A. § 5821, which was seen and agreed to by the State of Maine and by Potential Party In Interest Stacy Jackson and by her attorney Andrews-Campbell, Esq., was filed against the Defendant In Rem No. 1 and No. 2 onor about March 16, 2000; and

WHEREAS, the Court finds from the record that the City/Town of Brunswick, Maine did grant its Approval pursuant to 15 M.R.S.A. §5824(3), which set forth the Town’s "Approval" for

the transfer of the Defendant In Rem, or a portion thereof, to the City/Town of Brunswick, Maine; and WHEREAS, the Court finds from the pleadings that the contribution of the Town of Brunswick Police Department in the related criminal investigation was "substantial" within the meaning of 15 M.R.S.A. §5822;

THE COURT FINDS AND ORDERS AS FOLLOWS: 1) $2275.00 of the Defendant In Rem No. 1 and all of the firearms that are the subject of the Defendant In Rem No. 2 are hereby forfeited to the State of Maine and all rights and privileges pertaining thereto are exclusively bestowed upon the Plaintiff, State of Maine, and;

/

2) Pursuant to 15 M.R.S.A. §5822, so much of the Defendant In Rem No. 1 as equals $2275.00 is hereby ordered transferred to the Town of Brunswick on grounds that the Brunswick Police Department did make a substantial contribution to the investigation of a related criminal matter.

3) Pursuant to 15 M.R.S.A. §5822, so much of the Defendant In Rem No. 1 as exceeds $2275.00, namely $2,875.13, is hereby ordered to be returned to the Potential Party In Interest, Stacy Jackson.

4) Pursuant to 15 M.R.S.A. §5822, the Defendant In Rem No. 2 is hereby ordered transferred to the Town of Brunswick on grounds that the Brunswick Police Department did make a substantial contribution to the investigation of a related criminal matter. The firearms that constitute the Defendant In Rem No. 2 are l)a Winchester 12 gauge pump shotgun, Model No. 13, Serial No. L2546331; 2) a Ruger .357 Magnum Revolver, Serial No. 3607091; and 3) an Amadeo Rossi .22 cal. Revolver with leather holster, Model No. M511.

5) The Court furthers Orders that the portion of the Defendant In Rem No. 1 that is to be forfeited to the Town of Brunswick and the Defendant In Rem No. 2 be Forfeited to the General Fund of the State of Maine should the municipality, county or state agency named above decline to accept the forfeited proceeds or should the Attorney General not consent to the transfer of the Defendant In Rem as outlined above. fo So Ordered, this Z| ‘ day of Hee . 2000, in the County of Cumberland, State of MAINE’YSUPERIOR court JUSTICE

Maine.

Bate Filed

02-08-00 CUMBERLAND Docket No. _CV_00-091

Action

DRUG FORFEITURE

County

STATE OF MAINE

$5,150.13 U.S. CURRENCEY

ONE WINCHESTER 12 GUAGE PUMP SHOTGUN MODEL NO. NO. 12546331

ONE RUGER .357 MAGNUM REVOLVER SERIAL NO. 3607091

ONE AMEDEO ROSSI .22 CAL. REVOLVER WITH LEATHER HOLSTE:

MODEL NO. M511

STACY JACKSON, PARTY IN INTEREST vs.

Plaintiff’s Attorney

LEA ANNE JAMESON AAG 822-0380 MDEA 565 CONGRESS ST., SUITE 300 PORTLAND ME 04101-3315

Defendant’s Attorney

Andrews Campbell Esq. 18 Water Street Thomaston, ME 04861

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Date of Entry MAY 24 2000 2000 Feb. 08 Received 02-08-00: Complaint Summary Sheet filed. " " Plaintiff; State of Maine's Petition for Asset Forfeiture Pursuant to 15 M.R.S.A. §5822 filed. " " Summons filed showing officer's return of service on 01-24-00 upon Stacy Jackson filed. Feb. 14 Received 2-11-00. Defendant, Stacy Jackson's, Answer and Counterclaim filed. March 07 Received 03/03/00: "*S¢heduling Order filed. (Mills, J.) The entry shall be: " Scheduling Order filed. Discovery deadline is 11/01/00. On 03/07/00 copy mailed to Lea Anne Jameson, AAG, and Andrews Campbell, Esq. Mar. 17 Received 3-17-00. Plaintiff's consolidted pleadings and settlement agreement for asset forfeiture pursuant to 15 M.R.S.A. §5821 filed.

Mar. 28 Received 3-28-00.

Letter from Andrews B. Campbell, Esq. stating he is awaiting communication from Lee-Anne Jameson in respect to agreement on the order to be submitted to the court filed.

Mar. 30 Received 3-29-00. Letter from Andrews B. Campbell Esq. regarding modifications to plaintiff’ proposed order file.d

April 10 | Received 04/04/00:

Entry of Appearance filed.

Andrews B. Campbell, Esq. enters his appearance as counsel on behalf of party-in-interest Stacey Jeckson, personal representative of the

» SERIE

(Jackson)