Nicholas Malfitano Feb. 17, 2016, 1:28pm


PHILADELPHIA – A rule hearing on a preliminary injunction has been continued until this Friday, in order to give a Philadelphia-area towing company and its owner time to secure new counsel.

On Feb. 8, plaintiff Copart of Connecticut, Inc. filed a writ of summons against Extreme Towing and John Breese, in a prospective fraud case. The following day, Copart filed an ex parte emergency motion for preliminary injunction against Extreme Towing and Breese – in order to prevent the withdrawal or transfer of any funds obtained from the plaintiff and first deposited at Citizens Bank, by the defendants.

Last Thursday, Feb. 11, Judge Patricia A. McInerney granted the plaintiff’s emergency motion for a preliminary injunction, and ruled the plaintiff will serve the defendant with the Writ of Summons and a copy of this order. Court records show such service was effectuated last Friday, Feb. 12.

McInerney previously slated a rule for injunction hearing on Feb. 12, for the plaintiff to “show cause why the order preventing defendants from withdrawing these funds should be continued, modified or dissolved.” McInerney further stipulated the order would be effective immediately upon presentation to the Court of a bond in the amount of $80,000.

On that same day, McInerney issued a continuance in the case, in order for the defendants to obtain new counsel prior to the hearing. The hearing has now been rescheduled for this Friday, Feb. 19., in Court chambers at Philadelphia City Hall.

The plaintiff seeks in excess of $50,000 in judgment in this case.

The plaintiff is represented by David A. Shafie of Mintzer Sarowitz Zeris Ledva & Meyers in Philadelphia.

Philadelphia County Court of Common Pleas case 160201249

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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