PHILADELPHIA – A Connecticut automobile distribution business has initiated legal action this week against a Philadelphia-based towing company and its owner, leading to a rule hearing on a preliminary injunction last Friday.
On Monday, 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.
On Thursday, 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.
McInerney also set a rule for injunction hearing for Friday in Court chambers at Philadelphia City Hall, 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.
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.
The defendants have not secured legal representation yet, per court records.
Philadelphia County Court of Common Pleas case 160201249
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com