People's United Equipment Finance Corporation v. NAPCON, Inc. et al

Filing 4

TEMPORARY RESTRAINING ORDER/ORDER TO SHOW CAUSE re: complaint - It is hereby ORDERED that: 1. Hearing on request for prelim inj set for 5/3/2011 @ 10:00 AM in Harrisburg - Courtroom 2 w/ defts ordered to appear before ct @ said time & place & show cause why order should not be entered forthwith in favor of People's directing USM to seize... (see doc for specific equip items).; 2. Defts & agents, etc.,... shall not remove any of equip from present location or use, operate, etc., eq uip until hearing & determination of this motion.; 3. A copy of this ex parte TRO & Order to Show Cause & verified complaint to be served upon all defts... by 4/27/11... (see order for svc & proof of svc instructions).; 4. Defts shall file answering papers by noon on 5/2/11 w/ failure to timely file same in timely fashion to be construed as concurrence in requested relief.; 5. By Tues 4/26 People's shall post security in amt of $10,000 to be filed w/ the ct for payment of any costs or damages as may be incurred or suffered by any party found to have been wrongfully enjoined or restrained.; 6. This TRO shall take effect upon the posting of said bond & shall expire on conclusion of hearing unless extended. (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/22/11. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

PEOPLE’S UNITED EQUIPMENT
FINANCE CORP.,
Plaintiff
v.
NAPCON, INC.,
NAPCON ENTERPRISES, INC.
A.R. POPPLE, INC.,
ANTHONY R. POPPLE,
NANCY A. POPPLE, and
THE POPPLE PARTNERSHIP,
Defendants

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CIVIL ACTION NO. 1:11-CV-771
(Judge Conner)
DATE: April 22, 2011
TIME: 11:45 a.m.

EX PARTE TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION
AND NOW, this 22nd day of April, 2011, upon consideration of the verified
complaint filed by People’s United Equipment Finance Corp. (“People’s”), wherein
People’s seeks, inter alia, a temporary restraining order (“TRO”) and a preliminary
injunction, and the court concluding that the moving papers establish irreparable
injury in the absence of a TRO because of the concealment of assets, the potential
for conversion of assets, the dissipation of assets/value, and termination of
insurance thereon, see FED . R. CIV . P. 65, it is hereby ORDERED that:
1.

A hearing on the request for a preliminary injunction will commence
at 10:00 a.m. on Tuesday, May 3, 2011, in Courtroom No. 2, Ninth
Floor, Federal Building, 228 Walnut Street, Harrisburg, Pennsylvania.
Defendants are ordered to appear before this court at said time and
place, and to show cause why an order should not be entered forthwith
in favor of People’s, directing the U.S. Marshal forthwith to seize the
following:

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one D9H Caterpillar Crawler Dozer, s/n 4751
one D9H Caterpillar Crawler Dozer, s/n 4907
one 3309 Terex Rear Dump, s/n T51039
one 3309 Terex Rear Dump, s/n T51040
one D9H Caterpillar Dozer, s/n 90V5165
one 9020B Case Excavator, s/n DAC0202827
one 52500 HD Indeco Hammer, s/n 3399
one 9060B Case Excavator, s/n EAC0601056
one TA40 Terex Articulated Dump, s/n A7771125
one 330 Hitachi Excavator s/n 1H1P022157
one 450LC Hitachi Excavator, s/n 16CP008390
one D9H Caterpillar Dozer, s/n 90V6861
one H55 Demag Excavator s/n 11136
one R50 Euclid Dump, s/n 201LD 270
one D9L Caterpillar Dozer, s/n 14Y1280
one 773 Caterpillar Dump, s/n 63G2225
one 773 Caterpillar Dump, s/n 63G2239
one 550 Hitachi Excavator, s/n 17HP007114
one 140G Caterpillar Grader, s/n 72V08741
one 9060B Case Excavator, s/n EAC0601084
one D65PX-15 Komatsu Dozer, s/n 67253
one D61PX-15 Komatsu Crawler Dozer, s/n B41155
one 730 Caterpillar Articulated Off Highway Dump Truck,
s/n AGF00383
one 730 Caterpillar Articulated Off Highway Dump Truck,
s/n AGF00344
one D400D Caterpillar Articulated Off Highway Dump Truck,
s/n 8TF00994

including all attachments and accessories to all of the foregoing
(collectively, the “equipment”), and directing that if the equipment is
not delivered to the U.S. Marshal, to break open, enter, search for, and
seize the equipment in the place(s) where the equipment may be, and
then to hold the equipment pursuant to the provisions of Rule 64 of the
Federal Rules of Civil Procedure, and directing defendants and their
officers, agents, and employees, as applicable, to divulge the location of
the equipment.
2.

Defendants and their agents, servants, employees, and all persons
acting in concert with defendants shall not remove any of the
equipment from the equipment’s present location, nor use, operate,
transfer, sell, pledge, hypothecate, or otherwise dispose of the
equipment until the hearing and determination of this motion.

3.

A copy of this ex parte TRO and Order to Show Cause, and the verified
complaint, shall be served upon all defendants, at their last known
business and personal addresses, on or before Wednesday, April 27,
2011. Said service shall be made by personal service, by a nationallyrecognized overnight delivery service, and by facsimile. People’s shall
provide the court with proof of service at the time of the hearing and
shall docket the same in the court’s electronic filing system.

4.

Defendants shall file answering papers no later than 12:00 p.m. on
Monday, May 2, 2011. Failure to file answering papers in a timely
fashion shall be construed as concurrence in the requested relief.

5.

On or before Tuesday, April 26, 2011, People’s shall post security in the
amount of $10,000, to be filed with the court, for the payment of any
costs or damages as may be incurred or suffered by any party who is
found to have been wrongfully enjoined or restrained.

6.

This TRO shall take effect upon the posting of said bond, and shall
expire on the conclusion of the hearing, unless extended.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge