NORTH CAROLINA INTHE GENERAL COURT OF JUSTICE, ‘SUPERIOR COURT DIVISION PENDER COUNTY cy. PENDER COUNTY, Ne, Plainit, SHILOH-COLUMBIA VOLUNTEER FIRE DEPARTMENT, INC., ‘and WILLIAM ROSSELL, in his official ‘capacity us Chief ofthe Shiloh-Columbia, ‘Volunteer Fire Department, Inc. and FRED SIMPSON, IIL, in his offical capacity as President ofthe Board of ‘TEMPORARY RESTRAINING ORDER Fire Department, Inc. Defendarts, This matter coming before the undersigned judge presiding over the Deke\mes_, 5. 2023 civil session of Pender County Superior Court upon Plaintiff's Motion and Application for Temporary Restraining Order and Preliminary Injunction without notice to the Defendants; Plaintiff's Suff Attorney Patrick Buffkin appearing on behalf of the Plait and it appearing to the Court ftom Plaintf’s Complaint and Mi and Application for Temporary Restraining Order, together with the afidavi(s) and exhibits) led in support thereof the Plaintiff likely will prevail onthe merits this action and tht a Temporary Restraining Onder shouldbe entered against the Defewans to prevent the Defendants, and any person asing in concert or participation with Defencants, from depleting reducing, moving, concealing, or absconding withany assets ofthe Defendant-Shilo Volunteer Fire Department, ne. Based upon the foregoing, the ‘Court makes the following FINDINGS OF FACT 1. This action was commenced by the filing of a Complaint on the 4th day of October, 2023 2 The Courthas jurisdiction over this mater and venue i proper 3. The affidevits) and ver fied complaint demonstrate that immediate and irreparable injury, loss, or damage will esult tothe Plaintif- Applicant before the Defendant ean be heard in ‘opposition, beeause the Plitif-Aplicant ha demonsirated by competent, swom statements the following: 4 that Defendant-Wiliam Rossel nd his family members havea history of tweating the propety of Dsfendan-Shilob-Colunbia Volunter Fire Department, ne. (“Defendant- Fire Department), a5 their ovm personal ass, including limiting employment within the Department to member: of thir family and taking up residence in the fire station of the Department, that affording notice ofthis proceeding othe Defendants woud provide an ‘opportunity to Defendant Rossel to deplete the assets of the Defendant- Department, conceal ‘or abscond withthe personal propery of the Defendant-Fire Departnent, or conveyor encumber the real propery of Defendant-Fire Depart that Plaintiff has statutory dy to safeguard taxpayer funds, including ‘hose fans collected through ad valorem taxes levied on property located within the fire service district where the Defendant-Department sto provide fire protection services othe general public and through ad valorem taxes collected County-wide;4d. that Plaintiff has a constitutional duty to see that taxpayer funds are spent toward a public purpose; ‘6. that Plaintiff has a contractual right to the reversion of tho assets of Defendant-Fire Department, to the extent that those assets were acquired through the use of funds collected through ad valorem taxes levied on property located within the fite service district where the Defendant-Departmeat isto provide fire protection services tothe general public; and fthit affording notice of this proceeding to the Defendants would likely frustrate Plaintiff's effort to fulfill its statutory duty to safeguard public funds and to obtain fulfillment ofthe contractual right to reversion of the assets ofthe Defendant-Fire Department. 4. The Plains attorney has cet tothe Cour that no efforts have been made sive notice tothe Defendant, and further certified thatthe complaint, summons, the motion and application for temporary restraining order andthe tached affidavit, and a copy ofthis Onder will be promptly served upon the Defendants upon issuance ofthis Onder 5. The Plt is one of North Carolina's 100 hundred counties and is nt required to give security pursuantto N.C, Gen. Stat § 1A-1, Rule 65(¢). CONCLUSIONS OF LAW 1, The Plains ikely to prevail on the mei in this ation. 2. The Plain has made the required showings to justify fssuance of a temporary restrining order by campetent, swom statements included in the verified complaint and affidavit) filed withthe Court 3. A temporary restining order should be issued against the Defendants to protect the Plait statutory oligations and conractal rights during the pendency ofthis proceating.ITIS THEREFORE ORDERED that Defendants and any person acting in concert or participation with Defendants, including any officers, employees, agent, or attomeys, are enjoined fand restrsined ftom withdrawing any amount from the bank ascounts of Defendant Fi Deparment, moving or carrying away any personal property of the Defendant-Fire Department, conveying or otherwise encumbering the real property of the Defendant-Fire Department, oF Aestroying ot concealing any records of the Defendant-Fire Department until such time as the allegations of any affidavits, the verified complaint, and this Motion and Application filed in this ‘matter shall be finally adjudicated IT IS FURTHER ORDERED that the Defendants and any person acting in concert or participation with Defendants are enjoined and restrained from entering upon the property of the Defendant Fite Dearne, appearing a the seen of any fire or oher emergency win Pender ‘County, and from seeing, attempting to see, or otherwise contacting any6fficer, employee, agent, ‘or attomey ofthe Plaintif, orsheieemitrmenbers-with the exception of contacting the Plainti's attomey of record in this matter or other individuals that Paintif’sattomey may authorize until such time as the allegations of any affidavits, the verified complaint, and this Motion and Application ied inthis matter shall be finally adjudicated. IT IS FURTHER ORDERED tht the duration ofthe order enjoining and resting the Defendants shall be for tn (10) days and that a hearing on the Plains aplication for & preliminary injunction shall be had within ten (10) days ofthe issuance ofthe temporary restraining coder, noice of which shall be served upon the Defendants, slong with the complaint and summons opy ofthis Order. IT IS FURTHER ORDERED that the Defendants appear before this Court at 4 2 o'clock a.m on Gebsloes Ul , 2023, in Courtroom HOO of thepee ety Couture in U2'tE19% caring, ty wish 0 be en on Plaintiff's application to have the terms and conditions of this Temporary Restraining Order continued in the form of 1 Preliminary Injunction pending the final adjudication ofthis cause SO ORDERED, this the _ thday of Oekw'etx7023,at_D'NS o'clock m PZ LO SGPERIOR COURT JUDGE Ri kes