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U.S. Marshals Service >> Local District Offices >> Eastern District of Pennsylvania >> Order for Appointment of Substitute Custodian

MOTION AND ORDER FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN  (PRIVATE ACTIONS)

UNITED STATES DISTRICT COURT

__________________DISTRICT OF___________________

 

___________________________________

  Plaintiff  

CIVIL NO. ______________  

v.

 

___________________________________________

her engines, tackle, apparel, Furniture, equipment and all other necessaries thereunto appertaining and belonging, in rem,  

 

MOTION FOR ORDER OR APPOINTMENT OF  SUBSTITUTE CUSTODIAN

_____________________________________________________

                                          Defendant.

 

PLAINTIFF,__________________________, by and through its attorneys _________________________________________, having appeared and made the following recitals: 

1.  On_______________, 20____, the Complaint herein was filed praying that the vessel ____________________________, her engines, tackle, apparel, furniture, equipment and all other necessaries thereunto appertaining and belonging, be condemned and sold to pay Plaintiff's demands and claims and for other proper relief.

2.  On_______________, 20____, the Clerk of this Court issued a Warrant of Arrest of Vessel commanding the United States Marshal, for the __________ District of_________, to arrest and take into custody the Defendant vessel and to detain the same in his custody until further Order of the Court.

3.  It is contemplated that the United States Marshal will seize the Defendant vessel forthwith. Custody by the United States Marshal requires the services of one or more keepers alone and not including charges for wharfage and the other services usually associated with safekeeping vessels similar to this vessel.  

4.  The Defendant vessel is currently berthed at _____________________________________________________________, who has agreed to assume the responsibility of safekeeping the said vessel and has consented to act as the custodian upon order of this Court, all for a sum, including wharfage and routine services required for the safekeeping of the particular vessel, at a rate of $____________per_____________. The United States Marshal is unable to perform or  to have performed at a comparable rate these same services. Additional services to be performed by ______________________, will include _____________________, (e.g., pumping), which services are to be performed at separate costs, not to exceed $__________. In any case, the transfer of the Defendant vessel to the substitute custodian for safekeeping will not be effected until the Court approves such custodianship and all such charges have been paid by the moving party.

5._______________________________________(Substitute Custodian) by affidavit appended hereto as Exhibit____ and made a part hereof, avers that he has adequate facilities and supervision for proper maintenance and safekeeping of the vessel, her engines, tackle, appurtenance, furnishings, [cargo], etc., and has presented proof of insurance to the United States Marshal sufficient to respond in damage to the defendant [attached] vessel, her engines, tackle, appurtenances, furnishings, [cargo], etc., or for damage or injury sustained by third parties due to any acts, faults, or negligence of said substitute custodian or its agents, it is

ORDERED that the plaintiff [and/or the substitute custodian (dependent upon who obtains the insurance)], in consideration of the United States Marshal's consent to the substitution of custody, shall indemnify, hold harmless, and release the United States Marshal, the United States of America, their agents, servants, employees, and all others for whom they are responsible, from any and all liability and responsibility arising out of the care and custody of the vessel, her engines, tackle, appurtenances, furnishings, [cargo], etc. from the date of the transfer of possession of said vessel, her engines, tackle, appurtenances, furnishings, [cargo], etc., and it is further

ORDERED that plaintiff [and/or the substitute custodian (dependent upon who obtains the insurance)] shall defend the United States of America, the United States Marshal, their agents, servants, employees, and all others for whom they are responsible, against all claims and actions arising out of said substitute custody and, further, shall indemnify and hold harmless and be responsible to pay and satisfy all claims and judgments that might arise out of said substitute custody and shall be responsible and indemnify and hold harmless the United States of America, the United States Marshal, their agents, servants, employees, and all others for whom they are responsible, for all attorneys' fees, costs, expenses and disbursements incurred in defending against such claims or actions arising out of said substitute custody, and it is further

ORDERED that the United States Marshal for the___________ District of __________________ shall surrender the possession of the Defendant vessel to the substitute custodian named herein upon executing the warrant in this action, and it is further

ORDERED that __________________________________be, and is hereby, appointed the custodian of said vessel to retain the same in his custody for possession and safekeeping for the aforementioned compensation until further Order of the Court, and it is further

ORDERED that all United States Marshal's costs be paid prior to release of said vessel, and it is further

ORDERED that the substitute custodian must receipt for the vessel and the United States Marshal must attest to the date and time of release on a certified copy thereof, and it is further

ORDERED that Plaintiff's attorney will serve the owner of 

 

Defendant _________________________________ with a copy of this Order.

 

DATED this ______ day of_________________, 20_____, at ____________________________________.

 

_______________________________

United States District Judge

 

PRESENTED BY:____________________________

                                    Attorneys for Plaintiff