WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION) v. PAVILION APARTMENTS PENN LLC
| WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION) |
| PAVILLION APARTMENTS PENN LLC |
| 2:2022cv03985 |
| October 6, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD J PAPPERT |
| Real Property: Foreclosure |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on April 17, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER THAT PLAINTIFF'S #15 MOTION FOR DEFAULT JUDGMENT IS WITHDRAWN. DEFENDANT PAVILLION MP'S #18 MOTION TO SET ASIDE DEFAULT IS GRANTED. PLAINTIFF WILL FILE A FIRST AMENDED COMPLAINT ON OR BEFORE 12/5/22. DEFENDANTS WILL ANSWER THE FIRST AMENDED COMPLAINT ON OR BEFORE 12/12/22. DEFENDANTS WILL RESPOND TO PLAINTIFF'S EMERGENCY MOTION TO APPOINT RECEIVER #13 ON OR BEFORE 12/16/22. A HEARING ON PLAINTFF'S EMERGENCY MOTION TO APPOINT RECEIVER #13 WILL BE HELD ON 12/21/22 AT 9:30 AM IN COURTROOM 11-A. SIGNED BY HONORABLE GERALD J. PAPPERT ON 12/1/22.12/1/22 ENTERED & E-MAILED.(fdc)
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Filing 23
Minute Entry for proceedings held before HONORABLE GERALD J. PAPPERT. Re: A Telephone Conference was held on 12/1/22. (fdc)
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Set/Reset Deadlines as to #13 Emergency MOTION to Appoint Receiver . RESPONSES DUE BY 12/16/2022. MOTION HEARING SET FOR 12/21/2022 09:30 AM IN Courtroom 11A BEFORE HONORABLE GERALD J. PAPPERT. (fdc)
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Set/Reset Scheduling Order Deadlines: AMENDED PLEADINGS DUE BY 12/5/2022. (fdc)
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Filing 22
Declaration re #13 Emergency MOTION to Appoint Receiver of Joseph Yeh by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION). (Attachments: #1 Exhibit 1 - Electrical Violation, #2 Exhibit 2 - Water Department Violation, #3 Exhibit 3 - Summary of Violations)(MANGIARACINA, JAMES)
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Filing 21
ORDER THAT DEFENDANT'S #20 MOTION FOR THE PRO HAC VICE ADMISSION OF S. JOSHUA KAHANE, ESQ. IS GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/28/22.11/28/22 ENTERED & E-MAILED.(fdc)
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Filing 20
MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number APAEDC-16335121.) filed by PAVILLION APARTMENTS PENN LLC.Motion, Affidavit, Proposed Order, Certificate of Service. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Service)(HALPERN, MARK)
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Filing 19
ANSWER to Complaint by PAVILLION APARTMENTS PENN LLC.(Kahane, S. Joshua)
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Filing 18
MOTION to Set Aside Default filed by PAVILLION APARTMENTS PENN LLC.Memorandum. (Attachments: #1 Memorandum)(HALPERN, MARK)
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Filing 17
NOTICE of Appearance by MARK S. HALPERN on behalf of PAVILLION APARTMENTS PENN LLC with Certificate of Service (Attachments: #1 Certificate of Service)(HALPERN, MARK)
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Filing 16
AFFIDAVIT of Service by Plaintiff re: served Plaintiff's Emergency Motion for Appointment of Receiver, Declaration of Kathryn Broecker, and Plaintiff's Motion for Entry of Default Judgement upon Defendant by U.S. Mail on November 22, 2022 (VEHRS, KARLA)
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Filing 15
MOTION for Default Judgment against Pavilion Apartments Penn LLC filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION).Declaration, Certificate of Service. (Attachments: #1 Declaration of Kathryn Broecker, #2 Text of Proposed Order)(MANGIARACINA, JAMES)
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Filing 14
Declaration re #13 Emergency MOTION to Appoint Receiver of Kathryn Broecker by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION). (Attachments: #1 Exhibit 1 - Indenture, #2 Exhibit 2 - Loan Agreement, #3 Exhibit 3 - Leasehold Mortgage, #4 Exhibit 4 - SDNA, #5 Exhibit 5 - Third Amendment of Lease, #6 Exhibit 6 - Second Amendment of Lease, #7 Exhibit 7 - Assignment, #8 Exhibit 8 - Feb. 4, 2021 Notice, #9 Exhibit 9 - Aug. 16, 2022 Notice, #10 Exhibit 10 - Aug. 16, 2022 Letter, #11 Exhibit 11 - Sept. 8, 2022 Notice, #12 Exhibit 12 - Summary of Arrearages, #13 Exhibit 13 - Electrical Violation, #14 Exhibit 14 - Water Department Violation, #15 Exhibit 15 - Summary of Violations)(MANGIARACINA, JAMES)
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Filing 13
Emergency MOTION to Appoint Receiver filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION).Memorandum, Certificate of Service. (Attachments: #1 Memorandum of Law in Support of Motion to Appoint Receiver, #2 Exhibit A - Indenture, #3 Exhibit B - Loan Agreement, #4 Exhibit C - Leasehold Mortgage, #5 Exhibit D - Second Amendment of Lease, #6 Exhibit E - Third Amendment of Lease, #7 Exhibit F - Assignment Agreement, #8 Exhibit G - Feb. 4, 2021 Notice, #9 Exhibit H - Aug. 16, 2022 Notice, #10 Exhibit I - Summary of Arrearages, #11 Exhibit J - Sept. 8, 2022 Letter, #12 Exhibit K - Electrical Violation, #13 Exhibit L - Water Department Violation, #14 Exhibit M - Summary of Violations, #15 Text of Proposed Order)(MANGIARACINA, JAMES)
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Default Entered **(SET ASIDE PER ORDER 24 FILED 12/1/2022)** (fdc) Modified on 12/2/2022 (tjd).
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DEFAULT BY PAVILLION APARTMENTS PENN LLC FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. **(SET ASIDE PER ORDER #24 FILED 12/1/2022)** (fdc) Modified on 12/2/2022 (tjd).
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Filing 12
Request for Default WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION) against PAVILLION APARTMENTS PENN LLC. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(MANGIARACINA, JAMES)
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Filing 11
ACCEPTANCE OF SERVICE by Pavillion Apartments Penn LLC Re: accepted summons and complaint for PAVILLION APARTMENTS PENN LLC on 10/10/2022, answer due 10/31/2022. (MANGIARACINA, JAMES)
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Filing 10
ACCEPTANCE OF SERVICE by Pavillion Apartments Penn LLC Re: accepted summons and complaint for WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION) on 10/10/2022, answer due 10/31/2022. (MANGIARACINA, JAMES)
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Filing 9
ORDER granting #7 MOTION FOR PRO HAC VICE; granting #8 MOTION FOR PRO HAC VICE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/17/22.10/17/22 ENTERED & E-MAILED.(fdc)
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Filing 8
MOTION for Pro Hac Vice for William P. Wassweiler filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION).Affidavit, Certificate of Service, Proposed Order. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Proposed Order, #3 Certificate of Service Certificate of Service)(QUAGLIA, RAYMOND)
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Filing 7
MOTION for Pro Hac Vice for Karla M. Vehrs filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION).Affidavit, Proposed Order, Certificate of Service. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Proposed Order, #3 Certificate of Service Certificate of Service)(QUAGLIA, RAYMOND)
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Filing 6
ORDER THAT PLAINTIFF'S #4 MOTION FOR PRO HAC VICE IS DENIED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/11/22.10/11/22 ENTERED & E-MAILED.(fdc)
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Filing 5
NOTICE of Appearance by JAMES MANGIARACINA on behalf of WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION) with Certificate of Service(MANGIARACINA, JAMES)
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Filing 4
MOTION for Pro Hac Vice Karla M. Vehrs ( Filing fee $ 40 receipt number APAEDC-16231675.) filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION).Certificate of Counsel.(QUAGLIA, RAYMOND)
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Filing 3
NOTICE by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION) re #1 Complaint (Attorney),,, Designation Form (QUAGLIA, RAYMOND)
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Filing 2
Summons Issued as to PAVILLION APARTMENTS PENN LLC. Forwarded To: Raymond A. Quaglia on 10/7/22 (fdc)
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Filing 1
COMPLAINT against PAVILLION APARTMENTS PENN LLC ( Filing fee $ 402 receipt number APAEDC-16228056.), filed by WILMINGTON TRUST, NATIONAL ASSOCIATION. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Exhibit A. Indenture, #4 Exhibit B. Loan Agreement, #5 Exhibit C. Promissory Note, #6 Exhibit D. Leasehold Mortgage, #7 Exhibit E. Third Amended Lease, #8 Exhibit F. Second Amended Lease, #9 Exhibit G. Assignment, #10 Exhibit H. Notice of Defaults 2-4-21, #11 Exhibit I. Notice of Continuing Defaults, #12 Exhibit J. August 16 2022 Letter, #13 Exhibit K. Pavillion arrearages, #14 Exhibit L. Notice of Add'l Defaults 9-8-22, #15 Exhibit M. Notice of Acceleration)(QUAGLIA, RAYMOND) (Attachment 1 replaced on 10/6/2022) (sbt). (Attachment 2 replaced on 10/6/2022) (sbt).
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Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. Plaintiff's counsel is directed to file COMPLETED Designation Form in this case using the Exhibit docket event; Related Case section is not complete. (sbt)
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| Plaintiff: WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION) | |
| Represented By: | RAYMOND A. QUAGLIA |
| Represented By: | KARLA M. VEHRS |
| Represented By: | WILLIAM P. WASSWEILER |
| Represented By: | JAMES MANGIARACINA |
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| Defendant: PAVILLION APARTMENTS PENN LLC | |
| Represented By: | S. Joshua Kahane |
| Represented By: | MARK S. HALPERN |
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