WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION) v. PAVILLION APARTMENTS PENN LLC et al
| 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 and KIRYAT GREENBRIAR, L.P. |
| 2:2022cv03987 |
| October 6, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD J PAPPERT |
| Contract: Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 24
ORDER THAT IN CASE 22-3985 PLAINTIFF'S 15 MOTION FOR DEFAULT JUDGMENT IS WITHDRAWN.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. PLAINTIFF WILL VOLUNTARILY DISMISS CASE 22-3987 BY 12/5/22; ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 12/1/22.12/1/22 ENTERED & E-MAILED (JL)
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| Filing 23 Minute Entry for Telephone Conference held on 12/1/22, before Judge Gerald J. Pappert. Court Reporter/Transcriber ESR. (lisad, ) |
| Filing 22 MOTION to Set Aside Default filed by PAVILLION APARTMENTS PENN LLC.Memorandum. (Attachments: #1 Memorandum)(Kahane, S. Joshua) |
| Filing 21 Declaration re #20 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 Agreement, #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) |
| Filing 20 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)(MANGIARACINA, JAMES) |
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Filing 19
ORDER THAT THE APPLICATIONS OF S. JOSHUA KAHANE, AUBREY B. GREER AND YOSEF HOROWITZ FOR DEFENDANT PAVILLION APARTMENTS PENN LLC'S PRO HAC VICE ARE GRANTED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/15/22.11/15/22 ENTERED AND E-MAILED.(JL) Modified on 11/16/2022 (fdc).
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| Filing 18 MOTION for Pro Hac Vice HOROWITZ ( Filing fee $ 40 receipt number APAEDC-16313331.) 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) |
| Filing 17 MOTION for Pro Hac Vice GREER ( Filing fee $ 40 receipt number APAEDC-16313322.) 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) |
| Filing 16 MOTION for Pro Hac Vice KAHANE ( Filing fee $ 40 receipt number APAEDC-16313235.) 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) |
| Filing 15 ANSWER to Complaint by PAVILLION APARTMENTS PENN LLC.(HALPERN, MARK) |
| Filing 14 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) |
| Default Entered (amas) |
| DEFAULT BY PAVILLION APARTMENTS PENN LLC FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (amas) |
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Filing 13
ORDER THAT THE COURT DECLINES TO APPROVE THE STIPULATION TO EXTEND TIME FOR DEFENDANT KIRYAT GREEN BRIARBRIAR, L.P. TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT. PLAINTIFF WILMINGTON TRUST, NATIONAL ASSOCIATION AND DEFENDANT KIRYAT GREENBRIAR, L.P. ARE DIRECTED TO SUBMIT A JOINT STATUS REPORT BY 12/2/22; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/8/22. 11/8/22 ENTERED AND E-MAILED.(JL)
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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)(VEHRS, KARLA) |
| Filing 11 STIPULATION to Extend Time for Defendant Kiryat Greenbriar, L.P. to Answer or Otherwise Respond to Complaint by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION). (VEHRS, KARLA) |
| Filing 10 WAIVER OF SERVICE Returned Executed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF THE $29,615,000 PHILADELPHIA AUTHORITY FOR INDUSTRIAL DEVELOPMENT SENIOR HOUSING REVENUE BONDS (THE PAVILION). KIRYAT GREENBRIAR, L.P. waiver sent on 11/1/2022, answer due 1/1/2023. (VEHRS, KARLA) |
| Filing 9 ACCEPTANCE OF SERVICE by Pavillion Apartments Penn LLC Re: accepted summons and complaint for PAVILLION APARTMENTS PENN LLC on 10/17/2022, answer due 11/7/2022. (MANGIARACINA, JAMES) |
| MAILED OUT ORDER ENTRY #8 TO COUNSEL ON 10/18/22. (jaa, ) |
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Filing 8
ORDER THAT PLAINTIFF APPLICATION FOR PRO HAC VICE ADMISSION OF KARLA M. VEHRS AND WILLIAM P. WASSWEILER IS GRANTED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/17/22. 10/17/22 ENTERED AND NOT MAILED TO COUNSEL AND E-MAILED.(JL)
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| Filing 7 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, 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) |
| Filing 6 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) |
| Filing 5 Summons Issued as to KIRYAT GREENBRIAR, L.P., PAVILLION APARTMENTS PENN LLC. Forwarded To: EMAILED TO PLAINTIFF'S COUNSEL on 10/11/22 (JL) |
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Filing 4
ORDER THAT PLAINTIFF'S MOTION FOR PRO HAC VICE IS DENIED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/11/22.10/11/22 ENTERED AND E-MAILED.(JL)
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| Filing 3 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) |
| Filing 2 MOTION for Pro Hac Vice of Karla M. Vehrs ( Filing fee $ 40 receipt number APAEDC-16231738.) 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) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-16228265.), 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. Letter to Wassweiler re Arrearages, #15 Exhibit M. Notice of Add'l Defaults, #16 Exhibit N. Acceleration Notice)(QUAGLIA, RAYMOND) (Attachment 1 replaced on 10/6/2022) (sbt). (Attachment 2 replaced on 10/6/2022) (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: | AUBREY B GREER |
| Represented By: | S. JOSHUA KAHANE |
| Represented By: | YOSEF HOROWITZ |
| Represented By: | MARK S. HALPERN |
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| Defendant: KIRYAT GREENBRIAR, L.P. | |
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