LAW DEPARTMENT

One Parkway
CITY OF PHILADELPHIA 1515 Arch Street
Philadelphia, PA 19102-1595
MARCEL S. PRATI'
CITY SOLICITOR

KRISTIN BRA\'
CHIEF DEPllTY CITY SOLICITOR.
CODE & PllBLIC Nl"ISANCE LITIGATIQ'.'j t lNIT
(215) 683-5408 / krislin.bray'«iphila.gov

KELI.\' Dlffll.\'
SENIOR AlTORNE\', APPEALS llNIT
(215) 683-5010 I kelly.diffily@phila.gov

June 14, 2019

Jordan Rand Esq.,

Email: jrand@klehr.com
Carl S. Primavera, Esq.
Email: cprimaverafa'll,.,lehr.com
Leslie M. Gerstein,' Esq.
Email: lgersteinl@klehr.com
Klehr Harrison Harvey Branzbur
1835 Market Street, Suite 1400
Philadelphia PA 19103

Joseph Beller, Esq.,

Offit/Kurman
Ten Penn Center
180 l Market Street, Suite 2300
Philadelphia PA 19103
Email: jbeller/@offitkunnan.com

Re: In Re: Appeal of VisionQuest National, Ltd

Docket#: 190401351 (Court of Common Pleas)
Dear Counsel:

Please see attached the City's Notice of Appeal to Commonwealth Court, appealing the trial
court's June 13, 2019 Order granting VisionQuest National, Ltd.'s Petition for Special and Preliminary
Injunction (construed by the court as a Petition for Supersedeas by the court).
Please take notice that with the filing of this appeal, the City is granted an automatic
supersedeas pursuant to Pa. R. App. P. 1736(b).
Respectfully,

~~JLJ{;~
Kelly~ ~
Senior Attorney, Appeals Unit
kelly.diffily@phila.gov / (215) 683-50 I 0
Kristin Bray, Esq.
Chief Deputy City Solicitor, Code & Public Nuisance
Litigation Unit
kristin.brav(alphi la.gov / (215) 683-5408
CITY OF PHILADELPHIA LAW DEPARTMENT
MARCEL S. PRATT, CITY SOLICITOR
By: Kristin Bray, Esq. (Attorney I.D. No. 200737)
Chief Deputy City Solicitor, Code & Public Nuisance Litigation Unit
kristin.bray@phila.gov / (215) 683-5408
By: Kelly Diffily, Esq. (Attorney 1.D. No. 200531)
Senior Attorney, Appeals Unit
kelly.diffily@phila.gov / (215) 683-5010
City of Philadelphia Law Department
1515 Arch Street
Philadelphia, PA 19102-1595
Attorneys for Appellee, the Crty of Philadelphia

IN RE: APPEAL OF VISIONQUEST COURT OF COMMON PLEAS

NATIONAL, LTD. OF PHILADELPHIA COUNTY

Property Address: 5201 Old York Road, APRIL TERM 2019

Philadelphia, PA 19141
N0.1351

NOTICE OF APPEAL

Notice is hereby given that City of Philadelphia appeals to the Commonwealth Court of
Pennsylvania from the court's June 13, 2019 Order granting VisionQuest Nationl~td/ -s
("~i~ionQuest") Petition for Special and P~eliminary Injunction ( construed by the5j}~ri;.P . a '7n
Petition for Supersedeas by the court). This Order has been entered on the docketgi~ :evidenceg__
1

by the attached copies of the Court's Order (Ex. A) and the relevant docket entrie{(Jix. l!J. i-'"
,c::,
This order, while facially granting a supersedeas, effectively granted a preli:min~ f1'1
injunction and is appealable under Pa. R. App. P. 3 l l(a)(4). See Pa. R. App. P. 31 t{~}{4);l ee d
also, e.g., Blackwell v. State Ethics Comm'n, 567 A.2d 630, 633, 636 (Pa. 1989); T~p. of·: ..
Plymouth v. Cty. of Montgomery, 550 A.2d 1033, 1037 (Pa. Cmwlth. 1988). ~sr> I"'
--.J
~(/)

Respectfully submitted,

CITY OF PHILADELPHIA LAW DEPT.

MARCEL S. PRATT, CITY SOLICITOR

o ey 1.D. No. 200737)

orney 1.D. No. 200531)

Date: June 14, 2019

CITY OF PHILADELPHIA LAW DEPARTMENT
MARCEL S. PRATT, CITY SOLICITOR
By: Kristin Bray, Esq. (Attorney I.D. No. 200737)
Chief Deputy City Solicitor, Code & Public Nuisance Litigation Unit
kristin.bray(@phila. gov / (215) 683-5408
By: Kelly Diffily, Esq. (Attorney 1.0. No. 200531)
Senior Attorney, Appeals Unit
kelly.ditlily@phila.gov / (215) 683-5010
City of Philadelphia Law Department
1515 Arch Street
Philadelphia, PA 19102-1595
Attorneys.for Appellee, the City ofPhiladelphia

IN RE: APPEAL OF VISIONQUEST COURT OF COMMON PLEAS

NATIONAL, LTD. OF PHILADELPHIA COUNTY

Property Address: 5201 Old York Road, APRIL TERM 2019

Philadelphia, PA 19141
NO. 1351

ORDER OF TRANSCRIPT

A Notice of Appeal has been filed in this matter. In conformity with Rule 1922 of the
Pennsylvania Rules of Appellate Procedure, the official court reporter is hereby ordered to
produce, certify, and file the transcript of the hearings/argument in this matter that took place on:

• May 23, 2019 preliminary injunction hearing before Judge Paula Patrick in Courtroom
426, City Hall.

Respectfully submitted,

CITY OF PHILADELPHIA LAW DEPT.

MARCE S. PRATT, CITY SOLICITOR

Date: June 14, 2019

 Exhibit A

Order Appealed
 IN THE COURT OF COMMON PLEAS OF PHll,ADELPBIA COUNTY
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
CIVIl, TRIAL DMSION

VISIONQUEST NATIONAL, LTD.

Petitioner/Appellant APRIL TERM, 2019
NO. 01351
vs.
Control No. 19042158
PHILADELPHIA ZONING BOARD OF
ADJUSTMENT Property Address: 5201 Old
Respondent/Appellee Y:ork Road, Philadelphia, PA
19141

ZBA Cal. No. 36782

..
ORDER
'JUN 1d161§
·PROCEDURAL lilSTORY OFFICE OF JUDICIAL
RECORDS
Vision~est is an· Arizona corporation with a leaseho Id interest in the real property located

at 5201 Old York Rd, Philadelphia, PA 19141 (the Property). OYR Realcy Partners, LP (OYR)
-~
owns the property. VQ Brief.p.2. It is zoned RSA-2 which permit various forms of single-family

housing. The property however was always used with variance relief for what the Philadelphia

Zoning Code (Code) currently designates as "Group Living'' use. Group Living is residential

occupancy of a building or any portion thereof that is not characterized as a household to living

use. (Sec. 14-601(2)(a)(b) VQ Brief p.3.

On December 24, 2009, OYR submitted an application for Zoning/Use Registration. VQ

Briefp. 3. On March 24, 2010, the Zoning Board ofAdjustment (ZBA) granted use variance relief.

On March 26, 2010, OYR obtained a use permit which states in relevant part: "For the use of

existing Robinson BuiJding for diagnostic, treatment, ed~on and residential facility for 145

In Re: ,t,pptal 01\Mic>nqulSI NlliCNI, Lid-ORDER

11111111111111111
19040135100030
~H
residents between the ages of 13 and 18. Residents not under the jurisdiction of any court...". VQ

Brief p. 4 Since 2010, pursuant to the Use Permit, the property has been zoned as a group home

for children between the ages of 13 and 18, provided that they were not sentenced (delinquent)

under the jurisdiction of the courts. VQ Briefp. 5

VisionQuest has leased the property from OYR for use in connection with its contract with

the U.S. Department of Health and Human Services Office of Refugee Resettlement (ORR) to

operate an Unaccompanied Alien Children Program (UACP) shelter. Under that contract,

VisionQuest will provide residential shelter and services for "unaccompanied children,.-or children

who are under the age of 18 and who have no lawful immigration status in-the United States or

parent or legal guardian in the United States to provide care and physical custody. 6 USC Sec

279(g)(2} VQ Briefpgs. 11-12.

Once the City of Philadelphia received notice that VisionQuest intended to bring the

unaccompanied minors here to Philadelphia, Department of Licenses and "Tnspections (L&I)

decided that the Property could no longer be used as a group home for children if those children

were ''Unaccompanied Alien Children,, entering the United States without parents, relatives. or

legal guardians. VQ Brief p. S

VisionQuest intended to move the children into the Property in February 2019. On January

23, 2019, L&I issued Initial Notices of Violation and Order stating that a "new zoning permit is

required for the intended use a 5201 Old York Road as a facility for unaccompanied children who

are detained by the Federal Government ...,, VQ Briefp. 12

VisionQuest immediately appeal the Notice of Violation to the ZBA and the hearing was

scheduled for March 19, 2019. However, prior to that hearing on March 7, 2019, the City filed suit

against OYR and VisionQuest and sought exparte special injunction preventing the children from

2
moving into the Property because, in the City's view, VisionQuest had no right to operate the

property as a detention facility ... ". VQ Brief p. 12

On March 19, 2019, the ZBA heard VisionQuest's appeal. During the hearing the City admitted

that VisionQuest was not proposing to use the Property as a ''Detention and Correctional Facility"

since the children were not being confined there as punishment. On April 3, 2019, the ZBA denied

VisionQuest's appeal. VQ Briefp. 13. On April 9, 2019, VisionQuest filed this appeal.

VisionQuest sought immediate relief pending said appeal to the Court by filing this Petition for

Preliminary Injunction. However, this petition was amended at the bar of the Court as a Petition

for Supersedeas.

PRELIMINARY FINDINGS

After a full hearing which included testimony and oral argument, the Court makes the

following preliminary findings:

1. The current use and occupancy of the Property is for a sheher for youth as per Zoning and

Use Registration Permit No. 245790 dated March 26, 201 O;

2. From 2010-2017 Vision Quest operated as dependent youth shelter per a contract by the

City of Philadelphia through the Department of Human Services (OHS);

3. All youth who were in shelter at VisionQuest from 2010-2017 were committed by court

order to DHS as the youth were adjudicated dependent by law;

4. VisionQuest has made a strong showing oflikelihood of success on the merits in the appeal

of the decision of the ZBA;

5. Based on the existence of the Certificate of Occupancy and the Zoning and Use

Registration Permit, both of which were issued by L&I there is no and will be no adverse

impact on or jeopardy of health, safety, or welfare of the employees ofVisionQuest or the

children placed in the sheher located on the Property;

6. The interpretation of the Zoning Permit upon which L&I relies in issuing the Notice of

Violation is arbitrary, capricious and contrary to the actual tenns of the Philadelphia

Zoning Code and its own tenns of prior residency for more than seven (7) years of court

adjudicated dependent youth;

7. VisionQuest, its employees and the children eligible for residence in the shelter at the

Property will be irreparably banned by the delay in the resolution of the underlying

administrative agency appeal whereas there will be no harm to the public resuiting from

the stay and interim-occupancy of the Property;

AND NOW, this 13th day of June, 2019, it is hereby ORDERED and DECREED

that the Petition for Supersedeas is GRANfED.

IT IS FURTHER ORDERED and DECREED that:

1. The Appeal from the ZBNs decision shall be expedited with the Board lodging the

record and it's finding of mets and conc]usions of law as soon as possible, after which

this Court will issue an expedited briefing and oral argument schedule.

2. The City of Philadelphia and L&I sha11 cooperate with VisionQuest in implementing

the tenns of this Order.

4
3. VisionQuest shall post a bond with the Office of Judicial Records in the amount of

$1,500 per child.

4. This Court finds it necessary to appoint a Special Master to facilitate and oversee the

orderly process of the youth transitioning to the Property.

5. The Special Master shall monitor the operations and administration of the Property to

ensure the highest quality of care of the youth.

6. The SP-ecial Master shall proceed with all reasonable diligence to his duties and any

issues that may arise-concerning the implementation-and execution of said Order.

7. The Special Master's appointment will become effective upon filing of his affidavit

that there is no grounds for disqualification.

8. The Special Master's term or service will end when his duties are completed or the

Court terminates the appointment, whichever-comes first.

9. The Special Master shall submit-a written report and any recommendations to the Court

within sixty (60) days of this Order and every sixty (60) days thereafter until his

appointment is ended.

10. Before issuing his report and recommendations, the Special Master may meet with the

parties together to discuss and better understand the nature oftheir differences and may

require the parties to file briefs or necessary documents that may facilitate a successful

irnp]ementation of all issues surrounding this Order and/or possible resolution of this

case.

11. VisionQuest shall be solely responsible for all fees and costs associated and/or incurred

by the Special Master.

s
12. The Court appoints Paul P. Panepinto, Esquire as Special Master in this matter. Paul

P. Panepinto is well-qualified to serve in the capacity as he has an extensive background

in civil litigation, zoning code and youth dependency issues.

13. This Court shall retain jurisdiction over this matter.

. COURT:

6
 Exhibit B

Trial Court Docket

(No. 190401351)
6/14/2019 Civil Docket Report

No Items in Cart kdiffily1

Civil Docket Report

A $5 Convenience fee will be added to the transaction at checkout.
Case Description

Case ID: 190401351

Case Caption: IN RE: APPEAL OF VISIONQUEST NATIONAL, LTD
Filing Date: Tuesday , April 09th, 2019
Court: AGENCY APPEAL
Location: City Hall
Jury: NON JURY
Case Type: ZONING BOARD OF ADJUSTMENT
Status: LISTED FOR ORAL ARGUMENTS

Related Cases

No related cases were found.

Case Event Schedule

Event Date/Time Room Location Judge

MOTION HEARING 23-MAY-2019 City Hall Courtroom 426, City Hall PATRICK, PAULA
10:00 AM
PROJECTED ORAL ARGUMENT 04-NOV-2019 City Hall Courtroom 426, City Hall PATRICK, PAULA
09:00 AM

Case motions

Motion Assign/Date Control No Date/Received Judge

PRELIMINARY INJUNCTION 18-APR-2019 19042158 17-APR-2019 PATRICK, PAULA
MOTION TO QUASH pending 19052463 20-MAY-2019 PATRICK, PAULA
MOTION TO QUASH pending 19052464 20-MAY-2019 PATRICK, PAULA

Case Parties

Expn
Seq # Assoc Type Name
Date
1 ATTORNEY FOR BELLER ESQ, JOSEPH
APPELLANT
Address: OFFIT/KURMAN Aliases: none
TEN PENN CENTER
1801 MARKET STREET, SUITE
2300
PHILADELPHIA PA 19103
(267)338-1314

2 AGENCY ZONING BOARD OF

ADJUSTMENTS
Address: C/O BOARDS ADMINISTRATOR Aliases: none
MUNICIPAL SERVICES BUILDING
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6/14/2019 Civil Docket Report
1401 JFK BLVD, 11TH FLOOR
PHILADELPHIA PA 19102
(215)686-2573

3 1 APPELLANT VISIONQUEST NATIONAL

LTD
Address: 600 N SWAN RD Aliases: none
TUCSON AZ 85711

4 PROPERTY OWNER OYR REALTY PARTNERS LP

Address: STONEHENGE ADVISORS Aliases: none
1321 INTREPID AVE
SUITE 400
PHILADELPHIA PA 19112

5 TEAM LEADER PATRICK, PAULA

Address: CITY HALL Aliases: none
ROOM 481
PHILADELPHIA PA 19107
(215)686-8338

6 ATTORNEY FOR RAND ESQ, JORDAN

INTERVENOR
Address: KLEHR HARRISON HARVEY Aliases: none
BRANZBUR
1835 MARKET STREET
SUITE 1400
PHILADELPHIA PA 19103
(215)569-3024

7 6 INTERVENOR OYR REALTY PARTNERS LP

Address: 5201 OLD YORK RD Aliases: none
PHILADELPHIA PA 19141

8 1 ATTORNEY FOR PRIMAVERA, CARL S

APPELLANT
Address: KLEHR HARRISON HARVEY Aliases: none
BRANZBUR
1835 MARKET STREET, STE.
1400
PHILADELPHIA PA 19103
(215)569-1663

9 1 ATTORNEY FOR GERSTEIN, LESLIE M

APPELLANT
Address: 1835 MARKET ST Aliases: none
14TH FLOOR
PHILADELPHIA PA 19103
(215)569-4085

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10 11 APPELLEE CITY OF PHILADELPHIA

Address: c/o LAW DEPARTMENT Aliases: none
1515 ARCH ST, 14TH FLOOR
PHILADELPHIA PA 19107

11 ATTORNEY FOR FERNANDEZ, WILLIAM D

APPELLEE
Address: 1515 ARCH ST Aliases: none
15TH FLOOR
PHILADELPHIA PA 19102
(215)683-5116

12 11 ATTORNEY FOR BRAY, KRISTIN KATHRYN

APPELLEE
Address: 1515 ARCH STREET Aliases: none
17TH FLOOR
PHILADELPHIA PA 19102
(215)683-5408

13 11 ATTORNEY FOR JEFFERSON, EDWARD P

APPELLEE
Address: CITY OF PHILADELPHIA LAW Aliases: none
DEPT
ONE PARKWAY BUILDING
1515 ARCH STREET,15TH
FLOOR
PHILADELPHIA PA 19102
(215)683-5104

14 11 ATTORNEY FOR CASTAGLIUOLO, MARIA E

APPELLEE
Address: 1515 ARCH ST Aliases: none
PHILADELPHIA PA 19102
(215)683-5105

Docket Entries

Filing Disposition Approval/

Docket Type Filing Party
Date/Time Amount Entry Date
09-APR-2019 ACTIVE CASE 09-APR-2019
10:37 AM 11:37 AM
Docket
E-Filing Number: 1904021703
Entry:

09-APR-2019 COMMENCEMENT BY APPEAL BELLER ESQ, JOSEPH 09-APR-2019

10:37 AM 11:37 AM
Documents: Final Cover

Docket
none.
Entry:

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6/14/2019 Civil Docket Report

09-APR-2019 NOTICE OF STATUTORY APPEAL BELLER ESQ, JOSEPH 09-APR-2019

10:37 AM 11:37 AM
Documents: VisionQuest National, LTD v Zoning Board of Adjustment.pdf

Docket
APPEAL FROM THE ADJUDICATION OF THE ZONING BOARD OF ADJUSTMENT.
Entry:

09-APR-2019 CASE MANAGEMENT ORDER BELLER ESQ, JOSEPH 09-APR-2019

10:37 AM ISSUED 11:37 AM
Documents: CM Zoning Board

Docket
none.
Entry:

09-APR-2019 WAITING/ISSUE SCHEDULING 09-APR-2019

03:22 PM ORDER 03:22 PM
Docket
none.
Entry:

11-APR-2019 PRAECIPE TO INTERVENE RAND ESQ, JORDAN 11-APR-2019

09:17 AM 09:42 AM
Documents: OYR Praecipe to Intervene.pdf

Docket
PRAECIPE TO INTERVENE FILED. (FILED ON BEHALF OF OYR REALTY PARTNERS LP)
Entry:

16-APR-2019 ENTRY OF APPEARANCE RAND ESQ, JORDAN 17-APR-2019

06:26 PM 09:19 AM
Documents: VQ EOA.pdf

Docket ENTRY OF APPEARANCE OF LESLIE M GERSTEIN, CARL S PRIMAVERA AND JORDAN RAND
Entry: FILED. (FILED ON BEHALF OF VISIONQUEST NATIONAL LTD)

16-APR-2019 PRELIMINARY INJUNCTION RAND ESQ, JORDAN 17-APR-2019

09:05 PM 09:39 AM
Documents: VQ Injunction Petition.pdf
VQ Exhibits A - L.pdf
VQ Verification.pdf
VQ Special Injunction Order.pdf
VQ PI Order.pdf
VQ Order to Show Cause.pdf
VQ Brief.pdf
Motion CoverSheet Form

Docket 58-19042158 PRELIMINARY INJUNCTION (FILED ON BEHALF OF OYR REALTY PARTNERS LP,
Entry: OYR REALTY PARTNERS LP AND VISIONQUEST NATIONAL LTD)

18-APR-2019 ORDER ENTERED/236 NOTICE 18-APR-2019

09:41 AM GIVEN 12:00 AM
Documents: ORDER_9.pdf

Docket 58-19042158 IT IS HEREBY ORDERED AND DECREED THAT: 1. THE EMERGENCY RELIEF
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Entry: REQUESTED IS DENIED; AND 2. THE UNDERLYING MOTION SHALL PROCEED THROUGH THE
REGULAR COURT PROCESS. ... BY THE COURT: WRIGHT, J. 04/18/19

18-APR-2019 NOTICE GIVEN UNDER RULE 236 18-APR-2019

09:41 AM 02:05 PM
Docket NOTICE GIVEN ON 18-APR-2019 OF ORDER ENTERED/236 NOTICE GIVEN ENTERED ON 18-
Entry: APR-2019.

18-APR-2019 MOTION ASSIGNED 18-APR-2019

09:42 AM 09:42 AM
Docket 58-19042158 PRELIMINARY INJUNCTION ASSIGNED TO JUDGE: PATRICK, PAULA . ON DATE:
Entry: APRIL 18, 2019

26-APR-2019 RULE ISSUED PATRICK, PAULA 26-APR-2019

03:12 PM 03:12 PM
Documents: RLFIS_12.pdf

58-19042158 - UPON CONSIDERATION OF THE FOREGOING APPELLANT VISIONQUEST

NATIONAL, LTD.'S PETITION FOR SPECIAL AND PRELIMINARY INJUNCTION, A RULE IS
HEREBY ENTERED UPON THE RESPONDENT(S) TO SHOW CAUSE WHY THE RELIEF
REQUESTED THEREIN SHOULD NOT BE GRANTED. RULE RETURNABLE ON THE 23RD DAY OF
MAY, 2019 AT 10:00 A.M. IN COURTROOM 426, CITY HALL, PHILADELPHIA, PA 19107. AT THE
TIME OF THE HEARING, THE PARTIES SHALL BE PREPARED TO PRESENT EVIDENCE AND/OR
Docket
TESTIMONY AS TO THE ISSUES RAISED IN THE PETITION AND ANY RESPONSE THERETO.
Entry:
PETITIONER MUST SERVE THIS RULE TO SHOW CAUSE AND THE PETITION ON ALL
INTERESTED PARTIES IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL
PROCEDURE. PETITIONER SHALL ELECTRONICALLY FILE AN AFFIDAVIT OF SERVICE THAT
PROVIDES PROOF OF SERVICE FOR EACH PARTY SERVED. A WRITTEN RESPONSE TO THE
PETITION SHALL BE FILED NO LATER THAN 5 DAYS BEFORE THE HEARING. ? BY THE COURT:
PATRICK, J., 04/24/2019

26-APR-2019 NOTICE GIVEN UNDER RULE 236 29-APR-2019

03:12 PM 09:19 AM
Docket
NOTICE GIVEN ON 29-APR-2019 OF RULE ISSUED ENTERED ON 26-APR-2019.
Entry:

26-APR-2019 MOTION HEARING SCHEDULED 26-APR-2019

03:13 PM 03:13 PM
Docket 58-19042158 - MOTION HEARING SCHEDULED FOR 23RD DAY OF MAY, 2019 AT 10:00 A.M.IN
Entry: COURTROOM 426, CITY HALL

30-APR-2019 NOTICE GIVEN 30-APR-2019

12:30 AM 12:30 AM
Docket
none.
Entry:

09-MAY-2019 ENTRY OF APPEARANCE FERNANDEZ, WILLIAM 10-MAY-2019

04:59 PM D 02:21 PM
Documents: VQ EoA.pdf

Docket ENTRY OF APPEARANCE OF EDWARD P JEFFERSON, WILLIAM D FERNANDEZ AND KRISTIN

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Entry: KATHRYN BRAY FILED. (FILED ON BEHALF OF CITY OF PHILADELPHIA)

09-MAY-2019 CITY CHARGE SUBSEQUENT FERNANDEZ, WILLIAM 10-MAY-2019

04:59 PM FILINGS D 02:21 PM
Docket
none.
Entry:

10-MAY-2019 SCHEDULING ORDER ISSUED 10-MAY-2019

09:45 AM 09:45 AM
Documents: SASOI_16.pdf

It is hereby ORDERED as follows: 1. Record: The Agency subject to this appeal is ORDERED to file its
record with the Office of Judicial Records through the Existing Case section of the Electronic Filing
System for the Trial Division - Civil available online at: http://courts.phila.gov by 05-AUG-2019 or risk
sanctions. 2. Motions for Extraordinary Relief: Shall be electronically filed with the Civil Motions
Program through the Motions section of the Electronic Filing System not later than 02-SEP-2019. Any
request for continuance should also be filed as a Motion for Extraordinary Relief. 3. Briefs: Appellant's
Docket
brief is due by 02-SEP-2019. Appellee's brief is due by 07-OCT-2019. Briefs shall be electronically filed
Entry:
through the Existing Case section of the Electronic Filing System, and served upon all opponents. 4.
Oral Argument: On the legal merits of this appeal will take place anytime after 04-NOV-2019. Notice of
the scheduled date, time and location will be sent to all interested parties at least fifteen (15) days prior
the the scheduled event. Please note that once the argument date is set no continuances will be
granted. Questions concerning this Order and its contents shall be referred to the Civil Motions
Program at (215)686-8863. ...BY THE COURT: PAULA PATRICK, J. 10-MAY-2019

10-MAY-2019 LISTED FOR ORAL ARGUMENTS 10-MAY-2019

09:45 AM 09:45 AM
Docket
none.
Entry:

10-MAY-2019 NOTICE GIVEN UNDER RULE 236 10-MAY-2019

09:45 AM 02:28 PM
Docket
NOTICE GIVEN ON 10-MAY-2019 OF SCHEDULING ORDER ISSUED ENTERED ON 10-MAY-2019.
Entry:

10-MAY-2019 AFFIDAVIT OF SERVICE FILED RAND ESQ, JORDAN 10-MAY-2019

09:51 AM 09:53 AM
Documents: VQ AOS.pdf

AFFIDAVIT OF SERVICE OF ORDER TO SHOW CAUSE UPON ZONING BOARD OF

Docket ADJUSTMENTS AND JOSEPH BELLER BY FIRST CLASS REGULAR MAIL ON 05/10/2019 FILED.
Entry: (FILED ON BEHALF OF OYR REALTY PARTNERS LP, OYR REALTY PARTNERS LP AND
VISIONQUEST NATIONAL LTD)

14-MAY-2019 NOTICE GIVEN 14-MAY-2019

12:30 AM 12:30 AM
Docket
none.
Entry:

16-MAY-2019 LISTED FOR ORAL ARGUMENTS 16-MAY-2019

12:24 PM 12:24 PM

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Docket none.
Entry:

17-MAY-2019 ENTRY OF APPEARANCE-CO CASTAGLIUOLO, 17-MAY-2019

03:06 PM COUNSEL MARIA E 03:08 PM
Documents: Entry of Appearance.pdf

Docket ENTRY OF APPEARANCE OF MARIA E CASTAGLIUOLO AS CO-COUNSEL FILED. (FILED ON

Entry: BEHALF OF CITY OF PHILADELPHIA)

17-MAY-2019 MOTION TO QUASH FERNANDEZ, WILLIAM 20-MAY-2019

07:05 PM D 10:26 AM
Documents: Motion to Quash Subpoena, Memorandum of Law, and Proposed Order.pdf
Motion to Quash Subpoena Exhibits A-F.pdf
Verification.pdf
Certificate of Service.pdf
Motion CoverSheet Form

Docket
63-19052463 RESPONSE DATE 06/10/2019. (FILED ON BEHALF OF CITY OF PHILADELPHIA)
Entry:

17-MAY-2019 CITY CHARGE SUBSEQUENT FERNANDEZ, WILLIAM 20-MAY-2019

07:05 PM FILINGS D 10:26 AM
Docket
none.
Entry:

17-MAY-2019 MOTION TO QUASH FERNANDEZ, WILLIAM 20-MAY-2019

07:11 PM D 10:28 AM
Documents: City Motion to Quash Petition, Response, and Memorandum of Law.pdf
Proposed Order to Quash.pdf
Alternative Proposed Order to Dismiss.pdf
Verification.pdf
Certificate of Service.pdf
Exhibit A- City Response to VisionQuest Petition.pdf
Exhibit B- April 9 2019 Case Management Order (CMO).pdf
Exhibit C- ZBA transcript.pdf
Exhibit D- Cooperative Agreement between ORR and VisionQuest.pdf
Exhibit E- Community Meeting transcript.pdf
Exhibit F- Councilwoman Parker Letter Summarizing Community Meeting.pdf
Exhibit G- City January 2 2019 letter to VisionQuest counsel.pdf
Motion CoverSheet Form

Docket
64-19052464 RESPONSE DATE 06/10/2019. (FILED ON BEHALF OF CITY OF PHILADELPHIA)
Entry:

17-MAY-2019 CITY CHARGE SUBSEQUENT FERNANDEZ, WILLIAM 20-MAY-2019

07:11 PM FILINGS D 10:28 AM
Docket
none.
Entry:

21-MAY-2019 NOTICE GIVEN 21-MAY-2019

12:30 AM 12:30 AM
Docket
none.
Entry:

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6/14/2019 Civil Docket Report

13-JUN-2019 ORDER ENTERED/236 NOTICE 13-JUN-2019

12:42 PM GIVEN 12:00 AM
Docket IT IS HEREBY ORDERED AND DECREED THAT THE PETITION FOR SUPERSEDEAS IS
Entry: GRANTED. SEE ORDER FOR COMPLETE TERMS. ...BY THE COURT: PATRICK, J., 6/13/19.

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 CERTIFICATE OF SERVICE

I, Kelly Diffily, hereby certify that on the date set forth below, I served a true and correct
copy of the foregoing Notice of Appeal, upon the person(s) and in the manner indicated below:

By first class U.S. mail and email (the Philadelphia Courts' electronic filing system (EFS) is not
currently functional):

Joseph Beller, Esq.,

Offit/Kurman
Ten Penn Center
1801 Market Street, Suite 2300
Philadelphia Pa 19103
Email: jbellerc@offitkurman.com

Jordan Rand Esq.,

Email: jrand(@,klehr.com
Carl S. Primavera, Esq.
Email: cprimavera@,klehr.com
Leslie M. Gerstein, Esq.
Email: lgersteinrw.klehr.com
Klehr Harrison Harvey Branzbur
1835 Market Street, Suite 1400
Philadelphia Pa 19103

Clarence Hook
Land Title Building
100 S. Broad St., 2nd Floor
Philadelphia, PA 19110
215-683-8000
Email:transcripts@com1s.phila.gov
Official Court Reporter

By Hand Delivery:

The Honorable Paula A. Patrick

City Hall, Room 481
Philadelphia, PA, 19107
215 686-8338
Trial Judge

Date: June 14, 2019