Free Motion for Preliminary Injunction - District Court of Delaware - Delaware

Case 1 :04-cv-00910-GIVIS Document 86-3 Filed 07/13/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
INTEGRATED HEALTH SERVICES OF )
CLIFF MANOR, INC., et al., )
)
Plaintiffs-Counterclaim Defendants, )
)
v. ) Case No. 04-910
)
THCI COMPANY LLC, )
)
Defendant-Counterclaimant. )

AFFIDAVIT OF IGOR M. TSIBELMAN IN SUPPORT OF THCI COMPANY
LLC’S MOTION FOR PRELIMINARY INJUNCTION WITH REQUEST FOR
EXPEDITED CONSIDERATION AND HEARING
IGOR M. TSIBELMAN, being duly sworn, deposes and says:
1. I am associated with Arent Fox, PLLC, counsel for THCI Company LLC
("Defendant"), defendant-counterclaimant herein. I submit this affidavit in support ofthe
motion by Defendant-Counterclaimant THCI Company LLC for an order directing
Plaintiffs—Counterclaim-Defendants Integrated Health Services of Cliff Manor, Inc. and
eight other subsidiaries! ("Plaintiffs") of IHS Long-Tenn Care, Inc. ("LTC") to vacate
nine nursing homes ("Facilities") currently leased from defendant-counterclaimant THCI
Company LLC ("Defendant"); and enjoining Plaintiffs from making any payments or
distributions to LTC or any other related entities pending surrender of the Facilities and
resolution of this case.

Case 1:04—cv—00910-GI\/IS Document 86-3 Filed 07/13/2005 Page 2 of 4
2. Annexed hereto as Exhibit l is a true and complete copy of the letter dated
March 9, 2005 ("March 2005 Default Letter") forwarded by Beth Green Kibel, Esq.,
counsel to THCI, to the Nine Subsidiaries, LTC, Abe Briarwood Corporation
("Briarwood") and Tri-State Health Investors, LLC ("Tri-State").
3. Annexed hereto as Exhibit 2 is a true and complete copy of the letter dated
April l2, 2005 ("April 2005 Default Letter") forwarded by Beth Green Kibel, Esq., to the
Nine Subsidiaries, LTC, Briarwood and Tri-State.
4. Annexed hereto as Exhibit 3 is a true and complete copy of the letter dated
May 6, 2005 ("May 2005 Default Letter") by Beth Green Kibel, Esq., to Harry Grunstein,
President of the Nine Subsidiaries, LTC, Briarwood and Tri-State.
5. Annexed hereto as Exhibit 4 is a true and complete copy of the letter dated
June 3, 2005 ("June 2005 Default Letter") by Beth Green Kibel, Esq., to Harry Grunstein,
President of the Nine Subsidiaries, LTC, Briarwood and Tri-State.
6. Annexed hereto as Exhibit 5 is a true and complete copy of the letter dated
July 6, 2005 (“July 2005 Letter") forwarded by Michael S. Sherman, Esq., Vice-President
and General Counsel of THCI to Harry Grunstein, President of the Nine Subsidiaries,
LTC, Briarwood and Tri-State.
8. Annexed hereto as Exhibit 6 is a true and complete copy of the letter dated
July ll, 2005 ("Termination Letter") forwarded by Michael S. Sherman, Esq., Vice-
President and General Counsel of THCI to Harry Grunstein, President of the Nine
I Integrated Health Services at Riverbend, Inc.; Integrated Health Services at Somerset Valley, Inc.; Alpine
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Case 1 :04-cv-00910-GIVIS Document 86-3 Filed 07/13/2005 Page 3 of 4
Subsidiaries, LTC, Briarwood and Tri-State.
9. Aimexed hereto as Exhibit 7 is a tme and complete copy of Facility Lease
and Security Agreement ("Missouri Lease") by and between Meditrust of Missouri, Inc.
and Integrated Health Services of Cliff Manor, Inc.
l0. Annexed hereto as Exhibit 8 is a true and complete copy of the letter dated
May 27, 2005 ("Riverbend Letter") forwarded by Integrated Health Services of
Riverbend, Inc. to Linda S. Ross, Esq., counsel to THCI.
ll. Annexed hereto as Exhibit 9 is a true and complete copy of Petition for
Declaratory Judgment and Other Relief ("Missouri Complaint") filed by Plaintiffs and
LTC with the Circuit Court of the County of Platte of the State of Missouri on April 5,
2004.
Manor, Inc.; Briarcliff Nursing Home, Inc.; Integrated Health Group, Inc.; Spring Creek of IHS, Inc.;
Firelands of IHS, Inc.; and Elm Creek of IHS, Inc.
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Case 1:04—cv—00910-GI\/IS Document 86-3 Filed 07/13/2005 Page 4 of 4
Dated: July 13, 2005
New York, New York.
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n Igor M. Tsibelman
Sworn and subscribed to before me
thisj day ofJuly 2005
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