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03/15/89 Rts Plumbing Company, Inc. v. Louis Defazio Et Al.

March 15, 1989

RTS PLUMBING COMPANY, INC., PLAINTIFF

v.

LOUIS DEFAZIO ET AL., DEFENDANTS AND COUNTERDEFENDANTS AND THIRD-PARTY DEFENDANTS (PURITAN FINANCE CORPORATION, PLAINTIFF-INTERVENOR; SUMMIT FIRST FEDERAL



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

Savings and Loan Association,

Counterplaintiff and Third-Party, Plaintiff-Appellee; Stephen

J. Sharley et al.,

Proposed

Intervenors-Appellants)

No. 1-87-3761

536 N.E.2d 836, 180 Ill. App. 3d 1037, 129 Ill. Dec. 786 1989.IL.322

Appeal from the Circuit Court of Cook County; the Hon. Harold A. Siegan, Judge, presiding.

APPELLATE Judges:

JUSTICE WHITE delivered the opinion of the court. McNAMARA and RIZZI, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WHITE

Appellants, Stephen J. Sharley, Diane Perrier, Tadeusz and Lucyna Hejna, Damen Savings and Loan, and United Savings of America, appeal from an order of the circuit court denying their petition to intervene in a foreclosure action brought by the Summit First Federal Savings and Loan Association (Summit). Appellants argue that they were entitled to intervene as a matter of right and that the trial court erred in finding that a notice of lis pendens recorded by Summit barred them from intervening in the action.

The action was initiated in September 1984 when RTS Plumbing Co., Inc. , filed a complaint for foreclosure of a mechanic's lien against Summit, Louis and David DeFazio, the Bank of Lyons (Lyons), the Bridgeview Bank and Trust, and the Midland Savings and Loan Association. RTS alleged that pursuant to a written contract with Louis DeFazio, it had furnished services in connection with certain real property located in Bridgeview, Illinois, that defendants failed to pay for the services rendered, and that a mechanic's lien had been recorded against the property. RTS' complaint requested that defendants be ordered to pay the amount owed or, in the alternative, that the property be sold to satisfy RTS' lien.

On May 20, 1985, Summit filed a counterclaim and third-party complaint to foreclose against the DeFazios, Lyons, RTS, and others. Summit alleged that it held a mortgage on the Bridgeview property and that the mortgage was in default in the amount of $78,390.64. ...


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