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PNC Bank, National Association v. Gilbert

United States District Court, N.D. Illinois, Eastern Division

April 13, 2003

PNC BANK, NATIONAL ASSOCIATION, Plaintiff,
v.
TOBY GILBERT AND JANE GILBERT AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED THE 13TH DAY OF APRIL 2003 AND KNOWN AS TRUST No. 041303, JANE GILIBERT, TOBY GILBERT, SHAWN GILBERT, GAVIN GILBERT, JAMES SCHAEFGES and CHRISTYNE J. SCHAEFGES, Defendants.

          PNC BANK, NATIONAL ASSOCIATION Martin J. Wasserman One of its Attorneys.

          Sunil R. Harjani Magistrate Judge.

          MOTION FOR ENTRY OF DEFAULT JUDGMENT AND JUDGMENT OF FORECLOSURE AND SALE

          Virginia M. Kendall District Judge.

         Plaintiff, PNC Bank, National Association (“PNC Bank”), by its attorneys Carlson Dash, LLC, and pursuant to Federal Rule of Civil Procedure 55(b)(2) AND 735 ILCS 5/15-1506, move this Court for entry of default judgment and judgment of foreclosure and sale. In support of its Motion, Plaintiff states as follows:

         1. Plaintiff filed this matter on September 11, 2019. Count I alleges a claim for breach contract related to a guaranty executed by James Schaefges. Count II alleges a claim for breach of contract related to a guaranty executed by Jane Gilbert. Count III seeks to foreclose a mortgage on the property commonly known as 9220 Oriole Avenue, Morton Grove, Illinois. Count IV seeks to foreclose a mortgage on the property commonly known as 1440 Wicke Avenue, Des Plaines, Illinois.

         2. On October 8, 2019, Defendant Chrystine J. Schaefges was served with process and a copy of the Complaint. A copy of the Affidavit of Service is attached as Exhibit 1.

         3. On September 9, 2019, Defendant Gavin Gilbert was served with process and a copy of the Complaint. A copy of the Affidavit of Service is attached as Exhibit 2.

         4. On October 8, 2019, Defendant James Schaefges was served with process and a copy of the Complaint. A copy of the Affidavit of Service is attached as Exhibit 3.

         5. On October 9, 2019, Defendant Jane Gilbert was served with process and a copy of the Complaint. A copy of the Affidavit of Service is attached as Exhibit 4.

         6. On October 9, 2019, Jane Gilbert as Trustee under the provision of a Trust Agreement dated the 13th of April, 2003 and known as trust number 041303 was served with process and a copy of the Complaint. A copy of the Affidavit of Service is attached as Exhibit 5.

         7. On October 9, 2019, Toby Gilbert as Trustee under the provision of a Trust Agreement dated the 13th of April, 2003 and known as trust number 041303 was served with process and a copy of the Complaint. A copy of the Affidavit of Service is attached as Exhibit 6.

         8. On October 9, 2019, Defendant Shawn Gilbert was served with process and a copy of the Complaint. A copy of the Affidavit of Service is attached as Exhibit 7.

         9. On October 9, 2019, Defendant Toby Gilbert was served with process and a copy of the Complaint. A copy of the Affidavit of Service is attached as Exhibit 8.

         10. Under Federal Rule of Civil Procedure 12(a)(1)(A)(i), the Defendants had twenty-one (21) days within which to answer ...


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