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PNC Bank, National Association v. Chicago Title Land Trust Co.

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

October 20, 2016

PNC BANK, NATIONAL ASSOCIATION, Plaintiff,
v.
CHICAGO TITLE LAND TRUST COMPANY AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 29, 1983 AND KNOWN AS TRUST NUMBER 57701 CUSHING TRANSPORTATION, INC., CUSHING LOGISTICS, INC., LEA CARTAGE, INC., PACELLA FAMILY, L.L.C., ANTHONY PACELLA, JAMES PACELLA and JOHN PACELLA, JR., Defendants.

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

          PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND JUDGMENT OF FORECLOSURE AND SALE

          Honorable James B. Zagel District Judge.

         PNC Bank, National Association (“PNC”), by its attorneys Carlson Dash, LLC, and pursuant to Federal Rules of Civil Procedure 55(a) & (b)(1), and 735 ILCS 5/15-1506(a) moves this Court for the entry of (1) a Default Judgment; and (2) Judgment of Foreclosure and Sale against the above-named defendants. In support of its motion, PNC states as follows:

         Motion for Default

         1. On June 24, 2016, PNC filed its Complaint (the “Complaint”) seeking monetary judgments against its borrowers and guarantors, and to foreclose the property commonly known as 3756 S. Cicero Avenue, Stickney, Illinois which secured its loans. A copy of the Complaint is attached as Exhibit 1.

         2. On June 30, 2016, Chicago Title Land Trust Company as Trustee under Trust Agreement dated April 29, 1983 and known as Trust Number 57701 (the “Trustee”) was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 2.

         3. On July 15, 2016, Cushing Transportation, Inc. was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 3.

         4. On July 15, 2016, Cushing Logistics, Inc. was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 4.

         5. On July 15, 2016, Lea Cartage, Inc. was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 5.

         6. On August 19, 2016, Pacella Family, L.L.C. was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 6.

         7. On August 31, 2016, Anthony Pacella was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 7.

         8. On August 18, 2016, James Pacella was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 8.

         9. On July 1, 2016, John Pacella, Jr. was served with process and a copy of the Complaint. A copy of the Return of Service is attached as Exhibit 9.

         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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