PNC Bank, National Association v. McNeely et al

Filing 102

MOTION by Plaintiff PNC Bank, National Association for judgment amount to be set on Counts III and IV of Complaint to Foreclose Mortgage (Gattone, Wendy)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
PNC BANK, NATIONAL ASSOCIATION,
successor to National City Bank
of the Midwest,
Plaintiff,
v.
WILLIAM T. MCNEELY a/k/a WILLIAM
MCNEELY, PATRICIA A. MCNEELY a/k/a
PATRICIA MCNEELY, PATTI-CAKE
CHILD CARE CENTER AND PRESCHOOL
OF CHICAGO, INC., PATTI-CAKE CHILD
CARE CENTER AND PRESCHOOL OF
LAKE COUNTY, INC., BMO HARRIS
BANK, N.A., as successor to AMCORE
BANK, N.A., JB LINZY, JR., BELINDA B.
LINZY, KURT EPPERSON and MONIQUE
BATES,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 1:13-cv-04602
Judge: Hon. Thomas M.
Durkin
Magistrate Judge: Hon.
Mary M. Rowland

PLAINTIFF’S MOTION
TO SET JUDGMENT AMOUNT AS TO
COUNTS III AND IV OF THE COMPLAINT
NOW COMES the Plaintiff, PNC Bank, National Association, successor to
National City Bank of the Midwest (“Plaintiff” or “PNC”), by and through its attorneys,
Thomas J. Dillon, Wendy Kaleta Gattone, Nicholas S. Maragos and McFadden &
Dillon, P.C., and in support of its Motion to Set Judgment Amount as to Counts III and
IV of the Complaint states as follows:
1.

On March 18, 2016, this Court entered a Judgment of Foreclosure and

Sale (“Judgment”) wherein this Court ordered, inter alia, that judgment was entered
in favor of PNC and against defendant, Patti-Cake Child Care Center and Preschool

of Chicago, Inc. (“Chicago Patti-Cake”) on Count III of the Complaint for breach of a
commercial guaranty in an amount to be determined at the time of the approval of
sale; and in favor of PNC and against defendant, Patti-Cake Child Care Center and
Preschool of Lake County, Inc. (“Lake Patti-Cake”) on Count IV of the Complaint for
breach of a commercial guaranty in an amount to be determined at the time of the
approval of sale. Doc. #76, page id #1072-1073, ¶23.
2.

On May 27, 2016, this Court entered two separate Orders Approving

Report of Sale as to the two foreclosed parcels of real estate both of which included an
in rem deficiency judgment in favor of PNC in regard to the foreclosure counts of the
Complaint, but are silent as to the final judgment amount on Counts III and IV of the
Complaint.1 Doc. #99, 100
3.

The calculation for the actual amount remaining due on the Judgment for

which Chicago Patti-Cake and Lake Patti-Cake are liable pursuant to the Judgment
on Counts III and IV of the Complaint is as follows:
Judgment (03/18/16)
Interest (date of judgment 03/18/16Date of Sale 04/27/16)
Publication (Greenwood)
Publication (Washington)
Special Commissioner (Greenwood)
Special Commissioner (Washington)
Total amount due:
Sale Proceeds Washington:
Credit Bid on Greenwood:

1

$1,037,939.32
750.73
575.00
575.00
400.00
400.00
$1,040,640.05
(217,301.00)
(250,000.00)

William McNeely and Patricia McNeely, the Borrowers, had previously been discharged
in bankruptcy pursuant to Chapter 7 of the U.S. Bankruptcy Code and, thus, PNC was not
entitled to a personal deficiency against the Borrowers.

TOTAL AMOUNT REMAINING DUE:

$573,339.05

WHEREFORE, Plaintiff, PNC Bank, National Association, successor to National
City Bank of the Midwest respectfully requests that this Court (i) enter a final
judgment on Count III of the Complaint to Foreclose Mortgage and for Other Relief in
favor of PNC and against Patti-Cake Child Care Center and Preschool of Chicago, Inc.
in the amount of $573,339.05; (ii) enter a final judgment on Count IV of the Complaint
to Foreclose Mortgage and for Other Relief in favor of PNC and against Patti-Cake
Child Care Center and Preschool of Lake County, Inc. in the amount of $573,339.05;
and (iii) grant such further relief as this Court deems just and equitable.
Respectfully submitted,
/s/ Wendy Kaleta Gattone
One of the attorneys for plaintiff, PNC
Bank, National Association, successor
to National City Bank of the Midwest
Thomas J. Dillon (ARDC#3124223)
[e-mail]
Wendy Kaleta Gattone (ARDC#6226119)
[e-mail]
Nicholas S. Maragos (ARDC#6306503)
[e-mail]
McFadden & Dillon, P.C.
120 S. LaSalle Street, Suite 1335
Chicago, Illinois 60603
[phone]