United States of America on Behalf of its Agency, Farmers Home Administration or Successor Agency, United States Department of Agriculture v. Pellino et al

Filing 13

MOTION by Plaintiff United States of America for judgment (Attachments: # 1 Exhibit Affidavit of Military Service, # 2 Exhibit Affidavit of Amounts Due, # 3 Exhibit Certificate of Prove Up of Foreclosure Fees and Costs)(Rasmussen, Ashley)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION
UNITED STATES OF AMERICA, ON BEHALF OF
ITS AGENCY, RURAL HOUSING SERVICE OR
SUCCESSOR AGENCY, UNITED STATES
DEPARTMENT OF AGRICULTURE,
Plaintiff
v.
KINDA J PELLINO N/K/A KINDA SKROBLUS A/K/A
KINDA J PELLINO-SKROBLUS; MORTON
COMMUNITY BANK F/K/A PEKIN SAVINGS
BANK; UNKNOWN OWNERS AND NON-RECORD
CLAIMANTS,
Defendant.

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No. 17-cv-8371
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Judge Feinerman
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PLAINTIFF’S RULE 55 MOTION FOR DEFAULT JUDGMENT
AND FOR ENTRY OF JUDGMENT OF FORECLOSURE
The United States of America, by John R Lausch Jr., United States Attorney for the Northern
District of Illinois, moves this Honorable Court for an Order of Default Judgment pursuant to Federal
Rule of Civil Procedure 55 and in support, states as follows:
1.

Plaintiff initiated these proceedings on November 17, 2017, seeking a Judgment of
Foreclosure and Sale.

2.

That the Defendant:
a. Kinda J Pellino was served by personal service on December 6, 2017 (see Docket
Entry #8)
b. Morton Community Bank was served by corporate service on November 22,
2017 (see Docket Entry #9)

3.

More than twenty one (21) days have elapsed since Defendants were served, and they
have failed to answer, plead, or otherwise defend the allegations of the United States’
Complaint.

4.

Defendants’ failure to defend and deny the allegations of the United States’ complaint
results in those allegations being admitted and the United States therefore moves the

Court for the entry of Default Judgment.
5.

Defendants are not currently on active duty in the United States Military. (See Affidavit
as to Military Service attached as Exhibit A).

6.

The United States’ claim of damages is for a sum that is made certain by computation and
is more specifically set forth in its supporting Judgment Affidavit. (See Affidavit of
Amounts Due and Owing attached as Exhibit B; see Certificate of Prove-up of
Foreclosure Fees and Costs attached as Exhibit C).

WHEREFORE, the United States moves this Honorable Court for an Order of Default Judgment
of Foreclosure against the Defendants, Dawn M Berg, and for that amount as set forth and made
certain in its Judgment Affidavit and Certificate of Prove-up of Foreclosure Fees and Costs.

Respectfully submitted,
JOHN R LAUSCH Jr.
United States Attorney
By: s/Ashley K Rasmussen_______
Ashley K Rasmussen
Attorney for the United States
[e-mail]
223 W. Jackson Blvd., Suite 610
Chicago, Illinois 60606
[phone]