PNC Bank, National Association v. General Oil Company, Incorporated et al

Filing 46

DEFAULT JUDGMENT in favor of Plaintiff against All Defendants EXCEPT TIMOTHY WESTERDALE. Signed by District Judge Lawrence P. Zatkoff. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PNC Bank, National Association,
successor to National City Bank,
a national banking association,
Plaintiff,

Case No. 10-13744
Hon. Lawrence P. Zatkoff

vs
General Oil Company Incorporated, a Michigan
corporation, Orbis Properties, L.L.C., a Michigan limited
liability company, Waste Compliance Services, Inc., a
Michigan corporation, GOC Services, Inc., d/b/a
EIS, Inc., a Michigan corporation, General, LLC,
a Michigan limited liability company
and Timothy A. Westerdale,
Defendants.
Plunkett Cooney
By: Douglas C. Bernstein (P33833)
Emily M. Coyle (P74123)
Attorneys for Plaintiff
38505 Woodward Ave., Suite 2000
Bloomfield Hills, MI 48304
[phone]; [phone] (fax)
[e-mail]

/
Jacob & Weingarten, P.C.
By: Howard S. Sher (P38337)
Attorney for Barry P. Lefkowitz, Receiver
2301 W. Big Beaver Rd., Suite 777
Troy, MI 48084
[phone]
[e-mail]

Conlin, McKenney & Philbrick, P.C.
By: Chris L. McKenney (P17473)
Attorney for Timothy A. Westerdale
350 S. Main Street, Suite 400
Ann Arbor, Michigan 48104-2131
[phone]; [phone] (fax)
[e-mail]
DEFAULT JUDGMENT

/

This matter having come before the Court on Plaintiff’s Motion for Entry of
Default Judgment as to all Defendants Except Timothy A. Westerdale resulting from
Defendants, General Oil Company Incorporated, Orbis Properties, L.L.C., Waste
Compliance Services, Inc., GOC Services, Inc., d/b/a EIS, Inc., and General, LLC
having failed to answer Plaintiff’s Complaint within the time period allowed, and the
Court being otherwise fully advised in the premises:
IT IS HEREBY ORDERED that a money judgment is entered against General
Oil Company Incorporated, Orbis Properties, L.L.C., Waste Compliance Services,
Inc., GOC Services, Inc., d/b/a EIS, Inc., and General, LLC, jointly and severally, in
the amount of $1,046,712.00 as follows:
a.

Obligation 3213: Principal amount owing of $717,717.45 and
accrued but unpaid interest of $166,958.71 for a total amount
due of $884,676.16 through August 29, 2013.

b.

Obligation 3222: Principal amount owing of $14,564.09,
accrued but unpaid interest of $10,218.45 and late charges of
$932.30 for a total amount due of $25,714.84 through August
29, 2013.

c.

Obligation 3238: Principal amount owing of $2,563.98, accrued
but unpaid interest of $5,711.26 and late charges of $700.98 for
a total amount due of $9,066.22 through August 29, 2013.

d.

Obligation 3245: Principal amount owing of $9,049.84 and
accrued but unpaid interest of $5,531.91 for a total amount due
of $14,581.75 through August 29, 2013.

e.

Orbis Note: Principal amount owing of $58,399.51 accrued but
unpaid interest of $22,927.68 and late charges of $5,226.52 for
a total amount due of $86,553.71 through August 29, 2013.
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f.

Attorney fees and costs through August 29, 2013 of
$26, 139.32.

Interest shall continue to accrue on this Default Judgment at the rates set forth in the
loan documents as provided by M.C.A. 600.6013(7), subsequent to August 29, 2013
until the Default Judgment is paid in full.
IT IS FURTHER ORDERED that Defendants shall be obligated to pay any
further costs of collection incurred by Plaintiff, including attorney’s fees, subsequent
to August 29, 2013. If necessary, Plaintiff may request a supplemental judgment to
recover such costs.
Date: September 18, 2013
s/Lawrence P. Zatkoff
Hon. Lawrence P. Zatkoff
U.S. District Court Judge
Open.03654.82827.13246588-1

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