IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

FIRSTMERIT BANK, N.A., a national banking ) 

association, ) 

 ) 

 Plaintiff, ) 

 ) 

 v. ) No. 12 CV 00508 

 ) 

LEGACY HOME BUILDERS, INC., an Illinois ) Assigned Judge: 

corporation, SHANNON LAKES ) Rebecca R. Pallmeyer 

HOMEOWNERS ASSOCIATION, an Illinois ) 

not-for-profit corporation; ROBERT L. CIMALA, ) Magistrate Judge: 

an individual; ELLEN E. MCLAUGHLIN ) Nan R. Nolan

CIMALA, an individual, ) 

 ) 

 Defendants. ) 

MOTION FOR JUDGMENT OF FORECLOSURE AND SALE 

 NOW COMES the Plaintiff FirstMerit Bank, N.A., by Ryan M. Holz, one of its 

attorneys, and in support of its motion for judgment of foreclosure and sale against Defendant 

Legacy Home Builders, Inc., states as follows: 

1. FirstMerit initiated these proceedings on January 24, 2012 by filing a complaint 

for foreclosure and other relief. 

2. In count I, FirstMerit sought a judgment of foreclosure and sale against 

Defendants Legacy Home Builders, Inc., Shannon Lakes Homeowners Association, Robert L. 

Cimala, and Ellen E. McLaughlin Cimala on the property commonly known as 804 Shannon 

Lake Court, Westmont, Illinois 60559. 

3. On March 26, 2012, this Court entered an order of default against Legacy and 

scheduled the prove-up hearing for April 19, 2012. 

Case: 1:12-cv-00508 Document #: 11 Filed: 04/12/12 Page 1 of 3 PageID #:102
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4. Contemporaneously with this motion, FirstMerit has filed an affidavit of proveup, an affidavit of Kenneth M. Lodge, a motion to dismiss Shannon Lakes, Robert, and Ellen 

from count I, a motion to stay counts II, III, IV, and V, and a motion to appoint a special 

commissioner. 

5. Based on its complaint, and the other documents on record with the Court, 

FirstMerit seeks the entry of a judgment of foreclosure and sale against Legacy on count I of the 

complaint. 

6. FirstMerit has submitted a proposed judgment of foreclosure and sale to this 

Court and has served a copy of that proposed judgment of foreclosure and sale on each party. 

 WHEREFORE, Plaintiff FirstMerit Bank, N.A. respectfully requests that this Court enter 

a judgment of foreclosure and sale against Defendant Legacy Home Builders, Inc. on count I of 

FirstMerit Bank, N.A.’s complaint for foreclosure and other relief. 

Dated: April 12, 2012 FIRSTMERIT BANK, N.A. 

 /s/ Ryan M. Holz________________ 

Kenneth M. Lodge 

Ryan M. Holz (IL No. 6294328) 

Locke Lord LLP 

111 South Wacker Drive 

Chicago, Illinois 60606 

Phone: 312-443-0656 (R. Holz) 

rholz@lockelord.com

 

Case: 1:12-cv-00508 Document #: 11 Filed: 04/12/12 Page 2 of 3 PageID #:103
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NOTICE OF FILING AND CERTIFICATE OF SERVICE 

I, Ryan M. Holz, an attorney for Defendant FirstMerit Bank N.A., hereby certify that on 

April 12, 2012 before 5:00 p.m., this Motion for Judgment of Foreclosure and Sale was filed 

through the electronic filing system and was served by regular U.S. mail on the below named 

Defendants at the below listed addresses pursuant to L.R. 5.5. 

Legacy Home Builders, Inc. 

c/o Robert L. Cimala 

6201 South Grant Street 

Burr Ridge, Illinois 60527 

Robert L. Cimala 

6201 South Grant Street 

Burr Ridge, Illinois 60527 

Ellen E. McLaughlin Cimala 

6201 South Grant Street 

Burr Ridge, Illinois 60527 

 /s/ Ryan M. Holz 

Kenneth M. Lodge 

Ryan M. Holz (IL No. 6294328) 

Locke Lord LLP 

111 South Wacker Drive 

Chicago, Illinois 60606 

Phone: 312-443-0656 (R. Holz) 

rholz@lockelord.com 

Case: 1:12-cv-00508 Document #: 11 Filed: 04/12/12 Page 3 of 3 PageID #:104