UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION (CHICAGO)

PHARMACY CORPORATION OF )

AMERICA D/B/A PHARMERICA, ET AL. )

)

)

)

Plaintiffs/Judgment Creditors/Garnishors, ) CASE NO. 1:20-CV-00447

)

v. )

)

CHAMPAIGN URBANA NURSING )

AND REHAB, LP, ET AL. )

)

Defendants/Judgment Debtors, )

)

)

v. )

)

FIRST MIDWEST BANK )

)

Garnishee. )

PLAINTIFF’S MOTION FOR WRIT OF NON-WAGE GARNISHMENT

NOW COMES the Plaintiffs/Judgment Creditors/Garnishors, Pharmacy Corporation of 

America d/b/a PharMerica and PharMerica Drug Systems, LLC d/b/a PharMerica, 

(“PharMerica”), by and through counsel, and for their Motion for Writ of Non-Wage 

Garnishment, states as follows:

1. On December 10, 2019, PharMerica was granted an Order of Partial Judgment

against Champaign Urbana Nursing and Rehab, LP (“Judgment Debtor”) by the United States 

District Court for the Western District of Kentucky, Case No. 3:18-cv-754-RGJ-RSE, in the 

principal amount of $230,481.01, plus interest through November 26, 2019, totaling $63,536.99, 

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and continuing at the rate of $113.66 per day from November 27, 2019, until paid in full; postjudgment interest at the rate of 18% per annum; and all reasonable costs and expenses of 

collection or enforcement of the judgment, including but not limited to, reasonable attorneys’ 

fees and court costs (the “Judgment”). See DN 1. The Judgment is valid, subsisting and unpaid. 

An Affidavit for Writ of Non-Wage Garnishment is attached as Exhibit 1.

2. The Judgment was duly registered in this Court on January 21, 2020.

3. PharMerica has a judgment wholly unsatisfied, against Defendant/Judgment Debtor, 

Champaign Urbana Nursing and Rehab, LP, registered in this court from which the writ is being 

sought.

4. PharMerica has conducted an asset investigation and, on the basis of that 

investigation, believes that Judgment Debtor does not have or possess property in Kentucky 

subject to execution sufficient to satisfy the Judgment.

5. The amount alleged to be due is the balance of the Judgment in the principal 

amount of $230,481.01, plus interest through November 26, 2019, totaling $63,536.99, and 

continuing at the rate of $113.66 per day from November 27, 2019, until paid in full; postjudgment interest at the rate of 18% per annum; and all reasonable costs and expenses of 

collection or enforcement of the judgment, including but not limited to, reasonable attorneys’ 

fees and court costs as indicated in the writ.

6. PharMerica, based upon its asset investigation, has reason to believe, and does 

believe, that First Midwest Bank, whose business address is 8750 West Bryn Mawr Avenue, 

Suite 1300, Chicago, Illinois 60631, is indebted to Champaign Urbana Nursing and Rehab, LP in 

amounts exceeding those exempted from garnishment by any state or federal law; or that First 

Midwest Bank has possession or control of personal property or effects belonging to Champaign 

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Urbana Nursing and Rehab, LP which are not exempted from garnishment by any state or federal 

law.

WHEREFORE, PharMerica respectfully requests that this Honorable Court grant its 

motion, and enter an Order issuing a writ of garnishment, and for all other relief the Court deems 

just and proper. 

Respectfully submitted,

Richard A. Saldinger

Latimer LeVay Fyock LLC

55 W. Monroe

Suite 1100

Chicago, Illinois 60603

(312) 422-8000

rsaldinger@llflegal.com

-and-

/s/ Matthew C. Williams

Jennifer Metzger Stinnett (KY 89917)

Matthew C. Williams (KY 95836)

FULTZ MADDOX DICKENS PLC

101 South Fifth Street, 27th Floor

Louisville, Kentucky 40202

Tel: (502) 588-2000

Fax: (502) 588-2020

jstinnett@fmdlegal.com

mwilliams@fmdlegal.com

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CERTIFICATE OF SERVICE

I certify that on January 24, 2020 I electronically filed the foregoing with the Clerk of the 

Court using the CM/ECF system, and a copy of the foregoing was also served via electronic mail 

and U.S. Mail, First-Class and electronic mail on the following:

John B. Wolf

ASHMAN & STEIN

8707 N. Skokie Blvd., Suite 100

Skokie, Illinois 60077

(312) 782-3484

(847) 983-0388 (fax)

jwolf@ashmanstein.com

/s/ Matthew C. Williams

Counsel for Plaintiff

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