PLAINTIFF'S MOTION FOR CONDITIONAL JUDGMENT AGAINST SILVER CROSS HOSPITAL

JOHN Z. LEE, District Judge.

Plaintiff, PNC Bank, National Association (the "Plaintiff"), by its attorneys, Carlson Dash, LLC, pursuant to Federal Rule of Civil Procedure 69, 735 ILCS 5/2-1402 and 735 ILCS 5/12-706 hereby moves this Court for a conditional judgment in favor of Plaintiff and against Silver Cross Hospital in the amount of $376,355.42. In support of this Motion, Plaintiff states as follows:

1. On November 26, 2019, this Court entered judgment in favor of the Plaintiff and against Faris Abusharif in the amount of $374,785.67 (the "Judgment Amount"). See Judgment Order, attached as Exhibit A.

2. On January 13, 2020, the Clerk of the Court issued a Citations to Discover Assets to a Third-Party Silver Cross Hospital (the "Third-Party Citation"). Silver Cross Hospital is believed to a hospital which contracts with Dr. Abusharif. See Third Party Citation attached as Exhibit B.

3. On January 17, 2020, Silver Cross Hospital was served with the Third-Party Citation. A copy of the proof of service is attached as Exhibit C.

4. The Third-Party Citation was returnable on February 13, 2020. Silver Cross Hospital has failed to answer or otherwise respond to the Third-Party Citation.

5. Federal Rule of Civil Procedure 69 provides, among other things, that procedures for collecting a monetary judgment must accord with the state where the court is situated. F.R.C.P. 69(a)(1).

6. 735 ILCS 5/2-1402 controls supplementary proceedings in Illinois and provides in part that:

7. 735 ILCS 5/12-706 sets forth, in pertinent part:

8. Interest has accrued on the Judgment Amount since the entry of the judgment on. To date, statutory interest in the amount of $1,569.79 has accrued. The total amount due and owing to Plaintiff to date is $376,355.42.

9. Plaintiff requests this Court enter a conditional judgment against Silver Cross Hospital and in favor of Plaintiff in the amount of $376,355.42.

WHEREFORE, for the foregoing reasons, Plaintiff PNC Bank, National Association respectfully requests the Court:

(1) grant its Motion for Conditional Judgment against Silver Cross Hospital;

(2) Allow for a summons confirm the conditional judgment to be issued;

(3) enter a conditional judgment against Silver Cross Hospital and in favor of Plaintiff in the amount of $376,355.42, and

(4) grant such other and further relief as is just.

EXHIBIT A

DEFAULT JUDGMENT ORDER

This cause coming to be heard on Plaintiff's Motion for Default Judgment, proper notice having been provided, and the Court being otherwise fully advised in the premises; IT IS HEREBY ORDERED THAT:

1. Judgment is entered in favor PNC Bank, National Association and against Defendant Faris Abusharif in the amount of $374,785.67, of which $369,824.67 is for principal, interest and fees, $3,787.50 is for attorneys' fees, and $1,173.50 is for costs advanced.

EXHIBIT B

CITATION TO DISCOVER ASSETS

TO: Silver Cross Hospital

YOU ARE COMMANDED to either file your answer to this Citation or appear before the Honorable John Z. Lee in Courtroom 2125 of the United States Courthouse for the Northern District of Illinois, located 219 S. Dearborn Street, Chicago, IL, on February 13, 2020 at 9:00 a.m. to be examined under oath concerning the property or income of, or indebtedness due FARIS ABUSHARIF (the "Judgment Debtor").

Judgment was entered on November 26, 2019 in favor of PNC Bank, National Association ("Judgement Creditor") and against FARIS ABUSHARIF in the United States District Court for the Northern District of Illinois in the sum of $374,785.67, of which $406,760.54, plus statutory interest pursuant to 28 U.S.C. § 1961(a) remains outstanding. Further sums may become due as costs and interest accrue.

YOU ARE COMMANDED to produce at the examination (bring with you) all books, papers, or records in your possession or over which you have control, which may contain information concerning the property of Judgment Debtor which indicates that you are indebted to or holding any funds for the Judgment Debtor, including: SEE ATTACHED RIDER.

YOU ARE PROHIBITED from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from execution or garnishment belonging to the Judgment Debtor or to which the Judgment Debtor may be entitled or which may be acquired by or become due to the Judgment Debtor until further order of court or termination of the proceedings. You arc not required to withhold the payment of any money beyond double the amount of the balance due.

WARNING: IF YOU FAIL TO APPEAR IN COURT OR FILE YOUR ANSWER AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT.

CERTIFICATE OF ATTORNEY FOR JUDGMENT CREDITOR

Under penalties as provided by law, the undersigned certifies that the above information regarding the amount of judgment, the date of judgment, or its revival date, the balance due thereon, the name of the Court and the number of the case is true and correct.

RIDER TO CITATION TO DISCOVER ASSETS TO THIRD PARTY

1. Copies of all contracts related to the Judgment Debtor.

2. Copies of any and all documents or records reflecting amounts paid to the Judgment Debtor within the past 180 days.

3. A list of all accounts payable pertaining to the Judgment Debtor.

4. Copies of all documents related to amounts owed to the Judgment Debtor.

EXHIBIT C