PNC Bank, National Association v. Castlewall Enterprise, LLC, et al.

Summary

The court withdraws the Clerk’s Entry of Default against Castlewall Enterprise, LLC, Tanya Bell, and Keith Bell because the record does not show that the defendants were properly served with PNC Bank’s motion for entry of default or other subsequent filings. The court denies PNC’s motion for default judgment without prejudice as moot. PNC must properly serve the defendants with every filing before further action will be taken.

Holdings

1. Default should not have been entered because, before default was entered, PNC was required to serve its motion for entry of default on each defendant and the record showed no such service.
2. The motion for default judgment could not be considered because no defendant was properly in default; the motion was denied without prejudice as moot.
3. PNC must properly serve the defendants with every document it has filed in the case, and no further action will be taken until PNC demonstrates that service has been completed.

Questions Presented

1. Whether default could properly be entered when the plaintiff had not served the defendants with its motion for entry of default.
2. Whether the court could consider the plaintiff's motion for default judgment when no defendant was properly in default.
3. Whether the plaintiff must serve the defendants with every filing made before default is entered.

Disposition

other