IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

CIVIL DIVISION

CASE NO.: 502013CA000865

THOMAS C. D'ALESSANDRO, INDIVIDUALLY

BERNADETTE H. D'ALESSANDRO, INDIVIDUALLY

Plaintiffs,

v.

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LEHMAN BROTHERS BANK, FSB;, NATIONAL
CITY BANK, et al..

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Defendants.

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PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT AGAINST DEFENDANT,
NATIONAL CITY BANK FOR FAILING TO RESPOND TO PLAINTIFF’S
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COMPLAINT
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COME NOW, the Plaintiff, THOMAS C. D’ALESSANDRO AND BERNADETTE H.
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D’ALESSANDRO, Pro Se, Individually, pursuant to Fla. R. Civ. P. § 1.500(a) and hereby file

their Motion for Default against Defendant, NATIONAL CITY BANK, in this quiet title action,
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and hereby states as grounds the following:

1. On January 16, 2013, Plaintiff, THOMAS C. D’ALESSANDRO AND BERNADETTE

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H. D’ALESSANDRO, Pro Se, Individually, filed a Verified Complaint in quiet title

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against Defendants, including, but not excluded to: NATIONAL CITY BANK.
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2. Defendant, NATIONAL CITY BANK, to date, has not responded in a timely fashion
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under Fla. R. Civ. P. § 1.140(a), which provides that a defending party to a Complaint

must respond within twenty (20) days’ time to said Complaint. See Id.

3. Defendant, NATIONAL CITY BANK, was served a copy of Plaintiffs’ Complaint on or

about April 5,2013.

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THOMAS C. D’ALESSANDRO, et al v. LEHMAN BROTHERS BANK, FSB, et al.
Case No.: 502013CA000865
 4. Per Fla. R. Civ. P. § 1.500(a), if there has been no paper or pleading served in response

by a defending party to a Complaint, then default is to be entered by the Clerk of Court

and can be entered accordingly against such party. See Id.

5. Per Fla. R. Civ. P. § 1.500(b), if there has been no paper or pleading served in response

by a defending party to a Complaint, then default is to be entered by the Court and can be

done by motion. See Id.

WHEREFORE, Plaintiff now request and move that a Default be entered by the

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Clerk as to Defendant, NATIONAL CITY BANK, as named herein, since Defendant

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NATIONAL CITY BANK, has failed to respond to Plaintiffs’ Complaint, and that a hearing

should now be immediately called by this Honorable Court to decide on Plaintiffs’ Motion for

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Default by the Court in this matter. Upon such hearing, Plaintiffs hereby requests and moves that
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its Motion for Default be granted by the Court against Defendant NATIONAL CITY BANK, as
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named herein.
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Respectfully Submitted,
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THOMAS C.TT^ESSANDRO; Pro Se

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Defendant
19291 West Indies Lane
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Tequesta, Florida 33469

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BERNADETTE H. D’ALESSANDRO; Pro Se

Defendant
19291 West Indies Lane
Tequesta, Florida 33469

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THOMAS C. D’ALESSANDRO, et al v. LEHMAN BROTHERS BANK, FSB, et al.
Case No.: 502013CA000865
 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by US

Mail and/or e-mail upon the following party(ies): NATIONAL CITY BANK, 6750 Miller Road

Brecksville, OH 44141, on this *3 day of June, 2013.

THOMAS CSlTA'LESSANDRO; Pro Se

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Defendant
19291 West Indies Lane
Tequesta, Florida 33469

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IF
BERNADETTE H. D’ALESSANDRO; Pro Se
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Defendant
19291 West Indies Lane
Tequesta, Florida 33469
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THOMAS C. D’ALESSANDRO, et al y. LEHMAN BROTHERS BANK, FSB, et al.
Case No.: 502013CA000865