IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION
GREENFIELD AGRICULTURAL PARTNERS LLC, a Delaware limited liability company,
Plaintiff,
v.
PRAIRIE BASIN GRAIN CO., an Illinois corporation, and DARREN K. MUSGRAVE, individually,
Defendants.
Case No. 2022-L-004831
Calendar: 3
Judge: Hon. Patricia R. Dillon
AFFIDAVIT OF SERVICE — DEFENDANT DARREN K. MUSGRAVE
I. AFFIDAVIT OF PROCESS SERVER
STATE OF ILLINOIS ) ) SS. COUNTY OF CHAMPAIGN )
I, Robert J. Cahill, being first duly sworn on oath, depose and state as follows:
1. I am a licensed private process server authorized to effect service of process within the State of Illinois pursuant to 735 ILCS 5/2-202. My Illinois Process Server License Number is 2019-PS-04827. I am employed by Midwest Process Services Inc., located at 430 West Erie Street, Suite 210, Chicago, Illinois 60654. I am over the age of eighteen (18) years and am not a party to this action, nor am I an officer, director, employee, or agent of any party to this action. I have no interest, financial or otherwise, in the outcome of this litigation.
2. On May 24, 2022, I was retained by the law firm of Calderwood & Harkness LLP, attorneys for Plaintiff Greenfield Agricultural Partners LLC, to serve process upon Defendant Darren K. Musgrave, individually, in the above-captioned matter.
II. DOCUMENTS SERVED
3. I received for service upon Defendant Darren K. Musgrave true and correct copies of the following documents:
(a) Summons issued by the Clerk of the Circuit Court of Cook County, Illinois, in Case No. 2022-L-004831, directed to Defendant Darren K. Musgrave, individually, commanding his appearance before the Circuit Court of Cook County, Illinois, County Department, Law Division; and
(b) Verified Complaint, filed on May 9, 2022, with the Clerk of the Circuit Court of Cook County, Illinois, together with all exhibits attached thereto, consisting of the following counts:
(i) Count I — Breach of Contract (Master Grain Purchase and Off-Take Agreement) against Defendant Prairie Basin Grain Co.;
(ii) Count II — Breach of Personal Guaranty (Limited Personal Guaranty, dated March 15, 2019, attached to the Verified Complaint as Exhibit D to the Master Grain Purchase and Off-Take Agreement) against Defendant Darren K. Musgrave, individually;
(iii) Count III — Account Stated against Defendant Prairie Basin Grain Co.; and
(iv) Count IV — Unjust Enrichment against Defendant Prairie Basin Grain Co.
4. The copies of the Summons and Verified Complaint that I served were true, correct, and complete copies of the original documents on file with the Clerk of the Circuit Court of Cook County, Illinois. Each page of the documents served bore the file stamp of the Clerk of the Circuit Court.
III. PERSON SERVED
5. The individual upon whom service was effected is Darren K. Musgrave. Service was made upon Darren K. Musgrave in his individual capacity as a named Defendant in this action, specifically in his personal capacity as guarantor under the Limited Personal Guaranty dated March 15, 2019, which is attached as Exhibit D to the Master Grain Purchase and Off-Take Agreement between Plaintiff Greenfield Agricultural Partners LLC and Defendant Prairie Basin Grain Co.
IV. MANNER OF SERVICE
6. Service was effected by personal service (in-hand delivery). I personally delivered true and correct copies of the Summons and Verified Complaint, together with all exhibits attached thereto, to Darren K. Musgrave by leaving said copies directly in his hand at the location described in Paragraph 8 below.
7. Upon approaching the individual at the service location, I asked the individual if he was Darren K. Musgrave. The individual confirmed that he was, in fact, Darren K. Musgrave. I additionally identified the individual through physical description consistent with information provided to me by retaining counsel: the individual presented as a white male, approximately 50 to 55 years of age, approximately six feet in height, medium build, with brown hair. I then informed him that he was being served with legal process and placed the documents directly into his hands. The individual accepted the documents without objection or incident.
V. DATE AND TIME OF SERVICE
8. Service was completed on Tuesday, May 24, 2022, at approximately 7:42 a.m. Central Daylight Time.
VI. LOCATION OF SERVICE
9. Service was effected at the following location:
1188 Windermere Lane Champaign, Illinois 61822 (Champaign County)
10. The above-described location is the personal residence of Defendant Darren K. Musgrave. Service was made at the front entrance of the single-family residence at said address. The individual answered the front door of the residence upon my arrival and was served at the threshold of the front entrance.
VII. ADDITIONAL DETAILS AND COMPLIANCE
11. Service upon Defendant Darren K. Musgrave was effected in full compliance with Section 2-203 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-203, which provides for personal service upon individual defendants within the State of Illinois by leaving a copy of the process with the defendant personally.
12. At the time of service, the person served appeared to be competent and of sound mind. To the best of my knowledge and belief, Darren K. Musgrave is not currently engaged in active military service of the United States or any branch thereof, and is not otherwise entitled to the protections of the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq.
13. I have no personal or business relationship with the Defendant Darren K. Musgrave, nor with any other party to this action, and I have not received any consideration for making this affidavit other than my customary fee for service of process.
VIII. VERIFICATION
14. I declare under penalty of perjury, pursuant to Section 1-109 of the Illinois Code of Civil Procedure, 735 ILCS 5/1-109, that the foregoing statements are true and correct to the best of my knowledge, information, and belief. I understand that making a false statement in this Affidavit is punishable as perjury under the laws of the State of Illinois.
FURTHER AFFIANT SAYETH NOT.
________________________________________
Robert J. Cahill Licensed Private Process Server Illinois Process Server License No. 2019-PS-04827 Midwest Process Services Inc. 430 West Erie Street, Suite 210 Chicago, Illinois 60654
IX. NOTARIZATION
STATE OF ILLINOIS ) ) SS. COUNTY OF CHAMPAIGN )
Subscribed and sworn to before me this 24th day of May, 2022, by Robert J. Cahill, who is personally known to me or who produced satisfactory identification in the form of a valid Illinois driver's license.
________________________________________
Sandra M. Reinhardt Notary Public, State of Illinois County of Champaign My commission expires: September 30, 2025
[NOTARY SEAL / STAMP]
X. FILING INFORMATION
This Affidavit of Service is filed with the Clerk of the Circuit Court of Cook County, Illinois, in connection with Case No. 2022-L-004831, Greenfield Agricultural Partners LLC v. Prairie Basin Grain Co. et al., pending in the County Department, Law Division.
Filed on behalf of Plaintiff Greenfield Agricultural Partners LLC by its attorneys of record:
CALDERWOOD & HARKNESS LLP
By: ________
Francesca Morano Responsible Partner
Calderwood & Harkness LLP 225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Telephone: (312) 555-7200 Facsimile: (312) 555-7201
Email: fmorano@calderwoodharkness.com
Attorneys for Plaintiff Greenfield Agricultural Partners LLC
XI. CERTIFICATE OF SERVICE
I, Hannah Brinkley, an attorney at Calderwood & Harkness LLP, hereby certify that on May 27, 2022, I caused a true and correct copy of the foregoing Affidavit of Service — Defendant Darren K. Musgrave to be served upon the following parties and/or persons by depositing same in the United States Mail, first class, postage prepaid, in an envelope properly addressed as follows:
Prairie Basin Grain Co. c/o Ridgeline Corporate Services LLC Registered Agent 77 West Washington Street, Suite 1420 Chicago, Illinois 60602
Darren K. Musgrave 1188 Windermere Lane Champaign, Illinois 61822
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this Certificate of Service are true and correct.
________________________________________
Hannah Brinkley Calderwood & Harkness LLP 225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Telephone: (312) 555-7200
Email: hbrinkley@calderwoodharkness.com
Attorney for Plaintiff Greenfield Agricultural Partners LLC