As it turns, it was the Yankees who made the claim on Pena, according to Sports Illustrated and WFAN's Jon Heyman.
The Yankees and Cubs now have 48 hours to work out a trade for Pena, otherwise Pena goes back to the Cubs.
Right now, according to FOX Sports' Ken Rosenthal, a deal seems unlikely because the rest of Pena's salary is deferred until January and the Cubs may want to re-sign him for 2012.
Pena was originally signed by Chicago on a one-year deal for $10 million in the winter, and with the Cubs all but out of the playoff chase, the team is placing some of their guys on waivers.
The Cubs put former ace Carlos Zambrano on waivers as well, but considering his temperament, his contract and the fact that he is on the disqualified list and in the middle of a grievance against the Cubs right now, nobody in their right mind would touch Zambrano on waivers.
But Pena makes sense for a contender. He's got power, and he is an excellent fielding first basemen and he's affordable.
It would make sense for the Yankees to make the deal for Pena given he could give them added depth to their lineup.
He could fit in as the DH and give Mark Teixeira days off if needed in the field and play first base.
Pena is hitting .223 with 23 home runs and 67 RBI with 56 runs and 74 walks.
His low batting average isn't great; neither are his strikeouts, with 129 total.
But with New York benching Jorge Posada and alleviating him of his regular DH duties, it could mean the Yankees would want to deepen their lineup, especially with veterans like Andruw Jones and Eric Chavez, who are contributing.
The Yankees have used Jones as the DH and a part-time left fielder against lefties, but not primarily against righties. Pena would be a good fit in primarily against right-handed pitching.
The Yankees made two small waiver claims this month in Raul Valdez and Aaron Laffey. Pena would be a bigger waiver claim for the Yankees if they make the deal.
Yankees GM Brian Cashman told MLB.com's Bryan Hoch that he's not optimistic about making the deal, but things can change between now and 48 hours before the deadline for the deal.
Whether or not the Yankees get Pena remains to be seen, but if they can work out a deal to get Pena, it would be a good move to add depth to their offense.