PLAINTIFFS' MOTION FOR JUDGMENT IN A SUM CERTAIN

JOAN HUMPHREY LEFKOW, Judge.

Plaintiffs, by and through their attorneys, DONALD D. SCHWARTZ, JAMES R. ANDERSON, PAUL M. EGAN, GRANT R. PIECHOCINSKI, and ARNOLD AND KADJAN, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, move this Court to enter Judgment in a Sum Certain against the Defendants on Count III of the Complaint. In support of their Motion, the Plaintiffs state as follows:

1. This is an action to recover delinquent fringe benefit fund contributions.

2. On September 24, 2014, Plaintiffs served the corporate Defendant by serving the State of Illinois, Secretary of State.

3. On November 4, 2014, the individual defendant, JOHN CICHY, was served with the Summons and Complaint.

4. More than twenty-one days have passed after service of process and the Defendant has not served an answer or any other responsive pleading. Defendant has not moved for an enlargement of time in which to answer or otherwise plead. The Defendant were defaulted by order of this Court dated December 18, 2014.

5. Defendants defaulted on the amount owed on their Installment note, which is the subject matter of the Complaint. According to the Affidavit of Sarah Radtke, attached hereto as Exhibit 1, the Defendants owe $16,234.40 as the unpaid balance owed on the installment note. There is no just reason for delay in the entry of a final judgment on this Count.

WHEREFORE, Plaintiffs pray that this Court grant the following relief:

A. Enter a final judgment, pursuant to Federal Rule of Civil Procedure 54(b) in favor of Plaintiffs and against the Defendants in the amount of $16,34.40, and expressly find that there is no just reason for delay in the entry of a final judgments on this Court. (A copy of a proposed order is attached hereto as Exhibit 2).

EXHIBIT 1

AFFIDAVIT OF SARAH RADTKE

SARAH RADTKE, upon being first duly sworn, on oath, deposes and states as follows:

1. I am an employee of Arnold and Kadjan and serve as its bookkeeper.

2. As part of my duties, I monitor the receipt of payments made by employers to the Plaintiffs, by employers who have made payments based on installment note payment plans with the Funds.

3. On or about January 24, 2014, Lakeside Restoration, by and through its president and owner, John Cichy, entered into a installment note payment plan to pay certain amounts due and owing to the Plaintiffs. John Cichy, individually, executed the Note as a co-maker. A copy of the note is attached as Exhibit A.

4. On or about February 1, 2015, Lakeside and Cichy defaulted on the note by failing to make the payment that was due because their payment was returned for non-sufficient funds.

5. Upon default, the balance of the note becomes immediately due and owing.

6. The balance owed on the defaulted installment note is $16.234.40, not including any attorneys' fees and/or court costs. See copy of ledged off payments received attached as Exhibit B.

5. I am competent to testify to the truth of the foregoing statements.

EXHIBIT A

INSTALLMENT NOTE

For Value Received, the undersigned promises to pay to the order of Chicago Painters and Decorators Welfare Fund the principal sum of Twenty-FiveThousand Seven Hundred Seventy-Two Dollars and 02/100 ($25,772.02) Dollars, payable in installments as follows:

One Thousand Dollars and 00/100 ($1,000.00) on the 1st day of each month beginning on the 1st day of February, 2014; One Thousand One Hundred Forty-Three Dollars and 10/100 ($1,143.10) on the 1st of each month beginning on the 1st day of March, 2014; and on the 1st of each month for twenty-two (22) months succeeding; and a final payment of One Thousand One Hundred Forty-Three Dollars and 10/100 ($1,143.10) on the 1st day of February, 2016, with interest on the balance of principal remaining from time to time unpaid at the rate of 10% per annum, payable on the due dates for installments of principal as aforesaid.

All payments on account of the indebtedness represented by this Note shall be applied first to accrued and unpaid interest and the remainder to principal. Any installments of principal not paid when due shall bear interest after maturity at the rate of 18% per annum. Payments of both principal and interest shall be delivered to Arnold and Kadjan, 203 N. LaSalle Street, Suite 1650, Chicago, Illinois 60601 or such other place as the legal holder hereof may from time to time in writing appoint.

At the election of the payee or legal holder hereof and without notice, the principal sum remaining unpaid hereon, together with accrued interest thereon, shall become at once due and payable at the place of payment aforesaid in case of default in the payment, when due, of any installment or principal or interest, or any portion thereof, in accordance with the terms hereof. Any failure to pay current fringe benefits as they become due shall constitute a default of this Note. in the event of default, the payee or legal holder hereof shall be entitled to reasonable costs of collection, including reasonable attorney's fees.

The undersigned hereby authorizes, irrevocably, any attorney of any Court of record to appear for the undersigned in such court, in term time or vacation, at any time after default in the payment of any installment of the principal hereof, and confess judgment without process in favor of the payee or holder of this Note for such amount as may appear to be unpaid thereon, together with reasonable costs of collection including reasonable attorney's fees, and to waive and release all errors which may intervene in any such proceedings, and consent to immediate execution upon such judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof. If this Note is signed by more than one person, the obligations and authorizations hereunder shall be joint and several. All parties hereto severally waive presentment for payment, notice of dishonor and protest.

The makers of this Note acknowledge the above indebtedness represents fringe benefit contributions and other costs and charges due and owing pursuant to applicable provisions of the employee Retirement Income Security Act, 29 U.S.C. 1145. For: February-December, 2013 reports, and liquidated damages

EXHIBIT B

EXHIBIT 2

JUDGMENT ORDER

This cause, coming to be heard upon Plaintiffs' Motion for Judgment in a Sum Certain, all parties having notice,

IT IS HEREBY ORDERED THAT:

Final judgment is entered in favor of Plaintiffs. Trustees of the Chicago Painters and Decorators Welfare Fund in the amount of $16,234.40 and against the Defendants John Cichy, individually and d/b/a Lakeside Restorations, Lake Side Restoration, Lakeside Marble Restorations, Lakeside Marble Restorations, Inc.; and Lakeside Marble Restorations, Inc., a corporation, on Count III of the Complaint. The judgment amount is limited to amounts owed for monthly contribution reports from January 2013 through December, 2013. The Court expressly finds that there is no just reason for delay in the entry of a final judgment on Count III.