MOTION FOR ENTRY OF EX PARTE JUDGMENT BY CONFESSION

GERALDINE BROWN, Magistrate Judge.

NOW COMES the plaintiff, PNC Bank, National Association, successor to National City Bank of Michigan/Illinois ("PNC"), by and through its attorneys, Thomas J. Dillon, Nicholas S. Maragos, and McFadden & Dillon, P.C., and moves for entry of ex parte judgment by confession against Market Square Restaurant, Inc., formerly known as Uncle Tom's, Inc. ("Market Square"), and Sam Pappas ("Mr. Pappas") (together, the "Defendants"). In support thereof, PNC states as follows:

1. The above-captioned cause was filed on September 4, 2015 and is presently pending before this Court.

2. PNC asserts in its Complaint (i) a claim against Market Square for breach of contract arising out of a Small Business Equity Line of Credit Agreement executed on or about June 2, 2003 by Mr. Pappas and Sylvia Pappas, as President and Secretary of Market Square, respectively, in favor of PNC with an available credit limit of $115,000.00 (the "Agreement"), and (ii) a claim against Sam Pappas for breach of contract arising out of a Guaranty of Payment — Waiver of Rights executed on or about June 2, 2003 by Mr. Pappas in favor of PNC (the "Guaranty"). A true and accurate copy of the document encompassing both the Agreement and the Guaranty is attached to the Complaint as Exhibit B and is incorporated herein by reference.

3. The Illinois Code of Civil Procedure provides, in pertinent part:

735 ILCS 5/2-1301(c).

4. In pertinent part, the Agreement expressly provides as follows:

(Complaint Ex. B at 6.)

5. In pertinent part, the Guaranty provides as follows:

(Id.)

6. PNC submits herewith as Exhibit A the Affidavit of Arlene Foster, a Vice President of PNC Bank, verifying the Agreement and the Guaranty and setting forth the amounts due under the Agreement and the Guaranty.

7. PNC also submits herewith as Exhibit B a Confession executed by Wendy Kaleta Gattone, a licensed Illinois attorney, on behalf of the Defendants, confessing Judgment against the Defendants pursuant to the express provisions of the Agreement and Guaranty authorizing same.

WHEREFORE, plaintiff, PNC Bank, National Association, successor to National City Bank of Michigan/Illinois, respectfully requests that this Honorable Court, pursuant to the express confession of judgment provisions of the Agreement and Guaranty along with the Confession submitted herewith, (i) enter judgment by confession in favor of PNC and against the defendant, Market Square Restaurant, Inc., on Count I of the Complaint; (ii) enter judgment by confession in favor of PNC and against the defendant, Sam Pappas, on Count II of the Complaint; and (iii) grant such further and additional relief as this Court may deem just and proper.

Exhibit A

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

AFFIDAVIT

I, Arlene Foster, being first duly sworn, depose and upon my oath state that if called to testify in these proceedings, I would testify as follows:

1. I am the Vice President of the Commercial Banking — Asset Resolution Team of PNC Bank, National Association, successor in interest to National City Bank of Michigan/Illinois ("PNC"), I am a duly authorized representative of PNC, the plaintiff in the above-captioned cause, and I am duly authorized to make this affidavit on behalf of PNC.

2. Pursuant to my duties as an officer of PNC, I have personal knowledge of the matters related to the loan transaction between PNC and the defendants, Market Square Restaurant, Inc. ("Market Square") and Sam Pappas ("Mr. Pappas") (together, the "Defendants"), and the documents maintained in the ordinary course of business of PNC relative to the transaction as further set forth in this Affidavit. I have reviewed the allegations of the Complaint for Confession filed on behalf of PNC in the above-captioned cause and they are true.

3. PNC Bank is a national banking association, the main office of which is located in the State of Pennsylvania, and organized under the laws of the State of Delaware. On November 6, 2009, the Comptroller of Currency certified the merger of National City Bank and PNC Bank. A true and correct copy of the Certificate detailing the bank succession is attached to the Complaint as Exhibit A and is incorporated herein by reference.

4. A true and correct copy of the Small Business Equity Line of Credit Agreement dated June 2, 2003 with an available credit limit of $115,000.00, executed by Mr. Pappas, as President of Market Square, and Sylvia Pappas, as Secretary of Market Square, in favor of PNC (the "Agreement") is attached to the Complaint as Exhibit B and incorporated herein by reference.

5. A true and correct copy of the Guaranty of Payment — Waiver of Rights, executed by Sam Pappas on June 2, 2003 in favor of PNC and jointly and severally guarantying the prompt payment of Market Square's indebtedness to PNC evidenced by and arising under the Agreement (the "Guaranty"), is attached to the Complaint as the last page of Exhibit B and incorporated herein by reference.

6. Market Square is and has been in default under the terms and conditions of the Agreement as a result of its failure to make payments required by the Agreement in a timely manner.

7. By virtue of Market Square's failure to pay its indebtedness to PNC as stated above, Mr. Pappas is liable to PNC for payment of the entire balance due under the Agreement. Mr. Pappas has failed and refused to pay the amounts due and owing to PNC under the Agreement, so Mr. Pappas is and has been in default under the terms and conditions of the Guaranty.

8. As a result of the aforesaid defaults by Market Square and Mr. Pappas of their obligations to PNC under the Agreement, as of September 2, 2015 there is due and owing to PNC from Market Square and Mr. Pappas the following:

A true and correct copy of PNC's payoff (the "Payoff) for the Agreement, prepared in the regular course of business of PNC, is attached hereto and made a part hereof as Exhibit 1.

9. In addition to the foregoing, Market Square and Mr. Pappas agreed to reimburse PNC for attorneys' fees and related costs incurred by PNC in enforcing its rights arising out of the Agreement and the Guaranty. As of the filing of this Affidavit, PNC has incurred attorneys' fees in connection with this matter in the amount of $2,500.00.

10. The matters set forth in this affidavit are true in substance and in fact and are based upon my own personal knowledge thereof and upon my review and reliance upon of the relevant business records of PNC, which are attached hereto as exhibits. If called as a witness I could and would testify competently thereto.

FURTHER AFFIANT SAYETH NOT.

Exhibit 1

Exhibit B

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

CONFESSION

Defendants, Market Square Restaurant, Inc. and Sam Pappas, jointly and severally, by their attorney, Wendy Kaleta Gattone, Esq., waive service of process and confess that there is due to plaintiff, PNC Bank, National Association, successor to National City of Michigan/Illinois, under the Credit Agreement and Guaranty at issue in the above-captioned cause, the following amounts as of September 2, 2015:

Defendants, Market Square Restaurant, Inc. and Sam Pappas, agree that judgment may be entered against them, jointly and severally, for the total set forth above and for costs and attorneys' fees and hereby release and waive all rights as authorized in the Warranty of Attorney and the Waiver of Rights set forth in the Credit Agreement and Guaranty.