First Suburban National Bank v. Forsgren et al

Filing 5

MOTION by Plaintiff First Suburban National Bank for judgment by Confession (Attachments: # 1 Exhibit Promissory Note, # 2 Exhibit Affidavit of Thomas A. Gehrke, Jr., # 3 Exhibit Confession)(Dillon, Thomas)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION FTRST SUBURBAN NATIONAL BANK, Plaintiff, v. KEITH C. JANET M. FORSGREN and FORSGREN, Defendants. Judge Matthew Kennelly Mag. Judge Keys Case No. 09 CV 8024

Amount Claimed: $78,836.10 plus interest, costs and attorneys fees

AFFIDAVIT OF THOMAS A. GEHRKE, JR. I, Thomas A. Gehrke, Jr., 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 President and Chief Executive Officer and duly

authorized representative of First Suburban National Bank "FSNB", the plaintiff in the above-captioned cause, and I am duly

authorized to make this affidavit on behalf of FSNB. 2. Pursuant to my duties as President and Chief Executive I have personal knowledge of the matters related

Officer of FSNB,

to the loan transaction between FSNB and the defendants, Keith C. Forsgren and Janet M. Forsgren "Defendants", and the documents

maintained in the ordinary course of business of FSNB relative to the transaction as further set forth in this Affidavit. I have

reviewed the allegations of the Complaint filed on behalf of FSNB in the above-captioned cause and they are true.

3. of the

Attached hereto as Exhibit 1 is a true and correct copy Promissory amount and Note of jointly dated April 7, 2009 in by of the original

principal

$200,000.00 and

executed in

defendants, FSNB the

individually "Note" 4.

severally,

favor

Notwithstanding Defendants'

obligations arising out of

the Note Defendants have defaulted and failed and refused to pay FSNB pursuant to the terms and provisions of the Note. 5. As a result of the aforesaid breach by Defendants of

their obligations to FSNB under the Note, as of December 28, there is due and owing to FSNB from Defendants on

2009,

the Note the

following amounts: Principal: Interest: TOTAL AMOUNT DUE:

$ $

78,836.10 5,728.94 84,565.04

Interest will continue to accrue at the per diem rate of $55.44. A true and correct copy of FSNB' s payoff the "Payoff" for the

Note prepared in the regular course of business of FSNB is attached hereto and made a part hereof as Exhibit 2. 6. In addition to the foregoing, Defendants agreed to

reimburse FSNB for attorneys'

fees and related costs incurred by See, Exhibit As of the fees in

FSNB in enforcing its rights arising out of the Note. 1, Note, Page 2, of this heading "ATTORNEYS' Affidavit FSNB has FEES; EXPENSES".

filing

incurred

attorneys

2

connection with this matter in the amount of $1,500.00 and court cosrs in the amount of $350.00. 7. 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 If

business records of FSNB which are attached hereto as exhibits.

called as a witness I could and would testify competently thereto.

3

12/28/2009

13:4@

7a8-450-41s0

MAVLCOD

PA

@5/as

FURTHER AFFIANT SAYTH NOT.

Thomas A. Gehzice,J Jr., President and Chief Executive Suburban Officer, First National Bank Subscribed and sworn to before me this o?3' day of tkaniber , 2009

iL,x4AWJ
cFFCiS!M.
-

r---1

Notwy pimc S of Iuino MycommIson ExpITfl OCt15 2012

lic

4