PNC Bank, N.A. v. Willson
MOTION by Plaintiff PNC Bank, N.A. for judgment by Confession (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Affidavit)(Maragos, Nicholas)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
PNC BANK, NATIONAL ASSOCIATION,
successor to National City Bank,
THOMAS F. WILLSON,
Hon. Amy J. St. Eve
Hon. Mary M. Rowland
MOTION FOR ENTRY OF
EX PARTE JUDGMENT BY CONFESSION
NOW COMES the plaintiff, PNC Bank, National Association, successor to
National City Bank (“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 Thomas F. Willson (“Willson”). In support thereof,
PNC states as follows:
The above-captioned cause was filed on February 8, 2017 and is presently
pending before this Court.
PNC asserts in its Complaint a claim against Willson for breach of contract
arising out of a Promissory Note executed by Willson in favor of PNC in the original
principal amount of $262,000.00, amended by an Amendment to Loan Documents
executed by Willson in favor of PNC (as amended, the “Note”). True and accurate
copies of the original promissory note and Amendment to Loan Documents are
attached to the Complaint as Exhibits B and C, respectively, and incorporated by
The Illinois Code of Civil Procedure provides, in pertinent part:
[A]ny person for a debt bona fide due may confess judgment by himself
or herself or attorney duly authorized, without process. The application
to confess judgment shall be made . . . in the county in which one or
more of the defendants reside . . . .
735 ILCS 5/2-1301(c).
In pertinent part, the Note provides as follows:
[Willson] hereby empowers any attorney of any court of record, after
the occurrence of any Event of Default hereunder, to appear for
[Willson] and, with or without complaint filed, confess judgment, or a
series of judgments, against [Willson] in favor of [PNC] or any holder
hereof for the entire unpaid principal balance of the Note, all accrued
interest and all other amounts due hereunder, together with costs of
suit and attorneys’ fees, and for doing so, the Note or a copy verified by
affidavit shall be a sufficient warrant. [Willson] hereby forever waives
and releases all errors in said proceedings and all rights of appeal and
all relief from any and all appraisement, stay or exemption laws of any
state now in force or hereafter enacted.
(Complaint Ex. C at 2.)
PNC submits herewith as Exhibit A the Affidavit of Frank Kiernan, a Vice
President and Senior Asset Manager of the Asset Resolution Team of PNC,
verifying the Note and setting forth the amounts due under the Note.
PNC also submits herewith as Exhibit B a Confession executed by Wendy
Kaleta Gattone, a licensed Illinois attorney, on behalf of Willson, confessing
judgment against Willson pursuant to the express provisions of the Note.
WHEREFORE, plaintiff, PNC Bank, National Association, successor to
National City Bank, respectfully requests that this honorable court, pursuant to the
express confession of judgment provision of the Note along with the Confession
submitted herewith, (i) enter judgment by confession in favor of PNC and against
the defendant, Thomas F. Willson, on Count I of the Complaint; and (iii) grant such
further and additional relief as this court may deem just and proper.
/s/ Nicholas S. Maragos
One of the attorneys for plaintiff, PNC
Bank, National Association, successor
to National City Bank
Thomas J. Dillon (ARDC#3124223)
Nicholas S. Maragos (ARDC#6306503)
MCFADDEN & DILLON, P.C.
120 S. LaSalle Street, Suite 1335
Chicago, Illinois 60603
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