May 15,2001

Attorne,y Code 91478

IN TIIE CIRCUIT COURT OF COOK COITNTY, TTT.INOIS

COI]NTY DEPARTMENT DOMESTIC RELATIONS DTUSION

INRETIIE MARRIAGE CUSTODY

_SIJPP0RTS-F:
ANTH0NY

W Petitioner' i No:
and

) )

i
)

e5 D rd 34

DIANE

fue

CALENDAR:57 Respondent. ) )

were giveo
and

2l

days

to respond to Petitioner's Sesond Paition to Quash Notice to Withhold Income

For Rule to Show Cause against Maxilnus and Agent for IDPA and forRule 137 Fees ("Second

Petition")-

2. 3.
fails

On May 2,2OOl, a Notice of Filing stating that a pleading entitled 'T.esponse to

Attorne,'ys Fees" was filed on behaf of said parties.

Paition forRule t37

Said pleading is an admission

ofall ofthe dletaions ofthe Second Petition in that it

to admit or deny the allcgarions of tbe Socond Petition in conformance with the requircrnents of

thelllinoisCodeof Civil Procedure. Itisstyledas aMemorandunin Op,positiontoPetilionforR.ute to Show Cause and For Rule 137 Attorneys Fees- It fails to cite any relerrant section of the Illinois
Civil Practice Law which providcs for a Menprandum in Opposition in lieu of an answer to the
pleading.

4.
5.

Section

25lO ofthe lllinois Civil PracticeLaw

requires tbat :m arxrner

xplicit admission or denial ofeach allegation."

Thc pleading filed on behalfoflPD,\ Maximus ind

Wanda*yr

fails to answer each

and

wery allegation set forth in the iecond paition. As slch tfte well plead al!4ations

ser

foah in

the Second Petition should stand as admitted.

6.
such

In the ahernativg the response is unverified in derogation of 735 ILCS 52-605. As

as prior pleadings in thrs matter are

it is improper

vaified.
prays as follows:

WHEREFORE the Petitioner, ANTHONY

DM

A. B. C. D.

That this Court enter judgment against the Illinois Department of Public Aid,
Maximus and Wanda "fts,c on the pleadings heretofore filed.
That this court set this matter for prove.up on the damages srstained by the Petitioner
herein.

In the alternative, that the unverified pleading be stricken as improperFor such other reliefas may be necessary and proper herein.

SHIMBERGand CROHN
9003 Lincolnwood

Evanston ILffizO3 (847\ 679-5s7s

Drive

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