May 15,2001 Attorne,y Code 91478IN TIIE CIRCUIT COURT OF COOK COITNTY, TTT.INOIS

COI]NTY DEPARTMENT DOMESTIC RELATIONS DTUSION

INRETIIE MARRIAGE CUSTODY )_SIJPP0RTS-F:

- )

ANTH0NY W€ iand

Petitioner' i No: e5 D rd 34)

DIANE fue ) CALENDAR:57Respondent. )

were giveo 2l days to respond to Petitioner's Sesond Paition to Quash Notice to Withhold Income

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

Petition")-

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

Paition forRule t37 Attorne,'ys Fees" was filed on behaf of said parties.

3. Said pleading is an admission ofall ofthe dletaions ofthe Second Petition in that it

fails 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. Section 25lO ofthe lllinois Civil PracticeLaw requires tbat :m arxrner

€xplicit admission or denial ofeach allegation."

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

such it is improper as prior pleadings in thrs matter are vaified.

WHEREFORE the Petitioner, ANTHONY DM prays as follows:

A. That this Court enter judgment against the Illinois Department of Public Aid,

Maximus and Wanda "fts,c on the pleadings heretofore filed.

B. That this court set this matter for prove.up on the damages srstained by the Petitioner

herein.

C. In the alternative, that the unverified pleading be stricken as improper-

D. For such other reliefas may be necessary and proper herein.

SHIMBERGand CROHN9003 Lincolnwood DriveEvanston ILffizO3(847\ 679-5s7s

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