Professional Documents
Culture Documents
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Plaintiff,
v.
ARTUR BELLINGER,
ADRIENNE BELLINGER,
Defendants.
No. 00 M1 734509
NOTICE OF MOTION
TO:
Sherwin M. Winer
205 West Randolph, Suite 1240
Chicago, IL 60606
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No. 00 M1 734509
1.
and detainer and caused the Clerk of the Court to issue a summons against Defendant to be
served upon her.
2.
Section of the Circuit Court of Cook County on or about October 28, 2000, Artur Ballinger is
prohibited from residing with Defendant Adrienne Ballinger.
Ballinger, Exh. A, at 2.
3.
made (1) by leaving a copy thereof with the defendant personally, [or] (2) by leaving a
copy at the defendant's usual place of abode, with some person of the family or a person
residing there, of the age of 13 years or upwards, and informing that person of the
contents of the summons, provided the officer or other person making service shall also
send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to
the defendant at his or her usual place of abode, ..." 735 ILCS 5/2-203(a) (1998).
Illinois law also provides that, if the plaintiff is unable to obtain personal service on the
defendant, then the plaintiff, his or her agent or attorney may file an affidavit stating that
the defendant . . . . on due inquiry cannot be found . . . . 735 ILCS 5/9-107 (1998).
4.
the Sheriff's deputy did not effect service on Adrienne Ballinger personally pursuant to
5/2-203(a)(1), or through constructive service pursuant to 5/9-107 (1998). See Exh. A
at 3. Adrienne Ballinger has never received notice of this action by personal service or
by mail. Id.
6.
Defendant first learned about this action on about January 26, 2001
when the Plaintiff told her that the Sheriff would be coming out to evict her. See Exh. A
at 5.
7.
as true and is sufficient to support quashing service and setting aside any default
judgment entered against her in this case. Nibco Inc. v. Johnson, 98 Ill. 2d 166, 173, 456
N.E.2d 120 (1983); Four Lakes Management and Development Co. v. Brown, 129 Ill.
App. 3d 680, 683-84, 472 N.E.2d 1199 (2nd Dist. 1984).
8.
Defendant Adrienne Ballinger, the service of process must be quashed and any defaults or
ex parte judgments entered against Defendant Adrienne Ballinger are void. See, e.g., Dec
and Aque v. Manning, 248 Ill. App. 3d 341, 618 N.E.2d 367 (1st Dist. 1993), cert. denied,
153 Ill. 2d 558, 624 N.E.2d 805 (1993); Bank of Ravenswood v. King, 70 Ill. App. 3d
908, 912, 388 N.E.2d 998, 1001 (1st Dist. 1979), quoting Illinois Valley Bank v. Newman,
351 Ill. 380, 383, 184 N.E. 636, 637 (1933) (A party claiming the benefit of a decree
upon constructive service must show a strict compliance with every requirement of the
statute, and nothing else will invest the court with jurisdiction or give validity to a decree
when the same is called into question in a direct proceeding.)
WHEREFORE, Defendant Adrienne Ballinger respectfully requests that this
Court enter an order:
A.
B.
Setting aside and vacating any default orders and ex parte judgments
________________________________________
Attorney for Defendant, Adrienne Ballinger
Vivian R. Hessel
Legal Assistance Foundation of Metropolitan Chicago
111 West Jackson, 3rd Floor
Chicago, IL 60604
312/341-1070
Atty. No. 91017
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No. 00 M1 734509