More McHenry County Blog

BY-LAWS OF MC HENRY COUNTY REPUBLICAN CENTRAL COMMITTEE

We, the Committeemen of the Republican electors in the County of McHenry, in the state of Illinois, in order to more effectively give expression to the principles, purpose and function of the Republican Party, do hereby ordain, declare and establish these By-Laws for the Republican Party in McHenry County, Illinois.

ARTICLE I - NAME

The name of this County Central Committee shall be and is hereby known as the McHENRY COUNTY REPUBLICAN CENTRAL COMMITTEE.

The word “COMMITTEE” shall refer to the McHenry County Republican Central Committee. In these by-laws, the term “committeeman”, shall also mean “committeewoman”.

ARTICLE II - MEMBERSHIP, DUTIES

The membership of this COMMITTEE shall be the duly-elected, or appointed, Republican Precinct Committeemen in McHenry County.

The membership of this COMMITTEE shall perform such functions inherent to political organizations that are not inconsistent with the law, Precinct Committeemen shall serve as though elected at large, irrespective of any change that may be made in precinct boundaries.

In the organization and proceedings of the COMMITTEE each precinct committeeman shall have one vote for each Republican ballot cast in his or her precinct by the Primary Election at which he or she was elected or during the term in which he or she was appointed.

Within 30 days after the County Convention, each Township Chairman shall submit to the County Chairman, in writing, the names and contact information of candidates for appointment to fill any then existing precinct committeemen vacancies in such township precincts. The County Chairman shall appoint such submitted candidates as precinct committeemen and confirm such appointments within ten (10) days, or, within such time, shall provide the Township Chairman with written reasons for refusing or failing to do so, and requesting the township chairman to submit the names of substitute candidates within ten (10) days to fill such vacancies. If a Township Chairman fails to submit any names of candidates for appointment to fill precinct committeemen vacancies within the times herein provided, the County

Chairman shall fill such vacancies without any candidates submitted by the Township Chairman. All precincts shall be filled no later than 90 days prior to the date of the General Election.

The same process (outlined above) shall be used to fill any vacancies as a result of death, resignation or precinct non-residency of any committeeman, provided, however, that the process shall commence on the date such vacancy becomes known to the chairman of the Township in which such vacancy occurs.

ARTICLE III - OFFICERS DUTIES, ETC.

The officers of the COMMITTEE shall be Chairman, Vice-Chairman, Secretary and Treasurer, who shall be members of the COMMITTEE. The officers shall be elected at the County Convention, as hereinafter provided, in the County Seat of McHenry County. Each officer will be elected individually; no slate of officers will be permitted. It shall be the intent of the COMMITTEE to ensure the election of officers from as many townships as possible.

Officers will be limited to five (5) consecutive full terms in their respective positions. A break of at least one (1) term is required after five (5) consecutive terms. Should an officer be elected in mid-term to fill a vacant office, the partial term will not count as part of the five (5) consecutive terms.

The business and affairs of the COMMITTEE shall be managed/directed by an Executive Committee. This Executive Committee shall be comprised of the COMMITTEE Officers, the Appointed Vice Chairmen and Township Chairman from each township having ten (10) or more precincts and one committee member designated by the remaining townships. The Executive Committee shall hold regular monthly meetings. The Chairman shall be the presiding officer, the secretary shall keep minutes of its proceedings and report the same to the Committee at the meeting therefore held next after the proceedings shall have been taken.

A majority vote of the Executive Committee is required to approve any policy, action or expenditure of any funds. The voting members shall consist of the County Chairman, Vice-Chairman, Appointed Vice Chairmen, Secretary, Treasurer and Township Chairman members of the Executive Committee; no member of the Executive Committee shall have more than one vote. A motion receiving a tie vote does not pass and the motion dies.

The Executive Committee shall arrange for a general audit of the financial accounts of the COMMITTEE by a Certified Public Accountant covering the two year period preceding the last County Convention, with a written audit report thereof to be delivered to the Executive Committee and incumbent Treasurer within three (3) months of said County Convention.

In the event of the death, resignation or non-residency in the County, of the offices of the Vice-Chairman, Secretary or Treasurer, the members of the COMMITTEE shall elect from their membership a successor officer to serve the balance of the term of the office in which the vacancy occurs.

ARTICLE IV - CHAIRMAN, DUTIES

It shall be the duty of the Chairman to preside at all meetings, and supervise the business of the COMMITTEE, and he shall have all powers not inconsistent with the law.

The Chairman shall appoint the members of the following standing committees to serve during his or her term, and such special committees as he or she may from time to time establish in furtherance of the functions of the COMMITTEE. The Chairman shall be a member ex officio of all committees:

Legal: – compliance with statutes
Finance/Budget: – donors; candidates, state/federal sources
Campaign: – county, state, national; candidate coordination and election strategies, i.e., Voter Vault, etc.
Fundraising: – Golf Day, Lincoln Dinner Dance, etc.
Persons who are not precinct committeemen may be appointed to any standing committee or special committee.

ARTICLE V – APPOINTED VICE-CHAIRMAN

The Chairman shall appoint a Vice Chairman of Community Outreach and a Vice Chairman of Ways and Means by and with the advise and consent of the Executive Committee. The Appointed Vice Chairmen shall be voting members of the Executive Committee

ARTICLE VI – ELECTED VICE-CHAIRMAN, DUTIES

It shall be the duty of the elected Vice-Chairman, when called upon, to assist the Chairman in his duties, and to be available, under the direction of the Chairman, to assist other Committeemen in the performance of the functions of the COMMITTEE.

If the office of the Chairman becomes permanently vacant because of death, resignation or non-residency, or for any reason, the elected Vice-Chairman shall assume the duties of the Chairman for the unexpired balance of the Chairman’s term. If the Chairman vacates the chair during a meeting, or is absent, the chair shall be occupied during such time by the elected Vice-Chairman who shall preside over the meeting.

McHenry County Republican Central Committee By-Laws Dated 03/05/08 4

ARTICLE VII - SECRETARY, DUTIES

It shall be the duty of the Secretary to keep an accurate record of the business transacted by the COMMITTEE and Executive Committee at all of its meetings, which records shall be kept permanently in a minute book, which shall be the property of the COMMITTEE.

The Secretary shall be the custodian of all communications, documents, minute book, and all other records of every kind and nature, relating to the business of the COMMITTEE, and he or she shall be responsible for their safe delivery to the successor Secretary.

The Secretary shall, before the County Convention convenes, obtain from the County Clerk a list of the Committeemen elected, which shall include their addresses and the number of votes cast by Republican electors in their Precincts on the last Primary Day, which shall be made available, upon demand, to each Committeeman.

ARTICLE VIII - TREASURER, DUTIES

The Treasurer shall have the following powers and duties:
1. To keep and maintain, open to inspection by the Chairman and the members of the Executive Committee at all reasonable times, correct accounts and records of the funds, property and business transactions of the COMMITTEE, which shall include all matters required by law.
2. To have custody of the funds of the COMMITTEE and deposit the same in the name of the COMMITTEE with such depository as the Executive Committee may designate.
3. To see to the proper drafting of all checks, drafts and notes for the payment of money as required by the business of the Committee and to sign instruments with the Chairman.
4. To disburse funds for proper expenses as the Treasurer may be ordered by the Executive Committee or Chairman.
5. To keep the records and file the statements and reports required by the Illinois Disclosure of Campaign Contributions and Expenditures Act.
6. To present to all members of the COMMITTEE a complete treasurer’s report at all regular meetings or upon request of the membership.

ARTICLE IX - STAFF, DUTIES

The Executive Committee may appoint an Executive Director and other staff subject to the direction of the Executive Committee.

McHenry County Republican Central Committee By-Laws Dated 03/05/08 5

ARTICLE X – DISTRICT CHAIRMAN

A Chairman shall be elected by a majority vote of the Precinct Committeemen from a County Board District. The District Chairman shall convene meetings as needed to resolve issues and recommend direction to their respective County Board representatives.

ARTICLE XI – MEETINGS

In calendar years of the primary election, regular meetings of the Committee shall be held at 7:00 P.M. on the third (3rd) Thursday of the next month following the month of the primary election and on each third (3rd) Thursday of each month thereafter until and including the third (3rd) Thursday of November.

In non-primary calendar years, regular meetings of the COMMITTEE shall be held at 7:00 P.M. on the third (3rd) Thursday of February, April, July and October.

The location or locations of the COMMITTEE meetings shall be determined by the Executive Committee.

An annual notice of meeting places shall be mailed to the Precinct Committeemen.
Special meetings of the COMMITTEE may be called by the Chairman, or by not less than twenty-five percent (25%) of the members of the COMMITTEE, by mailing notice in writing to each Precinct Committeeman at least ten (10) days in advance of such meeting, and designating the time, place and the nature of the business to be transacted at such special meetings.

A quorum of any regular or special meeting of Precinct Committeemen shall consist of forty percent (40%) of the COMMITTEE.

ARTICLE XII - PROCEDURE

The meetings shall be governed by Robert’s Rules of Order, except as may be provided by law, and the general order of business shall be:

Call to Order
Pledge of Allegiance
Roll Call
Guest Speaker
Open Forum
Treasurer’s Report
Approval of Minutes
Committee Reports
New Business
Chairman’s Report
Any and all other business
Adjournment
McHenry County Republican Central Committee By-Laws Dated 03/05/08 6

ARTICLE XIII - GENERAL POWERS

The COMMITTEE shall have such other, further and different powers as may be provided by law, for the performance of its functions in relation to the best interests of the Republican Party in the State of Illinois and the United States of America.

The COMMITTEE, when it considers it necessary to more truly express the wishes and protect the best interests of its Republican electorate, may adopt resolutions extending and/or limiting the power and authority of its officers, committees, or its appointed delegates in convention or any other meeting authorized by law, in performance of its functions of furthering the best interests of the Republican Party.

ARTICLE XIV –ENDORSEMENTS OF REPUBLICAN CANDIDATES IN
PRIMARY ELECTIONS

It is in the best interest of the COMMITTEE that those serving on the Executive Committee, as a body, and members thereof, individually be discouraged from publicly endorsing any candidate for nomination in a Republican primary election where such nomination is being contested.

Therefore, no member of the Executive Committee individually, may use their position on the Executive Committee or leadership position within the COMMITTEE to make an endorsement of any Republican candidate during a contested Republican primary election.

In any communication with any news media, the members of the Executive Committee shall inform such news media that no statement made by such member may be taken as an endorsement of any contested primary candidate, or to imply such an endorsement reflects the opinion of the Executive Committee or the COMMITTEE.

Furthermore, the COMMITTEE expressly prohibits the name of the COMMITTEE to be used in any way by any contested Republican candidate for nomination, implying an endorsement of such candidate.

Should the Executive Committee unanimously agree that an endorsement of a particular Republican candidate would be in the best interest of the McHenry County Central Committee, a special meeting will be called following the rules set forth in ARTICLE X.

Committeemen present will vote on the endorsement. Each Precinct Committeeman shall have one vote for each ballot voted in his or her precinct in the previous primary election. The recommended candidate must receive the votes of 3/4 of the Republican votes cast in the previous primary election to become the endorsed candidate of the COMMITTEE.

This provision does not inhibit any individual Township in McHenry County from endorsing Republican Candidates in accordance with the by-laws of that Township.
McHenry County Republican Central Committee By-Laws Dated 03/05/08 7

ARTICLE XV- PRECINCT CAPTAINS

Each committeeman may appoint a Precinct Captain or Captains in his or her respective precinct. Precinct Captains shall enjoy all rights and privileges of Committeemen except they shall have no voting power on the COMMITTEE.

ARTICLE XVI – VACANCIES OF ELECTED OFFICIALS OTHER THAN PRECINCT COMMITTEEMEN

The County Chairman shall fill any vacancy in the nomination of any elective office with the name of a candidate selected by a Nomination Convention of the Precinct Committeemen of the appropriate election district in which such vacancy occurs, provided, however, there is sufficient time after said Convention to comply with the statutory filing requirements. The Chairman shall call such Convention promptly after he or she becomes aware of such vacancy, by giving written notice to all Precinct Committeemen of such election district.

Candidates seeking such nomination may furnish the Convention attendees/delegates with a written resume (statement of candidacy) and may address the assembled Convention.

The Precinct Committeemen shall have one vote for each ballot voted in his or her precinct by the primary electors at the primary at which he was elected or during the term in which he or she was appointed.

The candidate receiving a majority weighted vote shall be the nominee to fill the vacancy.

ARTICLE XVII - CONSTRUCTION OF BY-LAWS

Nothing in these By-Laws shall be construed as being in conflict with the Law, and they shall at all times be liberally construed for the best interest of the Republican Party in McHenry County, Illinois.
Amendments to these by-laws shall be approved by a weighted vote of the Precinct Committeemen present. Amendments must be presented in writing to the Precinct Committeemen at least thirty (30) but no more than forty-five (45) days prior to the meeting at which the vote on the amendment is to be taken

REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Now Comes the Plaintiff, Fr. Thomas Vitro, By and through his attorney Robert T.

Hanlon with his Reply in Support of his Motion for Summary Judgment and states as follows:

Introduction:

Defendants entire reply (unsupported by Affidavit) is fraught with numerous problems.

Most notably a lack of veracity. Specifically, the Defendant alleges that there are several omissions in Plaintiff’s motion which are not true. Specifically, Defendant claims the Motion for Summary Judgment was not supported by Affidavit. It was and a copy of the Motion for Summary Judgment is attached hereto as Exhibit A, see last two pages – Affidavit of Fr. Vitro.

Defendant further complains that the motion does not set forth the uncontested facts. This too is false. See paragraphs 11 and 12 of Plaintiff’s Motion for Summary Judgment. Defendant’s arguments are without any merit.

Defendant attempts to cloud the issues in this case by setting forth an argument related to an intended third party beneficiary type claim arising under the Marital Settlement Agreement.

However, this complaint does not arise from the MSA, rather it sounds in the contract executed by Defendant agreeing to repay Plaintiff $150,000.00 plus interest at prime plus 1%. Plaintiff points to the evidence (sworn statements under oath, subject to cross-examination and subsequent acknowledgement of the debt) as indicia the existence of the existing contract and the amount actually lent to the Defendant by the Plaintiff pursuant to the contract arising under the note by and between the Plaintiff and the Defendant. Plaintiff does not seek a remedy as an intended third party beneficiary of the Marital Settlement Agreement. Rather, the Marital Settlement Agreement and the prove-up thereof are evidence of the contract and Defendant’s liability under the contract as well as a basis for Judicial Estoppels and Collateral Estoppel.  [Emphasis added.]

There is no genuine issue of material fact. The undisputed Facts in Support of Motion forSummary Judgment are as follows:

1) Defendant delivered to Thomas Vitro a Note for $150,000.00. See Affidavit ofThomas Vitro in ¶ 7 and Exhibit A to the Motion for Summary Judgment.

2) Thomas Vitro loaned to the Defendant $150,000.00. See Affidavit of Thomas Vitro in

¶ 3 and MSA and Prove-up testimony from Defendant’s divorce case.

3) Defendant acknowledged the Debt in a judicial proceeding. See prove-up and Marital Settlement Agreement.

4) Defendant made periodic payments on the note. See Affidavit of Thomas Vitro.

5) The Note has not been paid and has an outstanding balance of $171,594.10, as of the Date of Father Vitro’s affidavit. Id.

6) Defendant came into court and acknowledged the debt to Father Vitro in the amount of $150,000. See Marital Settlement Agreement and Prove-up document.

Within Section II of the Defendant’s response, entitled “MATERIAL FACTS ARE AT ISSUE” defendant argues that the following facts are at issue: 1) who signed the note, 2)whether the alleged note has been paid and 3) whether the defendant is in breach. See page 5 of Defendant’s Response.

Addressing each of these allegations from Section II in turn, first, Defendant has acknowledged the debt in open court and any claim that it is not her debt is nothing more than a delay tactic. The claim does not require proof of the person who signed the note. Moreover no affidavit has been asserted claiming that the Defendant did not sign the note. Additionally, Thomas Vitro’s affidavit shows that the Defendant delivered the note to him. Thus Fr. Vitro met his burden and the Defendant failed to meet her burden. Whether the Defendant delivered a copy or the original is of no consequence because the defendant tendered the note to Fr. Vitro and later acknowledged the debt.

Second, Thomas Vitro provided his affidavit that demonstrates that he received periodic payments and then has not been paid on the note and the balance due as of the date of his affidavit was $171,594.10. There is no contrary affidavit, nothing to suggest that the note has been paid. Thus, there is no genuine issue of material fact only claim unsupported by fact and Third, the breach is established by non-payment of the Note which is reflected in the affidavit of Thomas Vitro. Hence, the entire position of the Defendant with respect to the breach of contract claim is at best a red herring, at worst the claim was interposed for purposes of delay.

Counsel of the Defendant was present in open court and represented her in her divorce action where Defendant represented that the debt was a real debt owed by her to Fr. Vitro. Fr. Vitro has offered his affidavit which supports the position that he lent the money, was delivered the note, and was not paid. No contrary evidence was advanced by Defendant.


Attorney Hanlon’s 137 Warning

Prior to filing of the Response to Plaintiff’s Motion for Summary Judgment, Attorney Hanlon sent to Attorney Wakeman an e-mail which is attached hereto and incorporated herein as Exhibit B. Within Exhibit B is the following paragraph:

I would also like to inform you that I believe the Answer filed with the court is not only contrary to fact it is inconsistent with your client’s representation to the Court in her divorce case. Prove up attached.
That combined with her written admissions in the written record there as well as a copy of the prove-up where your client has admitted to owing the money to Fr. Vitro all militate to her falsely pleading in this case in violation of Rule 137. This is a fairly straightforward case and I find it unfortunate that your client is taking the positions that she is in light of the vast wealth of the family and her prior sworn statements.

I have attached them and I cordially ask that you have your client file an amended answer or answer the amended complaint truthfully. It appears to me the answer to Mr. Cuda’s draft was interposed merely
as a delay tactic and was verified with the full knowledge of the nature of the claim against her, its still a lie to say you lack sufficient information when there is an abundance of documents that has her
admitting otherwise. As such, I believe absent your amendment to the answer by then, that sanctions will be in order.

There has been no response from Ms. Wakeman to the e-mail attached as Exhibit C.

However, the interposition of the allegations in the response were nothing more than an attempt to interfer with the rights of the Plaintiff and to unnecessarily cause delay in this case. Plaintiff
will address this matter in a subsequent motion for sanctions.

THE LAW OF JUDICIAL ESTOPPEL AND COLLATERAL ESTOPPEL.

Defendant mistakenly claims that the marital settlement agreement and prove-up documents were introduced for the purpose of claiming a contract claim under a theory of a third party beneficiary. This, the Defendant is most surly incorrect about. Plaintiff clearly seeks enforcement of his contract with Ms. Sanflippo as a direct obligation, not under some perverted theory as a third party beneficiary claim. Fr. Vitro brought suit on a contract instrument attached to the complaint. Fr. Vitro seeks enforcement of the contract. While it is true that Fr. Vitro’s pleadings incorporate the evidence of the contract being the Marital Settlement Agreement and the Divorce Prove-up documents, these documents support the existence of the contract and support Plaintiff’s claims under the contract as shown below.

The doctrine of judicial estoppel “promote[s] the truth and * * * protect [s] the integrity of the court system by preventing litigants from deliberately shifting positions to suit the exigencies of the moment.” Bidani v. Lewis, 285 Ill.App.3d 545, 550 (1996). Judicial estoppel is “flexible” but five elements are “generally necessary”: “(1) the two positions must be taken by the sameparty; (2) the positions must be taken in judicial proceedings; (3) the positions must be given under oath; (4) the party must have successfully maintained the first position and received some benefit; and (5) the two positions must be totally inconsistent.” Id. “Judicial estoppel applies to statements of fact and not to legal opinions or conclusions.” Maniez v. Citibank, F.S.B., 404 Ill.App.3d 941, 949 (2010). See also: Moy v. Ng, 371 Ill.App.3d 957, 962 (2007) and Giannini v. Kumho Tire U.S.A., Inc. 385 Ill.App.3d 1013, 898 N.E.2d 1095 Ill.App. 2 Dist.,2008, Boelkes v. Harlem Consol. School Dist. No. 122, 363 Ill.App.3d 551, 842 N.E.2d 790 Ill.App. 2 Dist.,2006.

The doctrine of judicial estoppel rests upon public policy which upholds the sanctity of the oath and its purpose is to bar as evidence statements and declarations which would be contrary to sworn testimony the party has given in the same or previous judicial proceedings. Id.

In this case, the Defendant seeks to invalidate the claim of the existence of the debt to Fr.Vitro claiming that a genuine issue of fact exists with respect to the signature on the note, whether or not the note has been paid and whether or not there was a breach. It is clear that the elements of judicial estoppels have been met in this case. This is because of the following points:
A) The position taken here is taken by the same person, Lisa Ann Sanflippo (F.K.A.Lisa Ann Evon);

B) the statements made by Lisa Sanflippo were made in judicial proceedings,

C) the statements were under oath (prove-up incorporating MSA, and 11.02 Statement); D)the Defendant successfully maintained that position and received her divorce decree and MSA from the Court, and

E) the two positions taken by the Defendant are totally inconsistent. It is implausible that the Defendant can walk into this Court and claim that she has a debt to Fr.Vitro and then turn around and claim that she owes no debt in a separate proceeding to collect that debt. The inconsistencies between claiming a debt and then asserting a defect in the debt is totally inconsistent warranting the invocation of the doctrine of Judicial Estoppel. Although, Defendant provides absolutely no evidence to support that the note upon which the Plaintiff claims has a defect. The Defendant offered no evidence in support of the proposition that the she either did not sign or that she paid the note. Had she offered such evidence, it would still be inadmissible under the doctrine of Judicial Estoppel and the authority cited above. Nevertheless, Defendant makes no such assertion.

Collateral estoppel, an equitable doctrine, applies “when the issue decided in the prior adjudication is identical with the one presented in the current action, there was a final judgment on the merits in the prior adjudication, and the party against whom estoppel is asserted was a party to, or in privity with a party to, the prior adjudication.” Du Page Forklift Service, Inc. v. Material Handling Services, Inc., 195 Ill.2d 71, 81 (2001). Collateral estoppel “may generally apply to prior determinations of law.” Id. at 80.

Here, the Court determined Defendant’s debts in the divorce proceeding ostensibly because Defendant indicated the debt to Fr. Vitro was in fact her debt. If the debt was not due and owning, she could have asserted that position in the separate case of Evon v Evon. Nevertheless, Lisa Ann Sanflippo, F.K.A. Lisa Ann Evon failed to assert any claim that the debt was not her debt. Rather, she breached the contractual obligations and waited for Fr. Vitro to assert his claims in this action to now allege that somehow she does not owe the debt. It is too late for Defendant to play these continued games. It is time for this Court to order Lisa Ann Sanflippo to pay the priest (Fr. Thomas Vitro) whom lent her $150,000 plus interest and costs of collection including his attorney fees.

NO GENUINE ISSUE OF MATERIAL FACT

The law does not require that there be no issues of fact, rather the law requires that there be no “Genuine” issues of material fact. Summary judgment is appropriate if the pleadings, depositions, and admissions on file show there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2–1005(c).

The burden of proof and the initial burden of production in a motion for summary judgment lie with the movant. Kajima Construction Services, Inc. v. St. Paul Fire & Marine Insurance Co., 227 Ill.2d 102, 106, 316 Ill.Dec. 238, 879 N.E.2d 305, 308 (2007); see 735 ILCS5/2–1005 (Where the facts could lead a fair-minded person to draw more than one conclusion or inference, summary judgment must be denied.” (Internal quotation marks omitted.) Evans v. Brown, 399 Ill.App.3d 238, 243, 339 Ill.Dec. 144, 925 N.E.2d 1265, 1271 (2010). If the defendant raises an affirmative defense and establishes his factual position with supporting documents, the Plaintiff must present a factual basis arguably entitling him to a judgment. Id. at 244, 339 Ill.Dec. 144, 925 N.E.2d at 1271.

In this case, Plaintiff established the following facts that entitle him to judgment:


1) Defendant delivered to Thomas Vitro a Note for $150,000.00. See Affidavit of Thomas Vitro in ¶ 7 and Exhibit A to the Motion for Summary Judgment.

2) Thomas Vitro loaned to the Defendant $150,000.00. See Affidavit of Thomas Vitro in ¶ 3 and MSA and Prove-up testimony from Defendant’s divorce case.

3) Defendant acknowledged the Debt in a judicial proceeding. See prove-up and Marital Settlement Agreement.

4) Defendant made periodic payments on the note. See Affidavit of Thomas Vitro.

5) The Note has not been paid and has an outstanding balance of $171,594.10, as of the Date of Father Vitro’s affidavit. Id.

6) Defendant came into court and acknowledged the debt to Father Vitro in the amount of $150,000. See Marital Settlement Agreement and Prove-up document.

Wherefore, the Plaintiff prays that this court grant him summary judgment as there is no Genuine Issue of Material Fact that would create a bar to entry of judgment in this cause.

Respectfully submitted,

By:_____________________________ Robert Hanlon