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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

_____________, a Wisconsin Corporation, )


)
Plaintiff, )
)
v. ) NO.
)
an Illinois )
Corporation
)
)
Defendant. )

AFFIDAVIT OF ATTORNEY IN SUPPORT OF DEFENDANTS’ 2-1401


MOTION TO VACATE DEFAULT JUDGMENT AND FOR LEAVE TO FILE
COUNSEL’S SUBSTITUTE APPEARANCE

The former attorney of record for Defendant, having been duly sworn and under oath,
states as follows:

1. I am an attorney licensed to practice law in the state of Illinois, who filed an


appearance on behalf of Defendant in the above referenced case on _________.

2. Defendant has a meritorious defense to this lawsuit, therefore, I also filed an


answer and an affirmative defense on behalf or Defendant on __________

3. Counsel for the plaintiff, West Bend Mutual Insurance Company wrote to me
asking if my client wanted to explore settlement. However, before settlement
discussions occurred, I withdrew from the case and did so on
______________with leave of court. I later learned that after their trial by
ambush, ie. default, they refused to discuss re-auditing as promised or discuss
settlement with new counsel.

4. Before my withdrawal, I did not speak with the President and Owner the
Company, to inform her personally of the case status, of my motion to withdraw,
nor the order allowing me to withdraw in this case.

5. My sole involvement with this case was through an old friend, who had been
trying to get West Bend Insurance to conduct a re-audit and review an alleged
premium owed as promised before they filed their lawsuit against their former
client the Company. (See complaint with attached)

6. Recently, I was contacted by new counsel for the Defendant seeking copies of the
file and information on behalf of the owner and President the Defendants’

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business account, had been frozen due to a large judgment, and a citation to
discover assets in a case I had previously been handling for the Defendant.

7. I did not provide or give direct notice to the Company or the president that I was
withdrawing from this case.

8. I had only advised the friend and thought that he would relay that information to
the company owner and president on my behalf.

9. I realize now that the friend did not advise the corporation, or the owner/President
of my withdrawal and of the need for new corporate counsel to appear by a date
certain.

10. If I had known he would not advise the President of the case status and my
withdrawal, I would have spoken with her directly and advised her that I was
withdrawing from the case and that she needed new counsel as well.

11. I believe that the Defendant has a very good and meritorious defense in this case
and an injustice would occur if they were not allowed to present their defenses in
court.

_____________________________
_
Attorney ________________

Signed and Sworn to before me this ___ day of ___________, 2010.

__________________________
Notary Public