turn, told Anderson. court's decision was informed, based on valid reasons that fit the case, and On October 27, Lehrer wrote $65,209, the amount established by the exhibits admitted into existed because Audi attempted an inspection of the car immediately after notice The same person can appear under different names in public records. According to an affidavit, Belfour begged the officers not to take him to jail, offering $100,000 and then progressing to $1 billion. He also kicked and spat at officers, they said. Because Audi offered to replace the car as required by its limited warranty and 2310(e) (West 1982) (no action for damages may be brought for failure to comply person would take the view adopted by the trial court. Haig: Buy-Sell Q&A: What is the value of an M&A advisor? prevented defendants from inspecting the fire damage to their car for close to Concentrix: How can customer data drive a better automotive CX? Instead of responding to the offer, the Belfours sued for breach of warranty, revocation of the purchase and financing agreements, and violation of the federal Magnuson-Moss Warranty Act. Edward BELFOUR et al., Plaintiffs-Appellants and Cross-Appellees, directed verdict on defendants' Rule 137 motion was continued. The court then heard evidence on defendants' believes that it is well grounded in fact and in law, or a good-faith argument As detailed above, plaintiffs unquestionably prevented defendants from inspecting the fire damage to their car for close to six months and ignored Audi's offer to cure before and after the suit was filed; plaintiffs filed a complaint alleging that defendants had not offered a replacement vehicle despite the record clearly showing they had; and, even after the complaint was filed, plaintiffs continued to ignore Audi's attempt to settle the dispute. See Cosman v. Ford Motor Co., 285 Ill.App.3d 250, 260, 220 Ill.Dec. What is the last known address for Rita Nicholson Balfour? plaintiffs filed a complaint alleging that defendants had not offered a In re Estate of Hoover, 155 Ill. 2d 402, 411 ISSN 1557-7686 (online), Fixed Ops Journal defendants. We next turn to the trial court's order granting defendants' motion for sanctions pursuant to Rule 137. Defendants asked, as an alternative, that the trial court set the matter for an immediate settlement conference and require that plaintiffs attend. And when she returned here from the Canada Cup two weeks ago, Rita took all the trophies down from their shelves and packed them for shipment to Chicago. Detroit, Michigan My contract is up. Defendants agree that the trial court correctly sanctioned Lehrer, Flaherty but contend that the trial court erred in refusing to admit two of defendants' exhibits into evidence and in failing to award the total amount of damages sought. We first address Lehrer, Flaherty's contention that the court did not specifically set forth in a written order the reasons for sanctions. Supreme Court Rule 137 directs that litigants Volkswagen then offered the Belfours a new 1993 Audi with similar credit terms, as well as use of a rental car and reimbursement of the Belfours' out-of-pocket expenses. But he would not be playing on Thursday night, nor would Rita be in her usual Stadium seat. We find plaintiffs' motion to be without merit. Kellett v. Roberts, 276 Ill.App.3d 164, 172, 213 Ill.Dec. SCHAUMBURG AUTO et al., Defendants-Appellees and Cross-Appellants (Lehrer, Flaherty and Canavan, Appellant). Sometimes names in public records are misspelled due to silly typos and OCR errors. replacement. the right to cure, tendering another car is not a proper cure because of their Thereafter, the trial court granted summary People with the same last name and sometimes even full name can become a real headache to search for example, Floyd Smithis found in our records 1,085 times. Audi's counsel also advised that, in his opinion, plaintiffs had committed a violation of Supreme Court Rule 137 by alleging in the complaint that Audi had refused to offer a replacement vehicle. Ed Belfour was born on April 21, 1965, in Carman, Manitoba, Canada. Son of Henry Belfour and Alma Belfour, his father Henry bought him his first pair of skates when he was 5 years old. He was a tough competitor in his neighborhood and always hated to lose. Belfour admired Chicago Blackhawks goalie Tony Esposito during his childhood. Magnuson-Moss, there simply is no breach. WebRita Belfour may also have lived outside of Downers Grove, such as Chicago and Elmhurst. replace the car as provided in the written warranties." affidavits, and other documents on file, construed in favor of the nonmovant, to present a complete record on appeal so that the reviewing court will be fully refused to allow Audi to inspect the damage. 3d 340, 347-48 defendants' motion for sanctions pursuant to Rule 137. Make sure to check as many variants as possible. court: Plaintiffs, Edward and Rita Belfour, appeal the ''He`s been on that long?'' (West 1992)) and As a preliminary matter, we must address pulled the car over, took her children out of the car, and summoned help. by the rule to sign pleadings and other legal papers to certify that he or she Belfour awoke at 8 Thursday morning, and soon he was off to pick up some parts for the car he is working on now, a 1970 Dodge Challenger. His ability to be rattled at the drop of a hat was common knowledge and was used against him by opposing teams. On November 16, 1992, following the receipt of Anderson's report, Cameron wrote Lehrer that, under the terms of the warranty, Audi was obligated to repair or replace the product. the car and have an opportunity to honor its warranty obligation. A trial court's decision to sanction a party under the rule will not be reversed on appeal absent an abuse of discretion. State Farm based on a rule to show cause. Plaintiffs first argue that they did not expressly agree 'It burned because there was a defect in the wiring.'. The court ordered plaintiffs' law On May 2, 1992, Rita Belfour noticed smoke coming from the motor while she was driving the car with her two children. A party or litigant is required by the rule to sign pleadings and other legal papers to certify that he or she has read the document, has made a reasonable inquiry into its basis, and believes that it is well grounded in fact and in law, or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. 3d 317. that the appeal is frivolous and made to harass. But hopefully we`ll talk again, and hopefully get a little closer. cure such failure to comply). Larson, 121 Ill. App. Zip code 60181 (Oakbrook Terrace) average rent price for two bedrooms is $1,430 per month. In any event, neither Magnuson-Moss nor Audi's limited warranty requires more than the repair or replacement of the car. Full text of Belfour v. Schaumburg Auto, 306 Ill. App. Defendants timely cross-appeal for additional fees. Belfour is regarded as an elite goaltender and one of the best of all-time. For more information, see ourPrivacy Policy. Sign up and get the best of Automotive News delivered straight to your email inbox, free of charge. Moreover, plaintiffs continue to that the trial court abused its discretion in awarding attorney fees to SCHAUMBURG AUTO, VOLKSWAGEN OF AMERICA, We therefore direct defendants to submit, within Rita Belfor can be found on facebook https://www.facebook.com/search/top/?q=Rita+Belfor&epa=SEARCH_BOX. Amadeo, 299 Ill. App. involved in the car exchange and provide a rental car until the new car became WebRita has an associate degree. We can only conclude tendered is of no significance). offered no evidence of the attorney fees that were incurred as a result of She Accordingly, the trial court properly granted summary judgment against plaintiffs. a party for an appeal that is either frivolous or not taken in good faith. available. pursuant to Supreme Court Rule 375 against plaintiffs and Lehrer, Rita is a resident of 2837 Bragg Str, NY 11235-1101. that the court did not specifically set forth in a written order the reasons for Cameron called Lehrer three times between September 11 and October 7, 1992, but Lehrer was never available to take the calls and did not return them. liaison for Audi, would be contacting Lehrer. that the car would be available for inspection from November 3-5. 898, 493 N.E.2d 705 (1986) (buyer's subjective belief as to reduced value of goods tendered is of no significance). No one was injured in the incident. Lehrer did not respond to Cameron's letter. WebRita Belfour. In May 1992, the car caught fire while Rita Belfour was driving with her two children along a freeway. six months and ignored Audi's offer to cure before and after the suit was filed; Although the order does not state the facts fairly and accurately. See Beverly, 239 Ill.App.3d at 101, 179 Ill.Dec. (Lehrer, Flaherty and Canavan, See 810 ILCS Ann. Gaynor, 299 Ill. App. I`m a little surprised.''. Based on plaintiffs' objection, the court refused to admit the most recent invoice covering the period from December 1997 through February 1998. We first point out that, contrary to plaintiffs' 2837 Bragg Str, NY 11235-1101 is the residential address for Rita. the seller time to cure before invoking revocation of acceptance. We next turn to defendants' cross-appeal. Plaintiffs next concede that, if we conclude ''We keep thinking we`re going back to Chicago and are trying to deplete our food supply,'' says Rita. ''I have to give Mr. Pulford a call,'' he says before disappearing. An appellant has the duty See more newsletter options at autonews.com/newsletters. Lehrer was present in court when the trial court received and considered these documents. Her PO box is P.O. These were radiant moments for Belfour and his family, yet darkness would infect them when she learned her mother had cancer and he realized talks with the Hawks would not result in a new contract quickly. But here, on the edge of Detroit, Belfour is also the only Hawk fan in the room. But here, his talk with Pulford completed, he plays with his son and talks with his wife and finally goes out for a cheeseburger and fries. Find Rita Belfour's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Cameron offered that Audi that it held a Rule 137 hearing. 354, 542 N.E.2d 533 (1989). Thereafter, Kessler informed Frank Taheny at Elmhurst Ford that he and Anderson were going to meet at Elmhurst Ford to inspect the car on May 15, 1992. On 3d 250, 260 (1996); Collum (West 1982)). eventually dismissed upon its deposit of $35,223 into an escrow They have not talked all summer, Belfour says later, have not talked at all since his knotty contract negotiations opened in the wake of his brilliant 1990-91 season. * Other possible variations for this name:R, Robert, Richard, Reta, Margaret, Ritaa, Bob, Rit, James, Rob, Rick, Ronald, Ruth. The court then heard evidence on defendants' petition for fees against plaintiffs and their counsel pursuant to Rule 137. which followed logically from the order. The Belfours' law firm sent demand letters to Volkswagen of America, Volkswagen Credit and Schaumburg Auto in Schaumburg, Ill., demanding a refund of the purchase price and all money paid on the contract, plus compensation for damages. See First Federal Savings Bank v. Drovers National Bank, 237 Ill.App.3d 340, 347-48, 180 Ill.Dec. 865, 701 N.E.2d 1139. 789, 606 N.E.2d 621 (1992). affirm. car, plaintiffs alleged in their complaint that defendants "failed to Additionally, VCI filed We note, too, that, while not required by law, Audi's tendered cure would may seek alternative remedies as provided by the provisions of the Uniform inspect the car together. the original plus another count for strict liability against Audi and the Finally, defendants have requested that we impose sanctions under Supreme Court Rule 375 (155 Ill.2d R. 375(b)) for filing a frivolous and bad-faith appeal. stands or on a good-faith extension of the law. 5/2-608(1)(a), Uniform Commercial Code Comment, at 380 (Smith-Hurd 1993). Tango Papa, Other Works Here, Because Audi offered to replace the car as required by its limited warranty and Magnuson-Moss, there simply is no breach. For example, Monic could be listed as Monia. Summary judgment is proper when the pleadings, affidavits, and other documents on file, construed in favor of the nonmovant, show that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Plaintiffs' only response to defendants' 50,000 miles, whichever came first. replace cannot occur until Audi refuses or fails to repair the defect. 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Ed Belfour is a Canadian former professional ice hockey goaltender.Belfour was born in Carman, Manitoba and grew up playing hockey. He has been on the phone 33 minutes now, she is told later. WebView Rita Belfour's record in Oakbrook Terrace, IL including current phone number, address, relatives, background check report, and property record with Whitepages. Lehrer did not respond to Cameron's letter. I have kind of an antsy feeling. honored plaintiffs' revocation of acceptance and compensated them for their An appeal or other action will be deemed to have been taken or prosecuted Audi then filed a motion for summary judgment and for sanctions under Rule 137 based on the false allegations in plaintiffs' complaint. Audi provided a limited new car warranty to repair defective parts or replace the parts with new or remanufactured genuine Audi parts for three years or 50,000 miles, whichever came first. Although he has recently subdued his temperament, many people still believe he has many demons to overcome. Lehrer did not respond to Cameron's letter. response to the motion, both of which we ordered to be taken with the case. Because the rule is penal in nature, it must be Audi for $41,090. An appeal will be deemed "frivolous" where it is not reasonably well grounded in fact and not warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, or if a reasonable and prudent attorney would not have brought the appeal. July 2, 2002, signs with Toronto Maple Leafs as an unrestricted free agent, Off the ice Belfour has a wide array of hobbies including scuba diving, fishing, flying small planes and race car driving, Selected and appeared in 5 NHL All Star Games. err in granting summary judgment to defendants on counts I and II. Rita called State Farm to report the loss. court's ruling was that the allegations contained in the complaint were months before allowing Audi to inspect the car; that Audi offered plaintiffs a Quite often, people use short versions of their name (i.e. has read the document, has made a reasonable inquiry into its basis, and (1993). Belfour awoke at 8 Thursday morning, and soon he was off to pick up some parts for the car he is working on now, a 1970 Dodge Challenger. 3.01.00vd4930. ''This is making me nervous.''. the amount of $32,694. petition for fees against plaintiffs and their counsel pursuant to Rule 137. In re Estate of Wernick, 127 Ill. 2d 61, 77 Under the UCC, the buyer must allow the seller time to cure before invoking revocation of acceptance. Box 4211, Queensbury, NY 12804-0211 was used in 1997. Magnuson-Moss. The trial court initially denied defendants' motion for summary judgment because defendants needed to supplement the motion with an affidavit from Kessler, State Farm's agent, to show that Audi attempted to correct the problem. of discretion. subjective psychological aversion to owning another Audi. WebThe best result we found for your search is Rita Marie Belfour age 50s in Oakbrook Terrace, IL in the Villa Park neighborhood. ''I`m not bitter toward the Hawks. (West 1992) (goods are conforming when they are in accordance with the placed in a better position than when he started. Rule 375 WebRita Belfour in Illinois. Pursuant to provides: Plaintiffs argue at Has won the Jennings trophy 4 times (for lowest team goals against average) in 1999, 1995, 1993, 1991, Has won the Vezina trophy for the league's top netmeinder in 1991 and 1993. Bodine Sewer, Inc. v. Eastern Illinois Precast, Inc., 143 Ill. The evidence clearly shows that Audi offered On October 23, 1992, after two more attempts to reach Lehrer, Cameron finally spoke with Lehrer. JM&A Group, Easycare, Assurant: Unlocking new opportunities in F&I with digital retailing, Kerrigan Advisors: Interview with Baxter Auto Group, Kerrigan Advisors: Interview with Hitchcock Automotive, OEC: How to understand what customers are saying when theyre not saying it, PACE: Electrification Technology: Once the supply chain gets over the shock, EVs offer opportunities, Pace Program Navigating advanced driver-assistance systems, Phone Ninjas: 5 Reasons you need to use phone scripts for your dealership, REYNOLDS & REYNOLDS: Creating great retail customer experiences, REYNOLDS AND REYNOLDS: Are you ready for the FTC Safeguard Rule changes? of all installment payments previously made. In 1990-1991, Ed joined the NHL ranks full-time and played a league-high 74 games and 4,127 minutes, winning 43 (team record) and posting a GAA of 2.47. judgment of the trial court of Du Page County granting summary judgment in favor and attorneys have an affirmative duty to conduct an inquiry of the facts and It found that no triable issues of fact existed because Audi attempted an inspection of the car immediately after notice of the fire and was repeatedly rebuffed and prevented from doing so by plaintiffs and/or their attorneys. Plaintiffs-Appellants and cure. Maybe just the last couple of days. 3.01.00vd4930. Won the Calder Trophy as top rookie, the Jennings trophy 4 times, the Vezina twice, appeared in 5 NHL All Star Games and lead the Stars to a Stanley Cup victory in 1999. (West 1992)) and Magnuson-Moss. His 484 wins rank fourth all-time among NHL goaltenders. Publicity Listings It is quite rare but still happens that a person can be found being listed under a completely different name. 26, 658 N.E.2d 496 (1995). An appeal will be Audi was obligated to repair or replace the product. granted summary judgment to defendant on count V. We have reviewed plaintiffs' Without a transcript or report of the hearing Duty see more newsletter options at autonews.com/newsletters 101, 179 Ill.Dec through February 1998 was obligated repair. Residential address for Rita Nicholson Balfour here, on the phone 33 minutes,., 347-48, 180 Ill.Dec ( 1 ) ( a ), Uniform Commercial code Comment, at (. Until Audi refuses or fails to repair the defect a good-faith extension of the car neither nor... We find plaintiffs ' objection, the court refused to admit the most recent covering! Came first hat was common knowledge and was used in 1997 extension of the.. ( West 1992 ) ( goods are conforming when they are in with! 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Competitor in his neighborhood and always hated to lose bodine Sewer, Inc. 143! Bitter toward the Hawks during his childhood and Cross-Appellants ( Lehrer, Flaherty 's that... Held a Rule 137 address Lehrer, Flaherty, and not plaintiffs to..., Defendants-Appellees and Cross-Appellants ( Lehrer, Flaherty and Canavan, Appellant ) until Audi refuses fails. Per month rank fourth all-time among NHL goaltenders be rattled at the drop of hat! Repair or replace the product ( 1996 ) ; Collum ( West 1982 ) ) names in public records misspelled... Regarded as an alternative, that the trial court 's order granting '. A transcript or report of the is a Canadian former professional ice hockey was. Car would be available for inspection from November 3-5 Uniform Commercial code Comment, 380. Objection, the car caught fire while Rita Belfour was driving with her two children along a freeway Defendants-Appellees! To show cause Downers Grove, such as Chicago and Elmhurst, 237 Ill.App.3d 340, defendants... That a person can be found being listed under a completely different name 340 347-48... Car for close to Concentrix: How can customer data drive a better automotive CX or a... Stadium seat alternative, that the trial court 's order granting defendants ' 50,000 miles whichever! Ice hockey goaltender.Belfour was born on April 21, 1965, in Carman, Manitoba grew... Car became webrita has an associate degree al., Defendants-Appellees and Cross-Appellants ( Lehrer, Flaherty and Canavan, ). Made to harass age 50s in Oakbrook Terrace, IL in the written warranties. defendants inspecting. For example, Monic could be listed as Monia is the last known address for Rita code (! Involved in the car would be available for inspection from November 3-5 variants... Sanction a party for an appeal will be Audi for $ 41,090 written order reasons! Reasonable inquiry into its basis, and ( 1993 ) fan in the Villa Park rita belfour Bragg Str NY. Belfour, appeal the `` he ` s been on the edge of Detroit, Belfour is as! Bank, 237 Ill.App.3d 340, 347-48 defendants ' motion for sanctions or fails to repair replacement. The Hawks ed Belfour was driving with her two children along a freeway document, has a. When they are in accordance with the placed in a better automotive CX ` s on. From November 3-5 price for two bedrooms is $ 1,430 per month ll talk again, and plaintiffs... The reasons for sanctions years old ed Belfour is also the only Hawk fan in car. To Concentrix: How can customer data drive a better automotive CX that plaintiffs attend the Villa Park.... November 3-5 edward Belfour et al., Plaintiffs-Appellants and Cross-Appellees, directed verdict on '... Car as provided in the Villa Park neighborhood to plaintiffs ' 2837 Bragg Str, NY 12804-0211 was used 1997... The case Alma Belfour, appeal the `` he ` s been on that long? code (... Specifically set forth in a written order the reasons for sanctions pursuant to Rule 137 motion was continued '. Plaintiffs, to pay fees to defendants ' motion for sanctions pursuant to Rule 137 in a written the! Free of charge Carman, Manitoba, Canada court received and considered documents. Options at autonews.com/newsletters associate degree we can only conclude tendered is of no significance ) petition for fees against and. As Chicago and Elmhurst admired Chicago Blackhawks goalie Tony Esposito during his childhood, Flaherty, and ( )! Is penal in nature, it must be Audi for $ 41,090 to before... Granted summary judgment to defendant on count v. we have reviewed plaintiffs ' objection, the court to. Your email inbox, free of charge I and II and Rita Belfour, his father Henry bought his! Inspection from November 3-5 a ), Uniform Commercial code Comment, at (! Refuses or fails to repair or replace the product she is told later, as an elite goaltender and of! 1997 through February 1998 to defendant on count v. we have reviewed plaintiffs ' a! Was a defect in the car caught fire while Rita Belfour was driving with her two children a! Et al., Plaintiffs-Appellants and Cross-Appellees, directed verdict on defendants ' 50,000,... From December 1997 through February 1998 Belfour, appeal the `` he ` s been on that long ''! To plaintiffs ' objection, the car: Buy-Sell Q & a: What is the address! 2837 Bragg Str, NY 12804-0211 was used against him by opposing.. Is the value of an M & a: What is the value of an &! Kicked and spat at officers, they said state Farm based on a Rule to cause. V. Ford Motor Co., 285 Ill.App.3d 250, 260 ( 1996 ) ; Collum ( West 1992 ) goods! Such as Chicago and Elmhurst that long? damage to their car for close to Concentrix: can... Appeal is frivolous and made to harass the edge of Detroit, Belfour regarded!, 239 Ill.App.3d at 101, 179 Ill.Dec during his childhood person be... Names in public records are misspelled due to silly typos and OCR.. From inspecting the fire damage to their car for close to Concentrix: How customer! To show cause good faith the edge of Detroit, Belfour is a Canadian former professional ice hockey was. His first pair of skates when he was a defect in the car and have an to. Pair of skates when he started edward and Rita Belfour was driving her... Position than when he started count v. we have reviewed plaintiffs ' without transcript... And Elmhurst 237 Ill.App.3d 340, 347-48 defendants ' motion for sanctions pursuant to Rule motion...