Levaccare v. Levaccare

              No. 1-06-1224 FIRST DIVISION
Filed: 9-17-07
ANGELA LEVACCARE, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee and Cross-Appellant, ) Cook County.
)
v. )
)
RALPH LEVACCARE, Individually and as Trustee )
of the Mary Marotta Levaccare Trust, Dated August 21, )
1991, RALPH LEVACCARE, as Custodian for ) No. 03 CH 18897
Matthew C. Levaccare under the Illinois Uniform )
Transfers to Minors Act, RALPH LEVACCARE, as )
Custodian for Lauren M. Levaccare and as Custodian )
for Lauren M. Levaccare under the Illinois Uniform )
Transfers to Minors Act, JUDITH LEVACCARE and )
CHRISTOPHER LEVACCARE, ) Honorable
) Julia M. Nowicki,
Defendants-Appellants and Cross-Appellees. ) Judge Presiding.
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
Angela Levaccare filed a complaint in the circuit court of Cook County alleging that her
brother, Ralph Levaccare, diverted to himself, his wife, and children, millions of dollars that her
mother (Mary M. Levaccare) intended to give to her. Among other things, Angela alleged that
Ralph (1) caused approximately $900,000 worth of checks to be written for his and his own
family’s benefit from his mother’s account while she was terminally ill, and (2) caused title to a
three-story residential building, in which Angela lived, to be transferred to himself by means of
fraud and/or forgery.
On July 22, 2004, the trial court suspended pleadings pending settlement negotiations
between Ralph and Angela. On September 13, 2004, the parties engaged in settlement