3303 CCG N003-150M-2/27/04 (3335092)

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

MARK WILK
v. No. 10 CH 23086

THADDEUS WILK; et al.

NOTICE OF MOTION
T ~ :Mr. Thomas J. Tartaglia - Attorney at Law
78 19 W. LAWRENCE AVE.
NORRIDGE, ILLINOIS 60706

on February 08 201 1 , at 9:30 AM A.

p.m. or as soon thereafter as counsel

may be heard, I shall appear before the Honorable WILLIAM MAK1 or any Judge sitting in that

Judge's stead, in the courtroom usually occupied by himlher, located at Court Room 2302
Richard J. Daley Center, 50 W. Washington, Chicago ,Illinois, and present
the attached Motion to Continue Pursuant to Chancery Proceedings Rule 7.2

PROOF O F SERVICE BY DELIVERY

1, ,the attorneylnon attorney* certify that on the day of

(*strike one)

, I served this notice by delivering a copy personally to each person to whom it is directed.

Date ,

PROOF O F SERVICE BY MAIL

I, MUdX WILK ,the attorney/non#ftorney* certify that I served this notice by mailing
(*strike one)

a copy to Mr. Thomas J. Tartaglia - Attorney at Law at 7819 W. Lawrence Ave., NORRIDGE, IL.60706
(address on envelope)

and depositing the same in the U. S. Mail at Chicago Post Office, Chicago, E-60601
@laceof mailing)
a.m.
at appr0x 4:00 p p on the 28 day of January , 201 I ,with proper postage prepaid.

[ X I Under ~enaltiesas ~rovidedby 735 ILCS 511-109 the simed n,t, -

person certifies that the statements setforth herein are true and correct.
&I?
SignaturelCertiHcation
7007 3410 ODD1 9956 2 8 9 5
PI

NOTE: If more than one person is served by delivery or mail, additional proof of service may be made by attaching an additional sheet to this
Notice of Motion.
 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION

Mark Wilk 1
1
Plaintiff, 1
v. 1
1
Thaddeus Wilk et al., 1 No. 10 CH 23086 / 10 M3 001296
1
Defendant (s). 1

MOTION TO CONTINUE MATTER PURSUANT TO CHANCERY PROCEEDINGS

RULE 7.2 - Rules of the Circuit Court of Cook County

Plaintiff, Mark Wilk, hereby moves to continue the matters set for hearing before the

Court on February 08,201 1 by the Defendant (s). In support of his motion to continue, Plaintiff

hereby states as follows:

1

1. On January 24,201 1, Plaintiff received by mail @ostmarked 1-21-2011) from the

defendant (s) attorney the attached letter and pleadings. Attached hereto and made part

hereof as Exhibit "A" is the letter, Notice and pleadings received.

2. Within Exhibit "A" is a letter dated January 19,2010 and faxed on January 19,2011 to

Mr. Thomas Tartaglia from Matthew Doetsch of the "THE DOETSCH TEAM" of

Glenview, Illinois. The statement within the letter states "He refused to make an

appointment" is totally false. On January 14,2011, January 20,201 1 and on January 27,

201 1, Plaintiff stopped over to the Office to talk to Mr. Matthew Doetsch personally

regarding the property in question.

3. On January 14,2011, Plaintiff asked Mr. Matthew Doetsch if a listing has been signed for

the sale of the property and he stated "No". That he is doing a "preliminary77CMA

(Comprehensive Market Analysis) of the property. And that Mr. Thomas Tartaglia is

the one who contacted him regarding the property and he is dealing with him directly.

Plaintiff provided a copy of the "Market Analysis Report" by Real Estate Broker

Catherine M. Foley that he received from the Mr. Thomas Tartaglia on or about

September 19,2010. Matthew Doetsch thanked him for the copy.

4. On January 27,201 1, plaintiff stoPped over the Offce of Matthew Doetsch in Glenview

1
and showed him a copy of his lett r of January 19,2011 and asked him if it was his

signature. He answered that it was,. Also, asked was whether a listing for sale has been
I

signed and he stated "No". That he sent a copy of the CMA to the attorney. I asked him

for a copy of the CMA report. And Matthew Doetsch stated that he would have to get the

approval of the attorney.

it
5. Plaintiff needs to continue the ma er in order to prepare a comprehensive written

response with supporting documehts and affidavit to the matter set for hearing on

February 08,201 1.
WHEREFORE, the undersigned Plaintiff needs to continue the set matter of February 08 till

March 07,201 1 to prepare and file responsive pleadings, documents and affidavits. And to

provide a file stamped courtesy copy to thk Court within 10 business days of set hearing.

Respectfully submitted,

Dated 1-28-2011

Mark Wilk - Atty #: 99500

337 E. Norman Ln.
Wheeling, IL.60090-4525
630-202-1798
Andrew P. Maggio Jr. 7819 W. Lawrence Ave.
Thomas J. Tartaglia I Norridge, Illinois 60706
1 Tel: (708) 453-7700
Fax: (708) 453-7702

Mr. Mark Wilk

337 E. Norman Lane
Wheeling, IL 60090-4525

Re: Wilk v. Wilk 10 M3 12961 10 CH 23086

Dear Mr. Wilk:

I am enclosing a notice and petition for rule to show for your failure to abide by the
settlement agreement.

I will gladly withdraw if you cooperate by the court date otherwise I will have no
s and costs for the petition be assessed against

Barbara Wilk
3303 CCE W003-B5OP
-
IN THE CLRQ7UIT
. * COURT OF COOK COUNTY, ILLINON
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THADEUS W L K et b ~
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TO: MARK WILK

337 E. NORMAN LAVE
WHEELING, fL 68090-4525

0.:0 2 0 1 1 , , 4:30 AM a.m. 33.as snoo tkerrsfter as ~~ilr:seL

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-, Illinois, and present

ATTACHED MOTION

PROOF OF SERVICE BY DELIVERY

1, ,the attorneyhon attorneye certify that on the d q of

Cskrikeone)

3- li sewed this notice by delivering a copy personally to each person to whom It Is clirect~d.

PROOF OF SERVICZ BY MAIL

1, THE UNDERSIGNED ,the att&eylnon attorney* certify that i served this notice by mailing
('strike om)

a copy to ABOVE PERSON at ABOVE ADDRESS

(eddresr an ewclope)

and depositing the same in the U. S. ail at. 7819 W. LAWIW'JCE AVE., NORRIDGE, IL 60706 .-
(place ofmailing)
a m
at 5 :00PM p.m. an the dayofJANUARY ,201 ,with proper postage pzqlaid.

-
If mare than. one person is served by delivery 's~lrvicemay be made by attaching an additional sheet to&
Notice of Motion.

DOROTHY BROW, CLERK OF TfIE CFCUIT COURT OF COOK COUNTY, ILLINOIS

 IN THE CIRCUIT COURT OF COOK COUNTY, ELl!NOIS
COUNTY DEPARTMENT, CHANCERY DIVISION

MARK WZK: \P

1
Plaintiff, ) CASE NO. 10 CH 23086
1
vs. ) csnsl. 10 M3 0012961
1
THADDEUS WLK,BETTY L,WLK, 1
ROBERT W K AND IRENE WILK 1
DECEASED OWNERS, )
UNKNOWN OWNERS AND NONRECORD)
CLAIMANTS ?
1
Defendants. 1

PETITION FOR RULE TO SHOW CAUSE OR IN THE

AETEIRNATIVE DEFENDANTS MOTION TO ENFORCE SETTLEMENT
AGREEMENT

NOW COMES the Defendants, ThaddeusWilk, Betty Wilk and Barbara Wilk by and
through their attorneys, MAGGlO & TARTAGLIA, and for their Petition for Rule to
Show Cause or in the alternative to enforce the settlement agreement states as follows:

On December 7,2010 the parties herein attended mediation with CCR and entered
into a mediation settlement agreement resolving the controversy pending before
this court. A wpy of the Mediation Settlement Agreement attached hereto m d
made a part hereof as Exhibit "A".
- -
That on December 17,2010 this court enteTed m order dismissing the case as we!;
as the case number I 0 M3 0012961. Under the terms of the order, this court
retained jurisdiction to enforce the tenns of the settlement agreement. A copy of
the court order is attached hereto and made a part hereof as Exhibit "B"

Pursuant to the terms of the settlement agreement Mark Wilk is to allow the
insurance agent and realtor access to the real estate.

Plaintiff Mark Wilk co~timesto refuse access to the insurance agert and on
January 13,201 1 infanned Matthew Daestch of Doestch Realty that he refuses to
make an appointment with the realtor. Attached hereto and made a part hereof as
 Exhibit "C"is the letter from Plaintiff to Matthew Doestch and Matthew D~estch
to Thomas Tartaglia, attorney for Defendants.

WHEREFORE, your Defendants, Thaddeus Wilk, Beety Wilk and Barbara Wilk,
pray that the court issue an order or rule requiring the Plaintiff,Mark Wilk to show cause,
if any he has, why he shouM not be held in contempt of court and punished for failure to
comply with said judgment, for reasonable attorney fees, and for such other and further
relief as may be just.

#I 2623
Thomas J. Tartaglia
MAGGIO & TARTAGLIA
Attorney for Defendants
78 19 W. Lawrence Ave.
Norridge, IL 60706
708-453-7700
 the phembes t h e SD matbxsisl c[in8rOver&yhave
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Nme: THOMAS.-j.TAR'FAGU
AFay. Bob? I x 3 - E N D r n S I
ENTER
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DBRO'JI'MTBROW,62l.IERK OF THE C COURT O F COOK C O W , It LLllVOS -

 Jan Doetsch
Office: 847-510-5013

Comments:
Dear Tom,

?iEsletter is in reference lo 337 East Nt

i\Nc- co~mctedA4arIc mlk 1=!; week, he
house,
appoincmeni t~ view the home and do our
:. Tiid again w make contact Tuesday, kfi
I
 I
qx s copy which purported to be M S
s i w e