Download - Chancery Complaint 10-Ch-23086 w Exhibit A
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION
Mark Wilk,
Plaintiff,
v.
Thaddeus Wilk; Betty L. Wik; Barbara Wilk; ) Robert Wilk and Irene Wilk deceased Owners; ) ;!
Unknown Owners; and Non Record Claimants or ) Buyers (Contract for Deed), 1
Defendants. )
) Return Date: June 30,2010
COMPLAINT TO QUIET TITLE AND FOR OTHER RELIEF
Plaintiff, Mark Wilk, hereby files this Complaint to Quiet Title and for Other Relief,,and " -
alleges in support thereof as follows.
INTRODUCTION . .
1. By this action to quiet title, Plaintiff seeks a declaration that he has possessor$ ; .. . *
interests to the residential property by virtue of inheritance, that the purported quit claim deed3
Thaddeus Wilk which purported to convey title to the property from Robert Wilk and Irene Wilk is
void ab initio because it was a product of fraud in the factum (therefore title remains in the previous
grantors and subsequent inheritance by heirs to the property), and that all subsequent conveyances,
and buyers (contract for deed) or subsequently executed and purportedly encumbering the property
are void. Plaintiff seeks entry of an order declaring avoid the transfer of purported title allegedly
effected by the purported deed to Thaddeus Wilk and declare void subsequent claims or title by
Unknown Owners, Non Record Claimants or Buyers (Contract for Deed). Additionally, Plaintiff
seeks costs and damages for the wronghl conduct of the Defendants Thaddeus Wilk and Betty L.
Wilk as set forth below.
JURISDICTION AND VENUE
2. The Court has jurisdiction over the parties and the subject matter. All parties
necessary to the determination of this cause have been duly joined as defendants.
3. Venue is proper pursuant to 735 ILCS 5/2-103(b), because the real estate that is the
subject of this complaint is situated in Cook County.
PARTIES
4. Plaintiff, Mark Wilk ("Mark") is an individual and has possessory interests to the
Property and is a heir to his Parent's property. Plaintiff presently resides at and is in actual
possession and occupancy at 337 E. Norman Lane, Wheeling, Cook County, Illinois.
5. Defendant, Thaddeus Wilk ("Thaddeus"), is an individual and a heir who presently
resides at 6090 Frank Dr., Hoffman Estates, Cook County, Illinois.
6. Defendant, Betty L. Wilk ("Betty"), is an individual who is the wife to Thaddeus
Wilk, and who presently resides at 6090 Frank Dr., Hoffman Estates, Cook County, Illinois.
7. Defendant, Barbara Wilk ("Barb"), is an individual and a heir who presently resides
at 400 North La Salle St., Chicago, Cook County, Illinois.
8. Defendant Unknown Owners; Non Record Claimants or Buyers (Contract for Deed)
are any other individuals or entities who may have or claim an interest in the property described
below.
9. Defendants Robert Wilk ("Robert") and Irene Wilk ("Irene") are the deceased
Owners of the property who died intestate.
FACTUAL ALLEGATIONS
10. Plaintiff has possessory interests to and is a rightful owner to the property
commonly known as 337 E. Norman Ln., Wheeling, Illinois, (the "Home" or "Property"), and
legally described as follows:
Lot 7 in Block 4 in Dunhurst Subdivision Unit No. Four, being a Subdivision of
Part of the Northeast Quarter ( 114 ) of Section 10, Township 42 North, Range
11, East of the Third Principal Meridian, in Cook County, Illinois.
P.I.N. 03-1 0-1 10-024-0000
1 1. The Home is a single family residence.
12. Plaintiff has possessory interests to the Home by virtue of inheritance from his
mother, Irene Wilk (age 87), who passed away on November 27,2004. And his father, Robert Wilk
(age 87), who passed away on May 30, 1999. Parents held the property by Warranty Deed in joint
tenancy that was recorded with Office of the Cook County Recorder on June 17,1985 as Document
No. 8506281 0. Plaintiff is in possession of the original deed.
13. A purported quit claim deed to Thaddeus Wilk was drafted and prepared by a attorney and
caused to be recorded by the same attorney with the Office of the Cook County Recorder on
April 19, 1999 as Document No. 99373297 together with the Release of Mortgage
Document No. 99373296. Plaintiff is in possession of the original deed and the release.
Deed was not delivered to Thaddeus.
14. On information and belief the "Statement by Grantor and Grantee" was provided by
Thaddeus or Betty to be part of the conveyance scheme, unbeknownst to Plaintiff at the time
of the fraudulent execution of conveyance. A copy of the purported Quit Claim Deed and
the Grantor and Grantee Statement that was recorded with the Office of the Cook County
Recorder is attached to this complaint as Exhibit "A" and becoming a part thereof.
15. The deed of conveyance and the certificate of acknowledgement together with the
"Statement by Grantor and Grantee" were not executed by Robert Wilk and Irene Wilk
before a Notary and the date on the deed and the statement by grantor and grantee was on
March 7, 1999, that was a Sunday.
16. The deed and the certificate of acknowledgement together with the statement by grantor
and grantee were signed on the date they bear.
17. The deed and the statement by grantor and grantee were fraudulently notarized by the
Notary.
18. The Notary never met Robert and Irene Wilk.
19. The Notary had no idea what their signatures looked like.
20. The same Notary fraudulently notarized a Power of Attorney ("POA") for Property and
POA for Health Care for each person of Robert and Irene.
2 1. The signatures of Robert Wilk and Irene Wilk on the two instruments "Power of Attorney
for Property" and that of Thaddeus Wilk as agent and Mark Wilk as successor agent were
not recorded with the Office of the Cook County Recorder for the purposes, including but
not limited, to conveying or to selling the property commonly known as 337 E. Norman Ln.;
Wheeling, Illinois.
22. No tax transfer stamps were affixed to the deed.
23. The deed didn't show or bear a signature by grantors that the property was a gift.
24. There were no required State and County transfer declarations forms signed by the
Sellers and Buyers (Robert Wilk and Irene Wilk as sellers/grantors and Thaddeus Wilk as
buyerlgrantee).
25. Thaddeus on March 7, 1999 took the stated instruments home to his wife and on
information and belief gave them to Betty who then took them to the bank where she was
employed and gave them to a Notary who was a employee at the same bank and the Notary
fraudulently notarized the acknowledgements on the instruments. Together with the POA for
Property and Health for both Robert Wilk and Irene Wilk.
26. Thaddeus Wilk subsequently purchased a Home Owners insurance policy to a residential
home he didn't occupy or live in. The Home Owners policy was made out to "Wilk,
Thaddeus and Betty at 337 E. Norman Ln. Wheeling, Illinois". During 2003 there was hail
damage to the house and Thaddeus and Betty Wilk collected ($15,672.55) on the policy.
27. Thaddeus and Betty Wilk for years prior to March 7,1999 and subsequently thereafter
resided at 1403 Joyce, Palatine, in Cook County, Illinois. And on information and belief
they had a Home Owners insurance policy on that particular property.
28. The same Notary at the bank subsequently notarized other documents and instruments
for Thaddeus which affected title, that of a Grant of Easement to the Village of Wheeling on
August 04,2000. On the instrument as the grantor Thaddeus signed as "Ted Wilk" which
isn't his real name for recording purposes of legal instruments (such as driver license, deeds,
mortgages, etc.). Plaintiff is in possession of the original instrument. The instrument was
not recorded with the Office of the Cook County Recorder.
29. Plaintiff cofionted Thaddeus on numerous occasions to pay the Real Estate Taxes on
the property and by his actions and inactions he refbsed to do so, thereby placing the burden
on Plaintiff to keep the property fiom being sold at a county tax sale together with the
maintenance and repair to the Property.
ROBERT WILK and IRENE WILK
30. At the time of and prior to the purported conveyance of March 7,1999 and subsequently
thereafter:
a. Robert Wilk at the age of 87 was dying from cancer (for two years prior to death) as is
evidenced by his Death Certificate and hospital records showing the date of death being May
30, 1999 at a facility of Northwest Community Hospital. He was taken to the hospital on or
about three days after April 19, 1999 and remained there till his death. Thaddeus using the
POA for health care for Robert Wilk signed a DNR (Do Not Resuscitate) order at the hospital.
Plaintiff was present and objected to that at the hospital because it was contrary to his father's
wishes stated in the POA for heath care. Robert had complete insurance coverage for health and
hospital care through Irene.
b. Irene Wilk (age 82) at the time and prior to that time of March 7,1999 was suffering from
dementia and other ailments. Her medical conditions are evidenced by hospital and nursing
home records. Robert was taking care of her, including but not limited to, preparing meals
for her as she wasn't able to prepare meals for herself.
c. Robert and Irene were foreign born and English was not their primary language. And their
education overseas was limited. They immigrated to the United States during the early 50's.
d. Both Robert and Irene Wilk died intestate and the only heirs to their Property were their two
sons and a daughter, namely Mark Wilk, Thaddeus Wilk and Barbara Wilk.
e. Prior to January 1999, Plaintiff was conferring with an attorney regarding his parents, as it
appeared that his mother would have to go into a nursing home in the event of his father's
death. A statutory POA for property and health care was prepared and approved by the
attorney for each parent. Together with a purported deed (no "Statement of Grantor and
Grantee" was prepared nor State or County transfer tax forms in order to be able to
complete a conveyance of property so that it could be recorded at the Office of the Cook
County Recorder). Mark relied on the attorney to provide honest services and not to
misinform and uniform him. Subsequently on or about November 9,2006 the attorney sent
Mark a letter concerning the deed, which purpose was to mislead and misinform Mark.
f. During January of 1999 (January 29, 1999), Thaddeus was given the instruments and
Thaddeus was instructed to call Plaintiff when and if his parents were ready to execute the
POA instruments before a Notary, so that Mark could be present for the signing and
execution of the instruments. Plaintiff was a successor agent in the instruments.
g. March 7,1999 was a Sunday, Thaddeus was present at the house and Mark stopped over to
visit his parents. Mark asked Thaddeus about the status of the instruments and Thaddeus
went to get the instruments from his car. Unbeknownst to Mark was the "Statement of
Grantor and Grantee" that was inserted by Thaddeus into the other instruments. On
information and belief Thaddeus may have conferred with Betty or his attorney and may
have been advised or informed that in order to complete a purported conveyance to the
property a "Statement of Grantor and Grantee" was needed for the deed to be recorded with
the Office of the Cook County Recorder.
h. On March 7, 1999 the purpose was that a POA for health care and property were needed in
the event of either of them would become incapacitated. And in the event that things would
be needed to be done would be covered by the POA for property and health care.
i. Robert and Irene did not read the contents of the POA for health care and property. On
information and belief Thaddeus deliberately provided no explanation to Robert and Irene.
j. A copy of the instruments they signed were not provided to them or left with Robert and
Irene thereafter. The deed was altered by the fraudulent acknowledgements and other
insertions after it was signed without grantors knowledge or assent.
k. There was fraud in the execution of the deed and the statement of grantor and grantee.
Plaintiff alleges that assent to the conveyance to Thaddeus of the Property was not given by
Robert and Irene and was unbeknownst to them. POA for health and property was the
purpose. This is further evidenced by the fact that Robert and Irene did not deliver
possession of the Property to Thaddeus. And remained in actual possession and occupancy
of the Property thereafter.
1. Thaddeus thereafter (March 7,1999) took the instruments home and gave them to Betty
who was employed by a bank and thereafter she had them fraudulently notarized by a
Notary at the bank that was employed there. Betty was a Notary at the same bank at that
time.
3 1. On April 19, 1999, Mark stopped over to visit his parents and to see if they needed
anything to be done for them. His mother had a broken wrist due to a physical altercation with his
father. Mark phoned Thaddeus and thereafter Betty stopped over at the house and took Irene to be
admitted to the Hospital. Prior to that Robert was admitted to the hospital on March 13, 1999 and
was released on March 18, 1999.
32. After Irene was admitted to the hospital on or about April 19, 1999 she was thereafter
placed into a nursing home by Thaddeus using the POA for health care on or about April 23, 1999.
Thaddeus selected the nursing home and thereafter made application for her residency. A
Medicaid application using the POA for health care was completed by Thaddeus for the payment of
services at the nursing home.
33. On April 19, 1999, Mark stayed with his father for about three days and due to his
illness Robert had to be admitted to the Hospital again. Thereafter, Robert remained at the hospital
facility until his death on May 30, 1999.
34. After the funeral service for Robert, Irene was still at the nursing home. The nursing
home was constantly phoning Thaddeus at work concerning his mother attempting to run away and
of other problems.
35. Mark composed a letter to the nursing home which Thaddeus signed and submitted it
to the nursing home. The doctor released Irene from the nursing home on or about July, 1999 and
she was brought Home to reside and live there till her death at the Hospital on November 27,2004.
36. When Irene was brought Home on or about July 1999, Mark thereafter co-habituated
with Irene and took care of his mother and the Property until and even after her death of November
27,2004. Thaddeus by his actions and inactions, refused to pay the real estate taxes on the property
for the tax years of 1998 and other following years.
37. The funeral and burial expenses for Robert and Irene were not paid by Thaddeus.
Mark took care of the payment of those required and needed expenses.
38. On or about October 04,2006, Mark received in the mail from Thaddeus's attorney a
proposed Family Settlement Agreement. Barb was needed to be part of the proposed Agreement
and by her actions and inactions she refused to comply. On information and belief Thaddeus knew
her phone number and address from the information Barb provided Mark and Thaddeus at Irene's
funeral service on November 30,2004.
39. On information and belief the proposed Family Settlement Agreement was a sham and
a further fraudulent scheme by Thaddeus and his attorney to obtain wrongful possession to the
Property after the deaths of his parents.
40. Barb stated in an e-mail to Mark on September 9,2006 that she didn't want anything
from the Estate of Robert and Irene. Mark sent an e-mail to Barb on November 7,2006 and
provided her with a written Disclaimer for her to sign and to return to Mark.
41. Stipulations were provided to Thaddeus by Mark on November 15,2006 at his place of
employment. Thaddeus thereafter refused to sign any of the written Stipulations or a Disclaimer.
The Stipulations in effect stated the expenses and costs associated with the Property and who paid
-1 1-
them.
42. On or about November 17,2006; Mark e-mailed Thaddeus's attorney concerning the
proposed Family Settlement Agreement. And provided Thaddeus's attorney with information
concerning the fraudulent conveyance of the Property to Thaddeus and of other matters. The
attorney forwarded the e-mail of November 17,2006 to Thaddeus and Betty.
43. On April 16,201 0, Thaddeus filed a forcible entry and detainer Complaint against
Mark for possession and a claim to the Property in the Circuit Court of Cook County, Illinois,
Municipal Department, Third District; Thaddeus Wilk v. Mark Wilk; Case No. 201 0-M3-00 1296
which is presently pending. Thaddeus alleges to be the sole owner to the Property and is entitled to
possession. Mark has possessory interests to the Property that cannot be adjudicated in a forcible
entry and detainer proceedings. Since the forcible entry and detainer court is a court of limited
jurisdiction.
44. Thaddeus Wilk has no right to evict Plaintiff from the Property. Mark claims
possessory interests to the Property.
WHEREFORE, Plaintiff asks this court to enter an order:
a. the quit claim deed to Thaddeus Wilk which purported to convey title to the Property
from Robert Wilk and Irene Wilk is void, ab initio;
b. declare the title transfer to Thaddeus Wilk was avoid;
c. declare that Plaintiff as a heir is entitled to all the rights of ownership to the property;
d. declare that the Home ownership title interests are restored to Plaintiff and the other
heirs;
e. granting Plaintiff actual possession and occupancy of the Home;
f. Invalidating the title interests of any Unknown Owners and Non Record Claimants
or Buyers (Contract for Deed) whose pwported interests depend upon;
g. Award Plaintiff the costs of bringing this action;
h. Grant any such other and fkther relief as it deems equitable and proper.
Am. No. 99500 Mark Wi& 337 E. Norman Ln. Wheeling, Illinois 60090-4525 630-202-1 798
Mark Wilk
VERIFICATION
Under penalties as provided by law pursuant to 1-109 of the Illinois Code of Civil Procedure the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certi6js as aforesaid that he verily believes the same to be true.
June 01,2010
Mark Wilk
SUPRERIE COURT RULE 137 CERTIFICATE
Dated
The undersigned party, certifies he has read the pleadings herein, that to the best of his knowledge, information and belief, formed after reasonable inquiry, believes they are well grounded in fact and warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and that they are not imposed for any improper purpose such as unnecessary delay or to h a r ~ s or needlesdy increase tfie cost of litigation.
June 01,2010
Dated
ATTACHED: "EXHIBIT A" - copy of Quit Claim Deed and Statement of Grantor and Grantee.