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

IN T H E CIRCUIT COURT O F C O O K COUNTY, ILLINOIS

MARK WILK

THADDEUS WLLK; et al.

t NO. 10 CH 23086

NOTICE OF MOTION

To: Mr. Thomas J. Tartaglia - Attorney at Law

78 19 W. LAWRENCE AVE.

NORRIDGE, ILLINOIS 60706

On June 07 201 1 , at 4. 9:30 AM p.m. or as soon thereafter as counsel

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

Judge's stead, in the courtroom usually occupied by himher, located at 2302 Richard J. Daley Center, 50 W. Washington, Chicago , Illinois, and present

the attached Verified Motion for Continuance w/ Affidavit in Support Pursuant to Chancery Proceedings Rule 7.2 .

Name WILK Atty. No. 99500 Prose 99500

Address 337 E. Norman h. Attorney for

City/State/Zip Wheeling, IL. 60090-4525 Telephone 630-202-1 798

PROOF OF SERVICE BY DELIVERY

I,, the attorneylnon attorney* certify that on the - day of (*strike one)

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

PROOF O F SERVICE BY MAIL

1, MARK WLLK , the attorney/non#torneyx 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 a t Chicago Post Office, Chicago, IL. 60601 blace of mailing)

at approx 4:00 on the with proper postage prepaid.

[ X ] Under penalties as provided by 735 ILCS 5/1-109 the signed D

person certifies that the statements setforth herein are true and correct.

7010 0290 0001 000q 2520

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.

DOROTHY BROWN, CLERK O F THE CIRCUIT COURT O F COOK COUNTY. ILLINOIS

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

1 Defendant (s). 1

No. 10 CH 23086 1 10 M3 001 296

VERIFIED MOTION FOR CONTINUANCE 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 June 07,201 1 by the Defendant (s). In support of his motion for continuance, Plaintiff

hereby states as follows:

1. On May 23,201 1, Plaintiff received by mail (postmarked 5-19-201 1) from Defendant (s)

attorney the attached copy of a letter and pleadings. Attached hereto and made part

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

2. Within Exhibit "A" is the unverified pleading entitled "PE'TITON FOR RULE TO

SHOW CAUSE OR IN THE ALTERNATIVE DEFENDANTS MOTION TO

ENFORCE SETTLEMENT AGREEMENT".

3. Within defendant (s) Exhibit "A" is a copy of a e-mail dated 5121201 1 stating "Mark milk

lives there and will not let the showings take place". On information and belief this is a

false statement, as cancellations for showing the property were made by the relator's

showtime service and left as a phone voice message.

4. On February 08,20 1 1 a Order was entered by agreement of the parties that resolved their

differences and defendant (s) withdrew their pending motion.

5. Within defendant (s) Exhibit "A" is a unsigned letter dated May 1 1,20 1 1 stating

"Another showing cancelled on 337 Norman".

6. Plaintiff needs to continue the matter in order to prepare a comprehensive written

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

07,201 1 .

I 7. Plaintiff submits a Affidavit in support of his Motion for Continuance.

WHEREFORE, the undersigned Plaintiff needs to continue the set matter of June 07 till June 30,

201 1 to prepare and file responsive pleadings, documents and affidavits. And to provide a file

stamped courtesy copy to the Court within 10 business days of the set hearing.

MARK WILK, Plaintiff - Dated 5-25-201 1

VERIFICATION BY CERTIPICATION

Under penalties provided by law pursuant to Section 1 - 109 of the Code of Civil Procedure, the

undersigned certifies that the statements set forth in this instrument are true and correct, except as

matters therein stated to be on information and belief as to such matters the undersigned certifies

the he verily believes the same to be true. i

MARK WILK

Mask Wilk - Atty #: 99500 337 E. Norman Ln. Wheeling, IL. 60090-4525 630-202- 1798

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION

[ark Wilk, )

1 Plaintiff, )

1 ) 10 CH 23086

haddeus Wilk, et al., ) 1

Defendant (s). 1

AFFIDAVIT IN SUPPORT OF MOTION FOR CONTINUANCE

he undersigned plaintiff Mark Wilk states as follows:

I need a continuance to file responsive pleadings in order to avoid prejudice or unfairness

to either side.

Defendant (s) in their letter to Mark Wilk state that they will gladly withdraw their

Petition. If not then plaintiff needs sufficient time to prepare responsive pleadings to

defendant (s) pending matter.

On information and belief the need to grant a continuance is within the sound discretion

of the Court. Feder v. Hiera, 85 Ill. App. 3d 1001 (I" Dist. 1980). Bullstron v.

Augustana Hospital, 52 Ill. App. 3d 66 (1" Dist. 1977).

MARK WILK

VERIFICATION BY CERTlFlCATlON

Under penalties provided by law pursuant to Section 1-1 09 of the Code of Civil Procedure, the

undersigned certifies that the statements set forth in the Affidavit are true and correct, except as

matters therein stated to be on information and belief as to such matters the undersigned certifies

the he verily believes the same to be true.

MARK WILK

Mark Wilk - Atty #: 99500 3 37 E. Norman Ln. Wheeling, IL. 60090-4525 630-202-1 798

Maggio & Tartaglia Attorneys At Law 1

Andrew P. Maggio Jr. 7819 W. Lawrence A*. Thomas J. Tartagiia Norridge, Tliinois 60706

Tel: (708) 453-7700 Fax: (708) 453-7702

May 19,201 1

Mr. Mark Wilk 337 E. Noman Lane Wheeling, IL 60090-4525

Re: Wilk v. Wilk 10 M3 1296/ 10 CH 23086

Dear Mt. Wilk:

I am enclosing a notice and petition for rulc to show for your failure to abide by the settlement agreement. The court date is June 7,201 1 at 9:30 am.

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

ell as request that you be ordered to vacate the property.

Cc: Ted & Betty Wilk Barbara Wilk

337 E. NORiMAN LANE WHEELING. 1L 60090-4525

201 1 ., 9 3 0 AM a.m.

*A p.m or as soon thereafter as counsel

may be heard, I shall appear before th* n-a---hl- WV.

Judge's stead, in the cowtroom usually occupied by hi iher , located at J- DALEY CENTER,

, JlWirrois, and present

ATTACHED MOTION

PROOF OF SERVICE BY DELEVERY

1, , the attorntylnon attorney* certify tbak 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 OF SERVICE BY MAIL

1, THE UNDERSIGNED , the sty(ney/non attorney* certify that J served this notice by mailing (*mtkemc)

a.m. .t 5:OOPM p.m. on the day of oper pvstape prepaid.

N O T E : If more than one person is served by delivery or mail, additional proof of service may b Notice of Motion.

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OE COGK COUNTY, ILLENOIS

MAIU( 15'ILK, 1 1

Plaintifi; ) CASE NO. I0 CH 23586 1

vs. ) consl. IOM3 0012961 1

THADDEUS WILK, BETTY L. WILK, 1 ROBERT WILK AND fRENE WTLK 1 DECEASED OWNERS, 1 UNKNOWN OWNERS AND NONRECORD) CLAIMANTS 1

1 Defendants.

PETITlOrY FOR RULE TO SHOW CAUSE OR IN THE ALTERNATNE DEFENDANTS MOTION TO ENFORCE SETTLEMENT

AGREEMENT

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

1 . 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 copy of the Mediation SeElement Agreement attached hereto and made a part hereof as Exhibit "A".

2. That on December 17,2010 this court entered an order di iss ing the case as well as the case number 10 M3 0012961. Under the texms of the order, this court retained jurisdiction to enibrce the terms of the settlement agreement. A copy of the court order is attached hereto and made a part hereof as Exhibit '33"

3. Pursuant to the terms of the settlement agreement Mark Wilk is to atlow the insurance agent and rcaltar access to the real estate.

4. Plaintiff Mark Wilk continues to refuse access to the insurance agent and Matthew, Jan and Jerry Doestch of Doestch Realty the redtars. Attached hereto and made a part hereof as Exhibit 'C" is an email correspondence from Jan

Doestch of Doestch Realty indicating that Mark Wilk, your plaintiff herein will not allow the realtors to show the property-

WHEREFORE, your Defendants, Thaddeus Wilk, Betty Wilk and Barbara Wlk, pray that the court issue m order or a i e requiring the Plaintiff, Mark Wik to show cause, if ar,y he has, why he should no: be hdd in contempt of court aad punished for failure TO compiy with said judgment, ;for reasonable attorney fees, and for such other and further relief as may be just.

#I2623 Thomas J. Tartaglia MAGGIO & TARTAGLIA Attorney for Defendants 78 19 W. Lawrence Ave. Norridge, IL 60706 708-453-7700

Daie j J q - / ' D . - -.-

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Center for Conflict ResoIvfion I 1 Eclst AdCmS, Suite 500 * Chicago. Illinois 60603 Phone; f3 12) 922-6464 w.cc:chicogo.osg

s p e d to c m ~ d i t i ~ ~ , m&or pay tb a g r c d aettkment ~ h - A 1 0 32""" y id . ; (~-.t md. c . b i d

Name: 1. TARTAGUA. ENTER A*. ~ Q G , D r n D M 7. - - A&~ZO: 7829 W. LAWRENCE A m ~ E ~ l 7 2 0 U i

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. ...~ ......*.. -..-..,...,- ~ ",,. - .. ~~ ---. ".-- ".*. . . ,- .. . -. - -..

i FW: 339 Noman ~ a ~ r g , i t

rorn: "Cathy Foley" ecfoley60707@yairoo.com> To: tomywho l@yaftoo.c3rn

_.__..._..._.._I_-. _ _ ..__._..i--..-. .. ..-: ..... . _ - I---

Cathy Faley Paralegal for Thomas J. Tartaglia, Esq. Law Office of Maggo & Tartaglia 7819 W. Lawrence. Norridge. IL 60706 ph 708-453-7700 ~ 2 2 1 f x 708453-7702

'"NOTE IF THIS IS A BUSINESS EMAIL RECEIVED AFTER 5PM IT WILL BE RESPONDED TO THE NEXT BUSINESS DAY.""'

--- On Mon, 512ZW, Doetsch, Janet <Jrn-o~niWrey.oom> wrote:

From: Doetsch, Janet <jmdoetsch@koenigstrey.conv Subject: 337 Norman Lane To: "carzauto@att.net" <carzauto@att.net>, "cfoley60707@yahoo.comn ccfoley60707@y ahoo.corn> Date: Monday, May 2, 2011,4:34 PM

I Ted Wilk Thomas Tartaglia

I Dear Sirs,

I After several attemps to have showings on 337 Norman Lane, Wheeling, H we have not been successful. Mark Wilk lives there and will not let the showings take place.

I This is obstructing ow abilitly to perform. Please advise.

Jan and Jerry Doetsch

1 Please mte-my eman address has chaqed. Please update your remds.

I Jan and Jerry Doetsch Koenig & Strey "Glenview At The Glen" 2630 Valor Drive

Glenview, 11. 60026

Jan Cell 847-456-98 19 Jan Fax 556-291-5203 Jan Office 847-51 0-501 3

Jan E-Mail JMD~tr;ck@koe~i,isstr~r.com

'$&j&t: RE: Re: Fw: Another showing cancelled! on 327' Nomm 1

: Cathy,Tom and Ted

As of March 2 1,201 1--there have been 5 canccflatio~~~ on 337 No- Who~ihg,

'2 appointments in march-agent aies to set time and- Mark docsn't allow

12 appointments in May-so far-same thing.

i With so many propcrtics on the market-appointments are very impmbmt ta the sale of i the property.

: In this markct piacc-pcoplc want to view when convenient tiw them---not the person in a thc homc.

:Mark Wiik only allows appointments when convenient for him---

'Ody allows showings =with 2 h u u ~ notice--weekdays - 3 or 4 p.m. and 7p.m.

'Weekend showings by 3ppoirrtmcnt o n l y 4 him.

I This property has rcalIy bcco off mark& --even though it is listed in the MuHipk listing , scNicc.

,Jan and Jerry Doctsch.

Koenig $ Stsey "Glemtew At The Glen" 2630 Valor Drive Glen~ew, 11.60026

Jan Cell 847-456-981 9 Jm FW 866-291 -5203 Jan Office 847-51 0-50 13 Jan E-Mail JMDoctsch@&wy .corn

TOTAL P.001

Cell: 847-456-98 19 I?=: 866-291-5203

bpt-Cht R ~ ~ u s c The ncipiaofthis fit&aIlilc lray make u request rb the rnda not to sendmy hmber fruirnila; Ah such opt-aut re.qu=st Yhould be fwd 1s 841-5 10-5 1 M) a d ihc rcques? mu81 idcntify die relcphonc otinb~r(s] orrht fksimi le mhinc(s) to whkh the upt-our rcquesr applies. Dpr-oui requests r a y bc &xed any timc, 24 hours n day and 7 days tr wcck The -tjilorz by Lbc m & r ID cornply ~ 5 t h im opr-oui rcqucst within rhe time h m c ta be detrm*cd by the FCC is unlawhl,

2638 Valor Road, Glenview, I1.60026 Office: 847-515-5013, Pax: 866-298 -5203

.1A/c rc- contacted him on Monday lo make appointment to view the home and do 3ur %MA. f Ie reksed to make an ~ppoinmcnt. Trkd again ta make mntact Tueday, I& voice nuil an his cell phone. Please advise.

- 1 I

I : EECFivFD (?,"-';q-j *'I - . - 1 F2OW 8477294G7.5 . i TO- ??AGIO R TX3'PGL'IA P@O?;Q85

Mr. MartPl~w WCS~ - ERA Dm&cb

910 Gewwmd PA Ste C