notice mt continue 1-28-11 exhibits 2

8/7/2019 Notice Mt Continue 1-28-11 Exhibits 2

1/13

303 CCG N003-150M-2/27/04 (33350--IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOISMARK WILK

v. No. 10 CH 23086THADDEUS WILK; et al.

NOTICE OF MOTION~ :Mr. Thomas J. Tartaglia - Attorney at Law

7819W. LAWRENCE AVE.ORRIDGE, ILLINOIS 60706

o n February 08 2011 , at A.9:30 AM p.m. or as soon thereafter as counI shall appear before the Honorable WILLIAMMAK1 or any Judge sitting in tin the courtroom usually occupied by himlher, located at Court Room 2302

Richard J. Daley Center, 50 W. Washington, Chicago , llinois, and presethe attached Motion to Continue Pursuant to Chancery Proceedings Rule 7.2

PRO OF O F SERVICE BY DELIVERY1, , he attorneylnon attorney* certify that on the day(*strike one)

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

PROOF O F SERVICE BY MAILI, MUdX WILK , he attorney/non#ftorney* certify that I served this notice by mail(*strike one)

copy to Mr. Thomas J. Tartaglia - Attorney at Law at 7819 W. Lawrence Ave., NORRIDGE, IL. 0706(address on envelope)

U.S. Mail at Chicago Post Office, Chicago,E -60601@laceof mailing)a.m.appr0x 4:00 p p on the 28 day of January ,201I ,with proper postage prepaI Under ~enal ties s ~rov ided y 735 ILCS 511-109 the simed n,t, -

statements setforth herein are true and correct. &I?SignaturelCertiHcation7007 3410 ODD1 9956 2 8 9 5PI

If more than one person is served by delivery or mail, additional proof of service may be made by at taching an additional sheet to thisNotice of Motion.


2/13

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOISCOUNTY DEPARTMENT, CHANCERY DIVISIONMark Wilk 1

1Plaintiff, 1v. 1

1ThaddeusWilk et al., 11Defendant (s). 1

No. 10 CH 23086 / 10 M3 001296

MOTION TO CONTINUE MATTER PURSUANT TO CHANCERY PROCEEDINGSRULE 7.2-Rules of the Circuit Court of Cook County

Plaintiff, Mark Wilk, hereby moves to continue the matters set for hearing before theCourt on February 08,201 1 by the Defendant (s). In support of his motion to continue, Plaintiffhereby states as follows: 1

1. On January 24,201 1, Plaintiff received by mail @ostmarked 1-2 1-20 11) from the

defendant (s) attorney the attached letter and pleadings. Attached hereto and made parthereof 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 toMr. Thomas Tartaglia from Matthew Doetsch of the "THE DOETSCH TEAM" ofGlenview, Illinois. The statement within the letter states "He refused to make anappointment" 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 personallyregarding the property in question.


3/13

3. On January 14,2011, Plaintiff asked Mr. Matthew Doetsch if a listing has been signed forthe 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 isthe 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 BrokerCatherine M. Foley that he received from the Mr. Thomas Tartaglia on or aboutSeptember 19,2010. Matthew Doetsch thanked him for the copy.

4. On January 27,201 1, plaintiff stoPped over the Offce of Matthew Doetsch in Glenviewand showed him a copy of his lett r of January 19,2011 and asked him if it was his1signature. 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 himfor a copy of the CMA report. And Matthew Doetsch stated that he would have to get theapproval of the attorney.

5 . Plaintiff needs to continue the ma er in order to prepare a comprehensive writtenitresponse with supporting documehts and affidavit to the matter set for hearing onFebruary 08,201 1.


4/13

WHEREFORE, the undersigned Plaintiff needs to continue the set matter of February 08 tillMarch 07,201 1 to prepare and file responsive pleadings, documents and affidavits. And toprovide a file stamped courtesy copy to thk Court within 10 business days of set hearing.

Respectfully submitted,

Dated 1-28-2011

Mark Wilk - Atty #: 99500337E. Norman Ln.Wheeling, IL.60090-4525630-202-1798


5/13

Andrew P. Maggio Jr. I 7819 W. LawrenceAve.ThomasJ. Tartaglia Norridge, Illinois 607061 Tel: (708) 453-7700Fax: (708) 453-7702

Mr. Mark Wilk337 E. Norman LaneWheeling, IL 60090-4525Re: Wilk v. Wilk 10M3 12961 10CH 23086

Dear Mr. Wilk:I am enclosing a notice and petition for rule to show for your failure to abideby thesettlement agreement.I will gladly withdraw if you cooperate by the court date otherwise I will have nos and costs for the petition be assessed against

Barbara Wilk


6/13

3303 CCE W003-B5OP --IN THECLRQ7UITCOURT OF COOK COUNTY, ILLINON. *. r a - - &5-

v. -. ...,..-:..:: ;: . . . ;-< J?:" ,-.-,:.:. f J ; * +-THADEUS W L K et . -." y d : F , c 7 . L A Z X13b ~ ~ ~ i "!i;,fl . . L L & Y LhJ.

TO : MARK WILK337 E. NORMAN LAVEWHEELING, fL 68090-4525

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

-, Illinois, and presentATTACHED MOTION

PROOF OF SERVICE BY DELIVERY1 , he attorn eyhon attorneye certify that on the d q fCskrikeone)

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

PROOFOFSERVICZ BY MAIL1, THE UNDERSIGNED , he att&eylnon attorney* certify that i served this notice by mailing('strike om)

a copy to ABOVE PERSON at ABOVE ADDRESS(eddresran ewclope)

and depositing th e same in the U.S. ail at. 7819W. LAWIW'JCE AVE., NORRIDGE, IL 60706(placeofmailing) .-a mat 5 :00PM p.m. an the dayofJANUARY , 01 , it h proper postage pzqlaid.

If mare than. onepersonNotice of Motion. is served bydelivery-'s~lrviceay be made by attaching an additional sheet to&

DOROTHY B ROW , CLERK OF TfIE CFCUIT COURTOF COOK COUNTY, ILLINOIS


7/13

IN THE CIRCUIT COURT OF COOK COUNTY, ELl!NOISCOUNTY DEPARTMENT, CHANCERY DIVISIONMARK WZK : \

1Plaintiff, ) CASENO. 10CH 230861vs. ) csnsl. 10M3 00129611THADDEUSWLK,BETTY L,WLK,ROBERTW K ND IRENEWILK 11DECEASED OWNERS, )

UNKNOWN OWNERSAND NONRECORD)CLAIMANTS ?1Defendants. 1

PETITION FOR RULE TO SHOW CAUSE OR INTHEAETEIRNATIVE DEFENDANTSMOTION TO ENFORCE SETTLEMENT

AGREEMENT

NOW COMES the Defendants, ThaddeusWilk, Betty Wilk and Barbara Wilk by andthrough their attorneys, MAGGlO & TARTAGLIA, and for their Petition forRule toShow 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 enteredinto a mediation settlement agreement resolving the controversypendingbeforethis court. A wpy of the Mediation Settlement Agreement attached hereto m dmade a part hereof as Exhibit "A".

- -That on December 17,2010 this court enteTedm order dismissingthe case as we!;as the casenumber I0 M3 00 2961 . Under the terms of he order, this courtretained jurisdiction to enforce the tenns of the settlement agreement. A copy ofthe court order is attached hereto andmade apart hereof asExhibit "B"Pursuant to the terms of the settlement agreement Mark Wilk is to allow theinsurance agent and realtoraccess to the real estate.Plaintiff Mark Wilk co~timeso refuse access to the insurance agert and onJanuary 13,2011 infanned Matthew Daestch ofDoestch Realty that he refuses tomake an appointment with the realtor. Attached hereto and made a part hereof as


8/13

Exhibit "C" s the letter from Plaintiff to Matthew Doestch and Matthew D~estchto ThomasTartaglia, attorney for Defendants.

WHEREFORE, yourDefendants,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 anyhe has, why he shouM not be held in contempt of court and punished for failure tocomplywith said judgment, for reasonable attorney fees, and for such other and furtherrelief as maybejust.

#I 2623Thomas J. TartagliaMAGGIO& TARTAGLIAAttorney for Defendants78 19 W . Lawrence Ave.Norridge,IL 60706708-453-7700


9/13


10/13

the phembes t h eSDmatbxsisl c[in8rOver&y ave Ibqd ~es~ lvedetweenBcpareie~,haha by agreemeat~f(hc. . I

DBRO'JI'MTBROW,2l.IERK OF THEC COURT O F COOKC O W , tLLl lVOS -

ratty. RQ.: 12623 I INme: THOMASj.TAR'FAGU.-AFay. Bob? I x 3 - E ND r n S~ e c p a : ~ 1 9. LAWRENCE AWL

ENTERI 7U E E 17 0%


11/13

Jan DoetschOffice: 847-5 0-5013

Comments:


12/13

DearTom,?iEs etter is in reference lo 337 EastNti\Nc- co~mcted 4arIc mlk 1=!; week, hehouse,

appoincmeni t~ view the home and do our:. Tiid againw make contact Tuesday, kfi

I


13/13

Iqx scopywhich purported tobeMSi w e

notice mt continue 1-28-11 exhibits 2

Documents