Attorneys At Law Andrew P. Maggio Jr. Thomas J. Tartaglia 7819 W. Lawrence Ave.

Norridge, Illinois 60706 Tel: (708) 453-7700 Fax: (708) 453-7702

May 19,2011 Mr. Mark Wilk 33 7 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. The court date is June 7,201 1 at 9:30 am.

I will gladly withdraw if you cooperate by the court 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

5303

CCG N003-150M-2/27/04 (3335091)

WHEELING, IL 60090-4525
On may be heard, I shall appear before the Honorable Judge's stead, in the conrtroom usually occupied by himlher, located at

9:30 AM

a.m. p.m. or as soon thereafter as counsel or any Judge sitting in that

M 2302
RICHARD J. DALEY CENTER,

,Illinois, and present

ATTACHED MOTION
, , , N

THOMAS 9. TARTAGLIA Address 78 19 W. LAWRENCE AVE.

~ i t y / t a t e / z i pNORRIDGE,

IL 60706

12623 Attorney for DEFENDANTS Telephone 708-453-7700

~ t t y NO. . PROOF OF SERVICE BY DELIVERY

Prose 99501)

1,
9

,the atturneylnon attorney* certify that on the

('strike one)

day of

, I served this notice

by delivering a copy personally to each person to whom it is directed.

Date

PROOF OF SERVICE BY MAIL

1,
B

THE UNDERSIGNED ABOVE PERSON

,the att9(ney/non attorney* certify that I served this notice by nlailing

(*strike one)

copy to

at

ABOVE ADDRESS
(address on e~~vclopc)

m d depositing the same in the

U. S. Mail at 7819 W. LAWRENCE AVE., N O M D G E , T 60706 L

(dace of mailine)

,t

5:00P1M

a.m. p.m. on the

roper postage prepaid.

NOTE: If more than one person is served by delivery o r mail, additional proof of service may b Notice of Motion.

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

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

MARK WILL,
Plaintiff,
VS.

1 1
) CASE NO. 10 CH 23086 ) consl. 10 M3 0013961

THADDEUS WLK, BETTY L. WILK, 1 ROBERT WILK AND IRENE WILK 1 DECEASED OWNERS, 1 UNKNOWN OWNERS AND NONRECORD) 1 CLAIMANTS Defendants.

PETITION FOR RULE TO SHOW CAUSE OR IN THE ALTERNATIVE 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 7,201 0 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 Settlement Agreement attached hereto and made a part hereof as Exhibit "A". 2. That on December 17, 2010 this court entered an order dismissing the case as well as the case number 10 M3 0012961. Under the terms of the order, this court retained jurisdiction to enforce the terms of the settlement agreement. A copy of the court order is attached hereto and made a part hereof as Exhibit "B"

3. Pursuant to the terms of the settlement agreement Mark Wilk is to allow the insurance agent and realtor 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 realtors. 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 Defkzdants, Thaddeus Wilk, Betty Wi!k and Barbara Wilk, pray that the court issue zn order or m!e requiring the Plaintiff, Mark Wilk to show cause, if an:^ he has. why he should. not be heid In contempt of court and punished fe- Fallure to I " compiy with said judgment, 'for reasori&le attorney fecs, and for such other aind fxther 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

Signature

Center for Conflict

1 1 East Adcms, Suite 500
w Chicago. Illinois 60603 Phone; (312) 922-6464a www.cc:chicago.org

fiat.- CH 23086, c x ~ c l i $ awixh case 10 ~ id 1 0 i'4.3. OO? 2361

I -

Bk'fqXShWZip:

JUDGE WjLilhv

Judge

Judge's 80.

From: "Cathy Foley" ~cfoleyS0707@ya1ioo.corn>

Cathy Foley Paralegal for Thomas J. Tartaglia, Esq. Law Office of Maggio & Tartaglia 7819 W. Lawrence, Norridge, IL 60706 ph 708-453-7700 ~ 2 2 1 fx 708-453-7702 ***NOTE IF THIS IS A BUSINESS EMAlL RECEIVED AFTER 5PM IT WILL BE RESPONDED TO THE NEXT BUSINESS DAY.***

--- On Mon, 5/2/11, Doetsch, Janet ~jmdoetsch@koenigstrey.com>wrote:

From: Doetsch, Janet ~jmdoetsch@koenigstrey.com~ Subject: 337 Norman Lane To: "carzauto@att.net" ccarzauto@att.net>, "cfoley60707@yahoo.com" ~cfoley60707@yahoo.com~ Date: Monday, May 2, 201 1, 4:34 PM

Ted Wilk Thomas Tartaglia

IDear Sirs.

After several attemps to have showings on 337 Norman Lane, Wheeling, II we have not been successful. Mark Wilk lives there and will not let the showings take place. This is obstructing our abilitly to perform. Please advise. Jan and Jerry Doetsch

Please note-my email address has changed. Please update your records.

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

Glenview, 11. 60026 Jan Cell 847-456-9819 Jan Fax 566-291-5203 Jan Office 947-510-5013 Jan E-Mail JMDoei~cI;@K=i~stie~~.co~fl

MAY-11-2011

lC:52

DOETSCH

'Subjed:RE; Xo: Fw: Another showing cancelkd! on 337 Narmm

: (Sathy,Torn and Ted

: As

of March 2 1,2011---there have been 5 cancellations on 337 Norman Wheeling, 1 1

2 appointments in march--agent tries to set timc and- Mark docsn't allow -- - - - - -' 1 appointment in April =-same thing
-2

<

I /

: 2appointments i M a y 4 0 far---same thing. n

' With so mmy properties on thc market---appointments me very important to the sale of
j the property.
:

I this markct place--pcoplc want to view when convenient for them---not the person in n

; thc homc.

l Mark Wilk only allows appointments when convenient for him--Only allows showings ==with 2 how notiw--weekdays between 3 or 4 p.m. and 7p.m.

'Weekend showings by appointmait only---call kim.

b

This property has rcalIy bccn off markct ---wen though it is listed in the Multiple listing

i scrvicc.
I Jan and Jerry Dootsch.
,

Koenig $: Strey "Cile~~view The Glen" At

2630 Valor Drive Glmvisw, 1 . 60026 1

Jan Cell 847-456-98 19

f
l ; 866-29I-S203 ~

Jan Office 847-51 0-5013 Jan E-Mail JMDodsch@kocnigsUcy.corn

Kcenig & Stray R e d Llvlng

2630 Vdor Drlvc Glcnvlcw, IL 60026

847S10.5000 office

842510.5100fax
koenigstrey.cam

TOTAL P.OO1

Cell: 847-456-98 19

Fax: 866-231-5283
3W/IDsetsch@kaen-igstrey,co;

To:

\. bpr-Ont Kequesc: T h e ~ c i p i o f this T&sinlilc may make ir rcclwst ro the srndcr not to send any hrthcr facsimiles. ~ n ~ Ah such opt-out raqucst should be faxed bo 847-5 10-5 100 rsnd tlx rc.ques: musl idcntify the relap'honc numbcr(s) 01-tht fimirnile rtnachinc(s>t o which the opkvut rcquest applizs. Cpr-out requzsts m y bc faxed any I.imc, 24 hours a day m d 7 days zr wcck. The miltire by thc scnder to compiy wi:b an opr-oui rcqucst wirhin the h l f~ ~ r n c be deremaincd by i ~ to the FCC is unlawtiil.
This fucsinulc @mains privileged md conlidzntiwl infoanurio~t only fo; t l ~ c of the nddrcss(s) norcd abov6. Trycu usc are not thc htcnKed recipient oPthis facsimile o r ihc cmplcycc or 2g2n1r~sp011sibl~ dzlivcring it t g the incended for r2cipicn&you e c hereby nol.iticd that any r w i z w , Jisscmination or copying of this facsimile is smictly prohibi~d. If YOU hnvc rcccivcd rkis facsirnilr in c r o r , please irnmcdi~tcly ~ratifji by tclcplione ar ~ 7 - 10-5000 or- 8-47-51 0-501 us: 5 9 and return thc original r n e s s q t lo us at thc above iiddrcss. Thank you.
\ '

2430 Valor Road, Glenview, 11.60 Office: 847-518-5013, Fax: 846-291 -5283

Date:

14- /[

Dear Tam,

rc- contacted him 011 mand day to i ~ ~ r i k e appointment to view tbe home and do our %MA.1.k rehsed t o make z qymintincnt, Tricd again to make contact Tuescl;iy, Icft m :juice lnuil on his cell, phone. Please advise.

*'I:

--

and his amrney k m w this. DcEvery of the decd WQ & not h e ~ r i g i d c d wbd fraud in the f a c t ia h e execution o f the ~

my parent's death. I have d. Thtlre are other