3303

(7108110) CCG N003

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

v.

}

MARKWILK

THADDEUS WILK, et al.

To: Mr. Thomas J. Tartaglia - Attorney at Law 7819 W. Lawrence Ave.

NORRIDGE, IL. 60706

On ') \ - , "2.- '0 OetobCi £9, 2010 , at 9:30 AM ~::. or as soon thereafter as counsel

may be heard, I shall appear before the Honorable WILLIAM MAKI - Court Room 2302 or any Judge sitting in that

Judge's stead, in the courtroom usually occupied by bimlber, located at the RICHARD J. DALEY CENTER, 50 W. Washington.

Chicago , IUioois, and present

------------------------------------------------------------------------------~--,

the attached MOTION FOR DEFAULT

Name MARK WILK

Address 337 E. Norman Ln.

City/State/Zip Wheeling, IL. 60090-4525

AttY. No. 99500

--------------

Pro Se 99500

Attorney for _

Telephone 630-202-1798

o PROOF OF SERVICE BY DELIVERY

I, ,Qhe attorney Dnon-attorney certify that on the day of

---------------------------------------~ -----------

_________________ _' " I served this notice by delivering a copy personally to each person to whom it is directed.

Date -...2 _

Signature/Certification

[2] PROOF OF SERVICE BY MAIL

a copy to Mr. Thomas J. Tartaglia - Attorney at Law

I, MARK WILK ,Dhe attorney lZInon-attorney certify that I served this notice by mailing

------------------------------'

at 7819 W. Lawrence Ave., NORRIDGE, IL. 60706

(address <In eaveJ..pe) an~, d,e OS,iting the same in the U.S. Mail at CHICAGO POST OFFICE, CHICAGO, ILLINOIS, 60601

_ ., (place of mailing)

at . e 4:00 PM ~:~: on the 19 day of OCTOBER, 2010 , with proper postage prepaid.

[X I Under penalties as provided by 735 ILCS5/1-109 the signed person certifies that the statements set forth herein are true and correct.

Ds

2010

7010 0290 0001 0009 2391 ~_~~=_===~_~_~~~_~SERVICE (WHERE PERMISSIBLE)

I, Dhe attorney Dnon-attorney certify that on the day of

------------------------------ --------

, I served this notice electronically 0 via the Clerk's Office E-filing system, orOy

-----,

telefax transmission '- __ pages) with consent ofthe recipient where permissible under III. Sup Ct. R.1l, at fax no. _

at a.m.lp.m., from --::~-:-------_---.-;

(Place)

Date --c _

Signature/Certification

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.

MOTION FOR DEFAULT

Plaintiff, Mark Wilk pursuant to 735 ILCS 5/2-1301 (d) asks for a default finding or

judgment against defendants Thaddeus Wilk, Betty L. Wilk and Barbara Wilk and for granting the

relief plaintiff requested in the complaint. In support of plaintiff's motion he hereby states as

follows:

1. On June 1,2010 a Complaint to Quite Title and for Other Relief was filed against

defendants Thaddeus Wilk, Betty L. Wilk and Barbara Wilko The complaint requested relief from a

void or invalid conveyance to Thaddeus Wilk by the deceased grantors. And that the plaintiff is

entitled to the rights of ownership to the property. The plaintiff claims possessory interests to the

residential property.

2. The court has subject matter jurisdiction because the residential real estate is located

in Cook County, Illinois. The Complaint to Quiet Title and Other Relief states a cause of action.

-1-

3. August 11, 2010 without the service of process of a summons and Complaint on

defendant Thaddeus Wilk his attorney filed a voluntary Appearance and paid the required fee. The voluntary appearance of the attorney for Thaddeus Wilk would have to be within the 30 days from the filing of the Complaint on June 01, 2010. On June 01, 2010 a original Summons was issued by the Clerk of the Circuit Court of Cook County for Thaddeus Wilk, Betty Wilk and Barbara Wilk and were thereafter returned by a deputy Sherriff as being not served. Successive Alias Summons were issued by the Clerk of the Circuit Court. For Thaddeus, Betty and Barbara Wilko

4. Defendant Thaddeus Wilk has failed to file a responsive pleading or to plead to the

Complaint within the 30 days of June 1,2010. Successive alias summons were issued by the Clerk of the Circuit Court and were returned as being NOT SERVED.

5. On August 19, 2010 the court appointed a special process server for service of the

Alias Summons and Complaint. Alias Summons were issued by the Clerk of the Circuit Court for Betty L. Wilk and Barbara Wilk on August 19,2010. No alias summons was issued for Thaddeus Wilk as a voluntary appearance was made for Thaddeus Wilk by his attorney on August 11, 2010.

6. On August 21, 2010 defendant Betty L. Wilk was served with process of a Alias

Summons and Complaint. The Affidavit of Special Process Server was filed on September 13, 2010. And states: "That he served the within summons and a copy of the complaint on the within Defendant, Betty Wilk by leaving a copy of each with the said Defendant personally on August 21, 2010." Supreme Court Rule 102 (d) states that: "the failure of the officer or other

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to dismiss while being in a state of default. The court entered a order on October 15,2010 ordering a Briefing Schedule. Within the order the movant is stated as being "defendants" and that the movant "shall" file a brief in support of the MOTION on or before 10-15-10. Plaintiff contends this is an error. And to name the MOVANT as "defendants" is in error. Plaintiff states on information and belief that no brief in support of the Motion has been filed on or before 10-15-10 by the Movant.

12. On September 20, 2010 the defendant filed a defective notice of motion and a copy

of the motion was not attached. Plaintiff is not sure what motion to dismiss is or its contents that is presently before the court.

13. On September 21,2010 the attorney for defendant Betty L. Wilk filed another

defective notice of motion and what the contents of the motion are not certain. Or if it was filed and a file stamped copy was not attached to the notice of motion.

14. On October 15, 2010 a attorney appeared during the proceedings and asked leave to

file a appearance for Barbara Wilk instantanter. Barbara Wilk was not present for or during the proceedings or hearing. The court granted leave for the attorney to file a appearance for Barbara Wilk, As of this date plaintiff has no knowledge if a appearance has been filed for Barbara Wilko

15. Upon information and belief the attorney for Thaddeus Wilk and Betty L. Wilk has

not been authorized by Barbara Wilk to represent her. And during the hearing of October 15, 2010 the plaintiff was taken by surprise that the attorney would ask for leave to file a appearance for Barbara Wi1k instantanter. Thereby giving the court grounds for denying the relief asked for by the plaintiff in his motion for default. Barbara Wilk was not present or participated at the proceedings.

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16. During the October 15, 2010 hearing, the court wasn't fully advised of the premises

concerning plaintiff's motion for default against the defendants Thaddeus, Betty and Barbara Wilko

17. Default relief is limited to that which is specified in the demand for judgment.

WHEREFORE, plaintiff renews his request that the court fmd the defendants Thaddeus Wilk,

Betty L. Wilk and Barbara WiIk in default and grant plaintiff the relief that is specified in the

complaint. And that a Briefing Schedule for plaintiff smotion be entered by the court for a hearing

date.

Respectfully submitted,

Atty. No. 99500 MarkWilk

337 E. Norman Ln.

Wheeling, illinois 60090-4525 630-202-1798

MarkWilk

Dated: 10-19-10

-5-

· .....

,J, . Aftida'Yit of Special Process Server

coo N~SOM-lI28I05 (43480658)

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

-. ~.

No. 10 eft 23086

AFFIDAVIT OF SPECIAL PROCESS SERVER

.. · ..... H'II;rn summons and a copy oftbe complaint on the within named Defendant, ~_~ _

With'the said Defenda.t personally on ..:A...,u!t::q:Lu~s=t~2:.=1'___ __,

2010 .

n.

within summons and a copy oftbe complaint on the witbiD named DefeDdall~ ~_

___ ~ ~ byleaviagar;opyofeachatbWherasual pb~ of abode with

_________________ apen:on oftbefamily of the age of 13 years or upwards andiufonne<l

that penon of tile content thereof OB • and that further slhe mailed a

CfJPy of each in a sealed envelope witb pGstage prepaid addressed to the Defendant, _

athislher usual place of abode on ----------"-----'

m. (a) Tbat tbe sex~ race and approximate .age of ~be Defendant or (Jtber person with whom slb.e left the summons

are as follows: Sex F Race . W Approximate Age _;::.6-=-5 __

(b) 'l'hat the place where (d'poS8l"ble in terms of an.exact street address) and the date and time uftbe day when the summons was left with the Defendant or other person were as foB«n":

Pm~ 6090 Frank Dr., Hoffman Estates, IL 60192

Special Process Server SigBature

Signed and swom. before me: OR this _" __ ~2;.:3-=r~d,,---_ day of ;::A:.::;u~qut.=::s::.;t=--- -,-- __ ~~

2010,

UOFFICJAL SEAe Lorraine Meacham Notary Public. Stale of llinois My CommiSSion Expires 5/2812013

DOROTHY BROWN~ CLERK OF.

2128 - Served

2110 - Not Served 2320 - Served By Mail

2426 - Served By Publication . SUMMONS

2121 - Served

122t - Not Sened - =="'

2321 - Served By MJIiI

2421 - Served By Publication ALIAS - SUMMONS

{8I91/118)CCG N801

IN TIlE CmCUfl' COURT OF COOKCOUNTY.ILUNOlS

COUNTY DEPARTMENT. CHANCERY DMSION

MARKWILK,

(Name aD parties)

v.

THADDEUS WILK, et at

ALIAS - SUMMONS

To eaeb Defendant:

No. 1D-CH-23086

PLEASE SERVE DEFENDANT:

Betty W.iIk at

6090 FR.ANK DRIVE Hoffinan Estates, Il., 60192

YOU ARE SUMMONED aud rflIuired to file lUI aBSWW t& tH mmpIaiBt ill tftis ease, a cepy 9f nidl w hereto attadactl, or otherwise file yotlr appunmee. aad pay. the RqU:iRd fee. bt theOf'lil=e oftke Clerk of t1tis Ceert at the followiag Ioeation:

[] Distrid 1 - Skokie S600 Old Orchal"d Rd. SkoJiie" IL 60877

D Distrid: S - Bridgevie\¥ 10226 S. 76th Ave. Bridgeview. IL 6N5S

o District 3' - RoUiug ~s 21lt ElJdid

ReIfing ~ IL QJ8D8

[J District fi - MarldIam

t~l S. Ke4zie Pkwy. Mm-ktunn~ IL -604"26

El lUdlard J. Daley Center~ SO W. Washingtou. Room 80_~ __ --.J Cbicago~ IUinois 60602

IJ Distrkt 4 - Maywood 15110 Maybrook Aft.

"'w~ IL 6OtS3

[J Child Support

28 North Ouk St.r Room lag CIricsgo, IRinois 696&2

Yau must file within 30 days after service of tills Summoas,. aot eomatiIIg tile day of serviee.

IF YOU FAIL TO DO SO, At JUDGMENr BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE RELIEF REQUESTED IN THE COMPLAINT.

To the officer:

This Summons must be mumed by the oflker or odler penma to w1lom it wu give. fer servitt. "iftt eJadorstumrt ofservice2ndfees.if2ny.immediat~)yaftersenic:e. IfsenieeealllMJtlfe""ttrisSIlllllllG~It!Je"hlmedSOen4wsed.

This Summons may not be served later tlu"" 36 days after its date. .: ,_ -

,

Atty. N&.:_9YjOO _

NatBe: MARK WILK

Atty. fOr: ~ _

Address: 337 E... NORM..o\ .. l·i~-LN.

~---

CitylStatelZip: WHEELING, fL -60090-4325 ThJepbone: {ti30; 162- l"198

Servia by Faesilaile TnuJSIIlissioa wiIl __ eeptat lit: _

DOROTHY BROWN. CLERK OF THE CIRCUIT COURT OF COOK COONTY .. lLLlNOlS

-0

Aflid .. l'it or 5pedJd Process Server

CCG N068-SOM.-lIl8IQ5 (43480658)

IN THE CIRCUIT COURT OF COOK COUNTY, D...LlNOIS

No. 1Q Cft 23086

AFFIDAVIT OF SPECIAL PROCESS SERVER

______ ~J~o~h=n~G~a~1~·1~y~5L/~T~r~i~-~C~o~u~n~t~y~=Iun~y~e~sut~i~g~a~t~1~·O~n~s b~fir.K

daly sworD. on oath. deposes 8D.d says that slhe was appointed by the Court Gn __ _.,A~U~qu::>..:::"""s_"t'___"'1:.:9'__ ~~ 2 0 1 0

to. serve process in the above mentioned cause.

n. That slhe served the within summOBS and a copy of the oomplaint on the witbin named ~rellt~Jilili_~iiL_j!!ilfol._:_ _______________________________ --byka~acopyofeaehat

_______________________ apersonoftbefamilyoftheage ofU yell~~ruIP

that penon o.f the c()ntent thereof on ____" _" aDd·ofIiI~.~ fJ~te~!Ir4ile--lrnllW

copy of each in a sealed envelope with postage prepaid addressed to tke Defendant, ~~--"L'--,--,..,--,- __+__

at hislher usual place of abode on ---" ,.--_____ " , .- - ->~::i

m. (a) That the sex, race and approximate age of the Defendant or other person with whom slbe left the summons

are as follows: Se.x F Raee W Apprmimate Age 50 I S

(b) That the plaee where (if possible in terms of 31l e1ad. street address) and tile date ud time of the day when _the sumuwns was left with the Defendant or other penna were as -follo"Ml:

Pbce 4~O~O~N~=L~a~S~a=1=1~e~ __ ~t_=3~4~O~6~r~ __ C=h~i~c=a~g~o~,~I~L~ ~

D .... 9/1/10

a....- ~ __$----

T'uneofday- 8 :.15 PM

• m.

Special Process Server Signature

Signed and sworn before me on this _-'7'-'t=h~ day of __ --=S=e=p:;_:t::..;-=--- __. _-=2'-"'0-=1'-"0'---_

~ ~ Notary public

--? if

2120 - Served.

1220 - Not Served 2326 - Served By Mail

1420 - Served By Publication SUMMONS

~~

2121 • Served - -

lUI - Not Served

2321 - Served By Mail

2421 - Served By Publication ALIAS - SUMMONS

(8101/88) CCG NOOI

IN THE CIRCIDT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT. CHANCERY DIVISION

MARKWllK,

(Name all parties)

\'.

THADDEUS WILK. at at

ALIAS - SUMMONS

'>:'

To each Defendant:

No. 10-CH-23086

PLEASE SERVE DEFENDANT:

Barbara Wilk at

400 North La Salle S1. ; CEITCi\cnJ,rL.60654

YOU ARE SUMMONED and required to file an answer to the complaint in this case, a ~opy of whicb is hereto attached, or otherwise file your appearant~ and pay tbe required fee, in the O:tlke of the Clerk of this Court at the foUowing location:

[J District 2 - Skokie 5600 Old Orchard Rd. Skokie, u, 60077

D District 5 - Bridgevie\V 10220 S.16tb Ave. Bridge\'iew. u, 60455

o District 3 - Rolling Meadows 2121 Euclid

Rolling Meadows, IL 60008

o District 6 - Markham 16501 S. Kedzie Pkwy. Markham. IL 60426

m Ricbard.T. Daley Center, 50 W. Washington. Room 8_0_2 __ ---, Chicago. Dlinois 60602

o District 4 - Maywood 1500 Maybrook Ave. Maywood, n, 60153

o Child Support

2S North Clark St., Room 200 Cbicago. Dlinois 60602

Yon Blust file within 30 days after service of this Summons. not counting the day of service.

IF YOU FAIL TO DO SOt A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE RELIEF REQUESTED IN THE COMPLAINT.

To the ofilCer:

This Summons must be returned by the officer or other person to whom it was given for service, with endorsem .. t of service aDd fees. irany, immediately a:fterserviee. If sel'Viee e8D.DOt be mad~ this Summons shaD be returned so eBdorsed. This SUMmons may not be served later than 30 days after its date.

Atty. No.:_99_5_OO _

Name: MARK WllK

Atty. for: _

Address: 3,37 E. NORMAN LN.

CitylStatefL1p: WHEELING.IL. 6009()..4525

Telephone: (630) 202-1798

Doto~...e!by~ ... ~,,:..u.~t

".,O,,\WOtherpersoD) . _. :-._ _~-: ~

Service by Facsimile Transmission will be accepted at: 9..-..l1 _

(Ana Code) (Fusimile Te1eplloat Number)

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