I Attorneys At Law I

Andrew P. Maggio Jr. 7819 W. Lawrence Ave.

Thomas J. Tartaglia Norridge, Illinois 60706
Tel: (708) 453-7700 -
Fax: (708) 453-7702

December 10,20 10

Mr. Mark Wilk

337 E. Norman Lane
Wheeling, IL 60090-4525

Re: Wilk v. Wilk 10 M3 12961 10 GH 23086

Dear Mr. Wilk:

I am enclosing the draft settlement agreement and order to di;missthe pending cases.

If possible I would like to dismiss the case on December 1 7 when

~ ~ we appear in court.

I will inform the judge that the case has settled and that the motion is to be withdrawn.

I tried to make the agreement a simple as possible and it may also be signed in counter
parts so that we all don't need to sign one document.

Feel free to make additional copies and I will bring you signed copies as well once I
receive them fi-om Ted, Betty and Barbara.

Thank you for your cooperation.

Cc: Ted & Betty Wilk

Barbara Wilk
8011 - Dism. By Agreement
(This form replaces CCM1-613) CCM N613-10M-6/10/04 ( )

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

MUNlClPAL DEPARTMENT

Mark Wilk

pdo. 10 CH 23086 consolidated with case

Thaddeus Wilk, Betty L. Wilk, Robert Wilk and Irene 10 M3 0012961
Wilk et a1

ORDER

This matter having come before this Court upon the trial call and the Court having been advised in
the premises that all matters in controversy have been resolved between the parties, and by agreement of the
parties;

IT IS HEREBY ORDERED that this matter be and is dismissed. Further that this Court shall retain
jurisdiction of this matter in the event that any party fails to execute any necessary document, fulfill any
agreed to conditions, and/or pay the agreed settlement amount. -

That the date of 9 is hereby stricken.

Atty. No.: 12623

Name: THOMAS J. TARTAGLIA
. DEFENDANTS
~ t t yfor: 9

Address: 78 19 W. LAWRENCE AVE.

cityistatelzip: NORRIDGE, IL 60706
Telephone: 708-453-7700
Judge Judge's No.

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

 SETTLE-WENT AGREEMENT

This Settlement Agreement is made by and between Mark Wilk, Thaddeus Wilk,
Betty Wilk and Barbara Wilk herein collectively referred to as the "Parties" this day
of December 20 10.

WHEREAS, Thaddeus Wilk, hereafter "Ted" filed a forcible entry and detainer action
against Mark Wilk, hereafter "Mark" which is the subject of a lawsuit numbered 10 M3
001296 and currently pending in the Circuit Court of Cook County, Illinois. Mark has
filed a quiet title action against Ted, Betty Wilk, hereafter, "Betty" and Barbara Wilk,
hereafter, "Barbara" which is the subject of a lawsuit numbered 10 CH 23086 and
currently pending in the Circuit Court of Cook County. Said lawsuits have been
consolidated under case number 10 CH 23086 and shall hereafter be referred to as the
"Litigation"; and

WHEREAS, the Parties have attended a mediation with the Center for Conflict
Resolution hereafter "CCR" located in the City of Chicago, Illinois and successfully
reached a written settlement agreement; and

WHEREAS, the Parties mutually agree that it would be in their best interest to resolve
their disputes in accordance with the agreement reached at CCR a copy of which is
attached hereto and made a part hereof and on the terms set blelow:

NOW THERFORE, for and in consideration of these premises and for the promises and
mutual releases contained herein and for other good and valuable consideration the
sufficiency of which is hereby acknowledged and understood it is agreed as follows:

1. The Parties agree that the single family home locaied at 337 E. Norman Lane
in Wheeling, Illinois will be sold and listed for sale in an "As Is" condition by
Ted with a duly licensed Illinois realtor effective ihe date first written above.

2. The Parties agree that Mark shall remain and be allowed to reside at the
subject property until the sale of the property is completed.

3. The parties agree that the net proceeds from the sale of the property shall be
divided equally between Mark, Ted and Barbara whom are the Wilk siblings.
Betty the wife of Ted shall not share in the proceeds of sale.

4. Mark agrees that for so long as he resides at the subject property he shall be
responsible for all utilities as well the 2009 real estate taxes. The parties
represent to each other that all real estate taxes for the property have been paid
with the exception of the 2009 real estate taxes.
5. Mark agrees to allow the insurance agent, real estate agent and prospective
purchasers access to the subject property so that the property can be insured
and sold.

6. The parties agree that all customary closing costs: current insurance premiums
and attorney fees shall divided equally between Mark, Ted and Barbara and
shall be deducted from and reflected on the closi~llgsettlement statement once
the sale of the property is concluded. The title inwrance company shall be
directed at closing to issue checks to Mark, Ted and Barbara individually from
the net proceeds and Mark, Ted and Barbara agree to complete any required
title company documentation including but not limited to 1099 reporting
forns regarding the sale of the property.
-
7. This Settlement Agreement is a compromise of disputed claims in order to
avoid further costs of litigation. Nothing in this Settlement Agreement shall
be considered an admission of liability or wrongdoing by the parties.

8. No waiver, alteration, or modification of this Settlement Agreement shall be

valid unless it is in writing and signed by the party against whom it is sought
to be enforced.

9. This Settlement Agreement shall be construed, interpreted, and enforced

according to the laws of the State of Illinois. This Settlement Agreement may
be executed in counterparts and copies of signatures shall be deemed originals.

10. No promise, inducement, or agreement not expressed in this Settlement

Agreement has been made, and the terms of this Settlement Agreement
comprise the entire agreement between the Parties relative to the Litigation
and the disputes between them. This Settlement Agreement supersedes all
prior or contemporaneous oral or written understandings, statements,
representations, or promises. The Parties may exelxte this Settlement
Agreement in counterparts, each of which shall be: deemed an original. Copies
of the executed Settlement Agreement shall also ble deemed originals.

Each Party acknowledges that: (1) they have reviewed this Settlement
Agreement before signing below; (2) they have carefully read this Settlement
Agreement and fully understands its meaning and intent; (3) they have had this
Settlement Agreement explained to them by their counsel and understand its
legal consequences; (4) they agree to all the terns of the Settlement
Agreement and are voluntarily signing below; (5) the Settlement Agreement is
not the result of duress, coercion or undue influence; (6) the only
consideration for the Parties signing this Settlement Agreement are the terms
stated herein and no Party has made any other promise or representation of any
kind whatsoever to cause any other Party to sign this Settlement Agreement.
 12. When fully executed, the terms of this Settlement Agreement shall be binding - -
upon and inure to the benefit of the Parties' respective successors and assigns
and all parties claiming by or through them.

13. The Litigation shall be dismissed and the court shall retain jurisdiction to
enforce the terms of this Settlement Agreement.

14. In the event that any term or provision of this Sel tlement Agreement shall be
deemed to be unenforceable, illegal or invalid in ;my respect, such
determination shall not otherwise affect the validity or enforceability of any
other term or provision hereof, and the remaining provisions of this Settlement
Agreement shall remain in full force and effect.

15. The individual signing on behalf of each Party represents that s h e has the
authority to execute this Settlement Agreement on behalf of the Party for
which s h e is signing.

MARK WILK

THADDEUS WILK

BARBARA WILK

BETTY WILK
CCR Number

In the mediation between and

Center for Conflict Resolution

1 1 East Adams, Suite 500 a Chicago, Illinois 60603
Phone: (312) 922-6464 www.ccrchicago.org
 Tel (708) 453-7700
Norrldge, 1L 60706 Fay (708) 453-7702

Mr. Mark Wilk

337 E. Norman Lane
Wheeling, IL 60090-4525