IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

Mark Wilk,

Plaintiff,

v.

Thaddeus Wilk; Betty L. Wik; Barbara Wilk; )

Robert Wilk and Irene Wilk deceased Owners; ) ;!

Unknown Owners; and Non Record Claimants or )

Buyers (Contract for Deed), 1
Defendants. )

) Return Date: June 30,2010

COMPLAINT TO QUIET TITLE AND FOR OTHER RELIEF

Plaintiff, Mark Wilk, hereby files this Complaint to Quiet Title and for Other Relief,,and
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alleges in support thereof as follows.

INTRODUCTION
. .
1. By this action to quiet title, Plaintiff seeks a declaration that he has possessor$ ;
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interests to the residential property by virtue of inheritance, that the purported quit claim d e e d 3

Thaddeus Wilk which purported to convey title to the property from Robert Wilk and Irene Wilk is

void ab initio because it was a product of fraud in the factum (therefore title remains in the previous

grantors and subsequent inheritance by heirs to the property), and that all subsequent conveyances,

and buyers (contract for deed) or subsequently executed and purportedly encumbering the property

are void. Plaintiff seeks entry of an order declaring avoid the transfer of purported title allegedly

effected by the purported deed to Thaddeus Wilk and declare void subsequent claims or title by

Unknown Owners, Non Record Claimants or Buyers (Contract for Deed). Additionally, Plaintiff
seeks costs and damages for the wronghl conduct of the Defendants Thaddeus Wilk and Betty L.

Wilk as set forth below.

JURISDICTION AND VENUE

2. The Court has jurisdiction over the parties and the subject matter. All parties

necessary to the determination of this cause have been duly joined as defendants.

3. Venue is proper pursuant to 735 ILCS 5/2-103(b), because the real estate that is the

subject of this complaint is situated in Cook County.

PARTIES

4. Plaintiff, Mark Wilk ("Mark") is an individual and has possessory interests to the

Property and is a heir to his Parent's property. Plaintiff presently resides at and is in actual

possession and occupancy at 337 E. Norman Lane, Wheeling, Cook County, Illinois.

5. Defendant, Thaddeus Wilk ("Thaddeus"), is an individual and a heir who presently

resides at 6090 Frank Dr., Hoffman Estates, Cook County, Illinois.

6. Defendant, Betty L. Wilk ("Betty"), is an individual who is the wife to Thaddeus

Wilk, and who presently resides at 6090 Frank Dr., Hoffman Estates, Cook County, Illinois.

7. Defendant, Barbara Wilk ("Barb"), is an individual and a heir who presently resides

at 400 North La Salle St., Chicago, Cook County, Illinois.

8. Defendant Unknown Owners; Non Record Claimants or Buyers (Contract for Deed)
are any other individuals or entities who may have or claim an interest in the property described

below.

9. Defendants Robert Wilk ("Robert") and Irene Wilk ("Irene") are the deceased

Owners of the property who died intestate.

FACTUAL ALLEGATIONS

10. Plaintiff has possessory interests to and is a rightful owner to the property

commonly known as 337 E. Norman Ln., Wheeling, Illinois, (the "Home" or "Property"), and

legally described as follows:

Lot 7 in Block 4 in Dunhurst Subdivision Unit No. Four, being a Subdivision of

Part of the Northeast Quarter ( 114 ) of Section 10, Township 42 North, Range

11, East of the Third Principal Meridian, in Cook County, Illinois.

P.I.N. 03-1 0-1 10-024-0000

11. The Home is a single family residence.

12. Plaintiff has possessory interests to the Home by virtue of inheritance from his

mother, Irene Wilk (age 87), who passed away on November 27,2004. And his father, Robert Wilk

(age 87), who passed away on May 30, 1999. Parents held the property by Warranty Deed in joint

tenancy that was recorded with Office of the Cook County Recorder on June 17,1985 as Document

No. 85062810. Plaintiff is in possession of the original deed.

13. A purported quit claim deed to Thaddeus Wilk was drafted and prepared by a attorney and
 caused to be recorded by the same attorney with the Office of the Cook County Recorder on

April 19, 1999 as Document No. 99373297 together with the Release of Mortgage

Document No. 99373296. Plaintiff is in possession of the original deed and the release.

Deed was not delivered to Thaddeus.

14. On information and belief the "Statement by Grantor and Grantee" was provided by

Thaddeus or Betty to be part of the conveyance scheme, unbeknownst to Plaintiff at the time

of the fraudulent execution of conveyance. A copy of the purported Quit Claim Deed and

the Grantor and Grantee Statement that was recorded with the Office of the Cook County

Recorder is attached to this complaint as Exhibit "A" and becoming a part thereof.

15. The deed of conveyance and the certificate of acknowledgement together with the

"Statement by Grantor and Grantee" were not executed by Robert Wilk and Irene Wilk

before a Notary and the date on the deed and the statement by grantor and grantee was on

March 7, 1999, that was a Sunday.

16. The deed and the certificate of acknowledgement together with the statement by grantor

and grantee were signed on the date they bear.

17. The deed and the statement by grantor and grantee were fraudulently notarized by the

Notary.

18. The Notary never met Robert and Irene Wilk.

19. The Notary had no idea what their signatures looked like.

20. The same Notary fraudulently notarized a Power of Attorney ("POA") for Property and

POA for Health Care for each person of Robert and Irene.

2 1. The signatures of Robert Wilk and Irene Wilk on the two instruments "Power of Attorney

for Property" and that of Thaddeus Wilk as agent and Mark Wilk as successor agent were

not recorded with the Office of the Cook County Recorder for the purposes, including but

not limited, to conveying or to selling the property commonly known as 337 E. Norman Ln.;

Wheeling, Illinois.

22. No tax transfer stamps were affixed to the deed.

23. The deed didn't show or bear a signature by grantors that the property was a gift.

24. There were no required State and County transfer declarations forms signed by the

Sellers and Buyers (Robert Wilk and Irene Wilk as sellers/grantors and Thaddeus Wilk as

buyerlgrantee).

25. Thaddeus on March 7, 1999 took the stated instruments home to his wife and on

information and belief gave them to Betty who then took them to the bank where she was

employed and gave them to a Notary who was a employee at the same bank and the Notary
 fraudulently notarized the acknowledgements on the instruments. Together with the POA for

Property and Health for both Robert Wilk and Irene Wilk.

26. Thaddeus Wilk subsequently purchased a Home Owners insurance policy to a residential

home he didn't occupy or live in. The Home Owners policy was made out to "Wilk,

Thaddeus and Betty at 337 E. Norman Ln. Wheeling, Illinois". During 2003 there was hail

damage to the house and Thaddeus and Betty Wilk collected ($15,672.55) on the policy.

27. Thaddeus and Betty Wilk for years prior to March 7,1999 and subsequently thereafter

resided at 1403 Joyce, Palatine, in Cook County, Illinois. And on information and belief

they had a Home Owners insurance policy on that particular property.

28. The same Notary at the bank subsequently notarized other documents and instruments

for Thaddeus which affected title, that of a Grant of Easement to the Village of Wheeling on

August 04,2000. On the instrument as the grantor Thaddeus signed as "Ted Wilk" which

isn't his real name for recording purposes of legal instruments (such as driver license, deeds,

mortgages, etc.). Plaintiff is in possession of the original instrument. The instrument was

not recorded with the Office of the Cook County Recorder.

29. Plaintiff cofionted Thaddeus on numerous occasions to pay the Real Estate Taxes on

the property and by his actions and inactions he refbsed to do so, thereby placing the burden

on Plaintiff to keep the property fiom being sold at a county tax sale together with the

maintenance and repair to the Property.

 ROBERT WILK and IRENE WILK

30. At the time of and prior to the purported conveyance of March 7,1999 and subsequently

thereafter:

a. Robert Wilk at the age of 87 was dying from cancer (for two years prior to death) as is

evidenced by his Death Certificate and hospital records showing the date of death being May

30, 1999 at a facility of Northwest Community Hospital. He was taken to the hospital on or

about three days after April 19, 1999 and remained there till his death. Thaddeus using the

POA for health care for Robert Wilk signed a DNR (Do Not Resuscitate) order at the hospital.

Plaintiff was present and objected to that at the hospital because it was contrary to his father's

wishes stated in the POA for heath care. Robert had complete insurance coverage for health and

hospital care through Irene.

b. Irene Wilk (age 82) at the time and prior to that time of March 7,1999 was suffering from

dementia and other ailments. Her medical conditions are evidenced by hospital and nursing

home records. Robert was taking care of her, including but not limited to, preparing meals

for her as she wasn't able to prepare meals for herself.

c. Robert and Irene were foreign born and English was not their primary language. And their

education overseas was limited. They immigrated to the United States during the early 50's.

d. Both Robert and Irene Wilk died intestate and the only heirs to their Property were their two
 sons and a daughter, namely Mark Wilk, Thaddeus Wilk and Barbara Wilk.

e. Prior to January 1999, Plaintiff was conferring with an attorney regarding his parents, as it

appeared that his mother would have to go into a nursing home in the event of his father's

death. A statutory POA for property and health care was prepared and approved by the

attorney for each parent. Together with a purported deed (no "Statement of Grantor and

Grantee" was prepared nor State or County transfer tax forms in order to be able to

complete a conveyance of property so that it could be recorded at the Office of the Cook

County Recorder). Mark relied on the attorney to provide honest services and not to

misinform and uniform him. Subsequently on or about November 9,2006 the attorney sent

Mark a letter concerning the deed, which purpose was to mislead and misinform Mark.

f. During January of 1999 (January 29, 1999), Thaddeus was given the instruments and

Thaddeus was instructed to call Plaintiff when and if his parents were ready to execute the

POA instruments before a Notary, so that Mark could be present for the signing and

execution of the instruments. Plaintiff was a successor agent in the instruments.

g. March 7,1999 was a Sunday, Thaddeus was present at the house and Mark stopped over to

visit his parents. Mark asked Thaddeus about the status of the instruments and Thaddeus

went to get the instruments from his car. Unbeknownst to Mark was the "Statement of

Grantor and Grantee" that was inserted by Thaddeus into the other instruments. On

information and belief Thaddeus may have conferred with Betty or his attorney and may

have been advised or informed that in order to complete a purported conveyance to the
 property a "Statement of Grantor and Grantee" was needed for the deed to be recorded with

the Office of the Cook County Recorder.

h. On March 7, 1999 the purpose was that a POA for health care and property were needed in

the event of either of them would become incapacitated. And in the event that things would

be needed to be done would be covered by the POA for property and health care.

i. Robert and Irene did not read the contents of the POA for health care and property. On

information and belief Thaddeus deliberately provided no explanation to Robert and Irene.

j. A copy of the instruments they signed were not provided to them or left with Robert and

Irene thereafter. The deed was altered by the fraudulent acknowledgements and other

insertions after it was signed without grantors knowledge or assent.

k. There was fraud in the execution of the deed and the statement of grantor and grantee.

Plaintiff alleges that assent to the conveyance to Thaddeus of the Property was not given by

Robert and Irene and was unbeknownst to them. POA for health and property was the

purpose. This is further evidenced by the fact that Robert and Irene did not deliver

possession of the Property to Thaddeus. And remained in actual possession and occupancy

of the Property thereafter.

1. Thaddeus thereafter (March 7,1999) took the instruments home and gave them to Betty

who was employed by a bank and thereafter she had them fraudulently notarized by a
 Notary at the bank that was employed there. Betty was a Notary at the same bank at that

time.

3 1. On April 19, 1999, Mark stopped over to visit his parents and to see if they needed

anything to be done for them. His mother had a broken wrist due to a physical altercation with his

father. Mark phoned Thaddeus and thereafter Betty stopped over at the house and took Irene to be

admitted to the Hospital. Prior to that Robert was admitted to the hospital on March 13, 1999 and

was released on March 18, 1999.

32. After Irene was admitted to the hospital on or about April 19, 1999 she was thereafter

placed into a nursing home by Thaddeus using the POA for health care on or about April 23, 1999.

Thaddeus selected the nursing home and thereafter made application for her residency. A

Medicaid application using the POA for health care was completed by Thaddeus for the payment of

services at the nursing home.

33. On April 19, 1999, Mark stayed with his father for about three days and due to his

illness Robert had to be admitted to the Hospital again. Thereafter, Robert remained at the hospital

facility until his death on May 30, 1999.

34. After the funeral service for Robert, Irene was still at the nursing home. The nursing

home was constantly phoning Thaddeus at work concerning his mother attempting to run away and

of other problems.

35. Mark composed a letter to the nursing home which Thaddeus signed and submitted it

to the nursing home. The doctor released Irene from the nursing home on or about July, 1999 and
she was brought Home to reside and live there till her death at the Hospital on November 27,2004.

36. When Irene was brought Home on or about July 1999, Mark thereafter co-habituated

with Irene and took care of his mother and the Property until and even after her death of November

27,2004. Thaddeus by his actions and inactions, refused to pay the real estate taxes on the property

for the tax years of 1998 and other following years.

37. The funeral and burial expenses for Robert and Irene were not paid by Thaddeus.

Mark took care of the payment of those required and needed expenses.

38. On or about October 04,2006, Mark received in the mail from Thaddeus's attorney a

proposed Family Settlement Agreement. Barb was needed to be part of the proposed Agreement

and by her actions and inactions she refused to comply. On information and belief Thaddeus knew

her phone number and address from the information Barb provided Mark and Thaddeus at Irene's

funeral service on November 30,2004.

39. On information and belief the proposed Family Settlement Agreement was a sham and

a further fraudulent scheme by Thaddeus and his attorney to obtain wrongful possession to the

Property after the deaths of his parents.

40. Barb stated in an e-mail to Mark on September 9,2006 that she didn't want anything

from the Estate of Robert and Irene. Mark sent an e-mail to Barb on November 7,2006 and

provided her with a written Disclaimer for her to sign and to return to Mark.

41. Stipulations were provided to Thaddeus by Mark on November 15,2006 at his place of

employment. Thaddeus thereafter refused to sign any of the written Stipulations or a Disclaimer.

The Stipulations in effect stated the expenses and costs associated with the Property and who paid

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them.

42. On or about November 17,2006; Mark e-mailed Thaddeus's attorney concerning the

proposed Family Settlement Agreement. And provided Thaddeus's attorney with information

concerning the fraudulent conveyance of the Property to Thaddeus and of other matters. The

attorney forwarded the e-mail of November 17,2006 to Thaddeus and Betty.

43. On April 16,2010, Thaddeus filed a forcible entry and detainer Complaint against

Mark for possession and a claim to the Property in the Circuit Court of Cook County, Illinois,

Municipal Department, Third District; Thaddeus Wilk v. Mark Wilk; Case No. 2010-M3-00 1296

which is presently pending. Thaddeus alleges to be the sole owner to the Property and is entitled to

possession. Mark has possessory interests to the Property that cannot be adjudicated in a forcible

entry and detainer proceedings. Since the forcible entry and detainer court is a court of limited

jurisdiction.

44. Thaddeus Wilk has no right to evict Plaintiff from the Property. Mark claims

possessory interests to the Property.

WHEREFORE, Plaintiff asks this court to enter an order:

a. the quit claim deed to Thaddeus Wilk which purported to convey title to the Property

from Robert Wilk and Irene Wilk is void, ab initio;

b. declare the title transfer to Thaddeus Wilk was avoid;

c. declare that Plaintiff as a heir is entitled to all the rights of ownership to the property;

d. declare that the Home ownership title interests are restored to Plaintiff and the other

heirs;
 e. granting Plaintiff actual possession and occupancy of the Home;

f. Invalidating the title interests of any Unknown Owners and Non Record Claimants

or Buyers (Contract for Deed) whose pwported interests depend upon;

g. Award Plaintiff the costs of bringing this action;

h. Grant any such other and fkther relief as it deems equitable and proper.

Am. No. 99500 Mark Wilk

Mark Wi&
337 E. Norman Ln.
Wheeling, Illinois 60090-4525
630-202-1798

VERIFICATION

Under penalties as provided by law pursuant to 1-109 of the Illinois Code of Civil Procedure
the undersigned certifies that the statements set forth in this instrument are true and correct, except
as to matters therein stated to be on information and belief and as to such matters the undersigned
certi6js as aforesaid that he verily believes the same to be true.

June 01,2010

Mark Wilk Dated

SUPRERIE COURT RULE 137 CERTIFICATE

The undersigned party, certifies he has read the pleadings herein, that to the best of his knowledge,
information and belief, formed after reasonable inquiry, believes they are well grounded in fact and
warranted by existing law or a good faith argument for the extension, modification or reversal of
existing law, and that they are not imposed for any improper purpose such as unnecessary delay or
to h a r ~ or
s needlesdy increase tfie cost of litigation.

June 01,2010

Dated

ATTACHED: "EXHIBIT A" - copy of Quit Claim Deed and Statement of Grantor and Grantee.