STATE OF WISCONSIN
CIRCUIT COURT
MARATHON COUNTY
FAMILY COURT BRANCH
In re:
AMY M. WILK,
Petitioner,
Case No. 2007-FA-344
-and-
DONALD J. WILK,
Respondent.
NOTICE OF MOTION AND MOTION TO MODIFY THE ORDER TO SELL THE MARTIAL RESIDENCE
NOTICE OF MOTION
TO: Donald J. Wilk
600 Cancun Loop NE #801
Rio Rancho, New Mexico 57124
You are notified that at the following date and time:
Date: October 15, 2025
Time: 2:00 p.m.
Before: Honorable Lamont Jacobson
Marathon County Courthouse
Branch 3
500 Forest Street
Wausau, Wisconsin 54403
Our office will be asking the Court to create an order in this case as indicated below. If you object to this Motion, you must appear to say so. Otherwise, the Court may proceed without you and grant the request.
You may contact the office of the Court for written information on modifying and enforcing court orders or judgments.
If you require reasonable accommodation, due to a disability to participate in the court process, please call 715-261-1300 prior to the scheduled court date. Please note that the court does not provide transportation.
MOTION
NOW COMES Petitioner, Amy M. Wilk by her ATTORNEY CHRISTIAN ALLEN of SCHMIDT & SCHMIDT, S.C. as and for a Motion to Modify the Order to Sell the Residence.
Petitioner is hereby respectfully requesting from the Court an Order to Sell the Marital Residence which will require an amendment to the Marital Settlement Agreement (doc 1) (page 5) due to a substantial change in circumstances.
The Petitioner has not spoken to and/or has no whereabouts of the respondent, Mr. Donald J. Wilk.
Last known address of Mr. Donald J. Wilk as far the Petitioner is aware is: 600 Cancun Loo NE, #801, Rio Rancho, New Mexico.
Pursuant to the Martial Settlement Agreement the parties must cooperate in the sale and showing of the house, and a Quit Claim Deed must be completed to allow the parties as tenants in common.
The following issues are presented:
• A Quit Claim Deed was never completed to transfer the property the parties as tenants in common.
• The parties are unable to cooperate in the showing and sale of the property because the Respondent's whereabouts are unknown and therefore, he cannot reasonably participate in the sale.
• The property cannot be sold in accordance with the current language in the Martial Settlement Agreement.
The Petitioner requests the court make the following Order:
1. The Petitioner shall have the sole authority to show and sale of the property.
2. The Petitioner shall be entitled to the sole net proceeds of the sale of the property.
3. The Petitioner shall be granted sole ownership on all titles of the property.
Dated this 7th day of August, 2025.
SCHMIDT & SCHMIDT, S.C.
/s/ Christian Allen
Christian Allen
State Bar No. 1134129
Attorney for the Petitioner, Amy N. Wilk
Drafted by:
Schmidt & Schmidt, S.C.
123 Grand Avenue , PO Box 146, Wausau, WI 54402-0146
Ph: (715) 845-9621 Fax: (715) 845-2015
WNAXLP
September 22, 29, October 6 2025
LWIX0372933