IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TOM WENCKAITIS and ANTHONY 

MARSHALL, 

Plaintiffs,

v. 

SPECIALTY CONTRACTORS, INC. and 

JOHN O’HARA, owner of Specialty 

Contractors, Inc.

Defendants.

Case No. 20-CV-03743 

Hon. Sharon Johnson Coleman 

PLAINTIFFS’ MOTION FOR TURNOVER OF FUNDS

 Plaintiffs, by their attorneys, ask the Court to enter the order attached hereto as Exhibit A, 

instructing third-party citation respondent, American Community Bank & Trust, to turnover 

assets in its possession and that belong to judgment debtors Defendants Specialty Contractors, 

Inc. or John O’Hara. Plaintiffs state in support as follows: 

1. On July 11, 2023, this Court entered judgment in Plaintiffs’ favor in the amount 

of $84,625.57. ECF No. 87. It also entered judgment in favor of Specialty Contractors and 

against Tom Wenckaitis in the amount of $4,126. The judgment orders resulted in a net total 

judgment of $80,499.57 in favor of Plaintiffs. 

2. On August 25, 2023, Plaintiffs served a citation to discover assets on American 

Community Bank & Trust. Exhibit B. On August 28, 2023, Plaintiffs mailed a copy of the 

citation to discover assets to counsel of record for Defendants. Exhibit B at p.8. 

3. On August 28, 2023, American Community Bank & Trust served its answer to the 

citation, indicating that it had frozen over $160,000 of the Defendants’ assets in response to the 

citation. Exhibit C. 

Case: 1:20-cv-03743 Document #: 101 Filed: 08/31/23 Page 1 of 3 PageID #:1262
4. Plaintiffs now ask the Court to enter an order requiring American Community 

Bank & Trust to turnover funds that it is currently holding pursuant to the served citation in the 

amount of $80,499.57. The funds should be turned over to Plaintiffs’ counsel to be deposited in 

their client trust account. 

5. Plaintiffs further ask that any and all funds in excess of $80,499.57 should be 

returned to Defendants, that the freeze on the accounts be lifted, and that the Citation to 

American Community Bank & Trust be dismissed.

6. Defendants’ counsel has represented that Defendants oppose this motion. 

WHEREFORE, the Court asks the Court to grant Plaintiffs’ motion for turnover of funds 

and ask the Court to enter the Order attached hereto as Exhibit A. 

Dated: August 31, 2023 

Respectfully submitted,

By: /s/ Christopher J. Wilmes 

One of the attorneys for the Plaintiffs

Christopher J. Wilmes 

cwilmes@hsplegal.com

Emily R. Brown 

ebrown@hsplegal.com 

HUGHES, SOCOL, PIERS, RESNICK& DYM LTD.

70 W. Madison Street

Chicago, IL 60602 

Telephone: 312-580-0100 

Facsimile: 312-580-1994 

Case: 1:20-cv-03743 Document #: 101 Filed: 08/31/23 Page 2 of 3 PageID #:1263
CERTIFICATE OF SERVICE

The undersigned attorney hereby certifies that on August 31, 2023, he caused a copy of the 

foregoing Plaintiffs’ Motion for Turnover of Funds, to be served electronically via the Court’s 

CM/ECF system to the following parties: 

 John Lynch 

 Cremer Law LLC

 1 N. Franklin, Suite 900 

 Chicago, IL 60606 

jlynch@cremerlaw.com

 /s/ Christopher J. Wilmes

Case: 1:20-cv-03743 Document #: 101 Filed: 08/31/23 Page 3 of 3 PageID #:1264