Labor Day on the first day of September 1, 2014 reminds me how I have worked in Du Page County and in the Village of Lombard before September 2, 1993, when I was employed by Carmen Alonso Kenny & Associates as a Certified Legal Interpreter and Translator for Du Page County Arbitration Center for Workers’ Compensation, Traffic Court at 421 North County Farm Road and the 18th Judicial Circuit Court at 505 North County Farm Road in the City of Wheaton. I also worked at the old courthouse in Geneva, and the new courthouse in St. Charles for the Kane County Judicial Center, including Batavia. Plus, I was assigned interpreting and translation in Elgin and Joliet in Will County; as well as court-appointed legal interpreting in Waukegan, Lake County, and in Woodstock, McHenry County, and beyond to LaSalle County, and DeKalb, in Illinois. For more than twenty (20) years, I have been a commissioned Illinois Notary Public for Cook County first, then for Du Page County by the Illinois Secretary of State and the County Clerk’s Office.
While reading the Chicago Tribune, I found out that Interlate Systems Inc. and Pan Blanco in Elgin, Aurora, and Batavia, owned by Brad White, a former College of Du Page employee who was hiring a Certified Interpreter and Translator in English, Spanish, French, and Portuguese. I was interviewed and hired as a Certified Legal Interpreter and Translator by Jacquie Guiter and Rene Hofsteder at the Interlate Systems Inc. office which was located in Elgin Downtown, along Route 30, not far from the Elgin Police Station.
Before and after I got married to Nathan Scott Wittler Patriquin, I was working full-time, free-lance, and part-time on different jobs, occupations, and business sectors in the City of Chicago, Cook County, and outlaying suburbs of Du Page County, Kane County, Lake County, Will County, McHenry County, LaSalle County, DeKalb, and at my home business office.
In addition, I was working for Berlitz Schools at 2 North LaSalle Street in the City of Chicago with Milanka who was the Berlitz Method Trainer, Josepha and June, the receptionist. Then, I was assigned by Berlitz to teach for Beth, the Director, upon assignments from Sally at the Water Tower Place across from the John Hancock Center. Afterwards, Beth moved the Berlitz office to Hinsdale and later opened another Berlitz school in Oak Brook, Du Page County, Illinois USA. Beth at Berlitz assigned me to teach Berlitz Junior at the Butler Middle School on York Road, across from the Oak Brook Country Club and also at Brook Forest Elementary School, along 31st Street in Du Page County, Illinois USA.
After my Father, Mr. Roberto Hung purchased the Lombard Historic Brick Bungalow at 502 South Westmore-Meyers Road and Washington Boulevard, I was driving to and from work upon assignment for Certified Legal Interpreting and Translation, Teaching, Cross-Cultural Training, Consulting Language Social Media jobs for clients, Marketing Localization for AIM Translations managed by Karen in Bloomingdale, and other language work for Business Access Translation managed by Rosa Ridderbusch in Zurich, Illinois.
While I was working all day during mornings, afternoon, and evenings, Nathan Scott Wittler Patriquin and my Father, Mr. Roberto Hung, allowed intruders to roam, ransack, steal, and scatter business documents, a community certificate from the Chinese American Service League, personal belongings, an 18 Karat Gold Bracelet which has been heirloom jewelry that my Grandmother and family had given to me, fashion clothing, intimate apparel, and miscellaneous business and teaching resources which have been stolen and removed from my personal use by the Lombard Police Department and the Illinois Court Houses in Du Page County, Cook County, and other places in the Chicagoland area. I have even lost my Minolta Camera Flash, JVC Digital Film Cassettes, and other teaching media from my work environment after I moved to the Village of Lombard on September 2, 1993.
I have also lost two (2) Tennis Rackets and Tennis Balls, a Tachikara Volleyball, Golfsmith Putting Golf Club, Golf Shoes, Golf Balls, and many other valuables which have been stolen from my Lombard home, allowed by the Lombard Police Department in District 5, York Township, Du Page County, Illinois USA.
In 1992, my Mother Mrs. Gardenia Fong Ramos and my youngest brother Robert S. Hung with his boyfriend Paul Rathe purchased a Lombard home with homeowners’ credit and a cash down deposit of $10,000 given by my Father Mr. Roberto Hung from his IRA retirement funds. Then, they moved to the Lilac Town with a Pomeranian dog near Sunset Knolls Park District on Finley Road, Sacred Heart Catholic Church on Elizabeth Street, and Lilacia Park near Main Street in the Village of Lombard, Du Page County, Illinois USA. Randy Stob is the Lombard realtor who sold my brother Robert the real estate property in Du Page County and deliberately set out to bring the rest of the family of Mr. Roberto Hung Juris Doctor, his Daughter, and Husband to buy a Lombard home in Du Page County, Illinois.
When Paul Rathe, a young urban gay who lived on Roscoe Street near Halsted Street, Boys Town and Lakeview in Chicago, convinced my youngest brother and mother to buy a Lombard home and move to the western suburbs in Du Page County during 1992, he did not tell them that buying Lombard real estate would cause chronic health and medical problems for them, long-term disease, psychiatric problems, violence against women, assault, physical abuse, biomedical and bio-sexual transgendered studies, hospitalizations, traumatic brain injuries, head concussions, tragedy, family death, and abuse of human rights in housing under the law in York Township, Illinois, USA.
Paul Rathe introduced my brother and mother to Baird & Warner realtor Paulette Weininger who found a Lombard home for them at 342 West Harrison Street near Sacred Heart Catholic Church on Elizabeth Street, Finley Road and Main Street close to Walgreens, near the Du Page County Crisis Unit, a Medical Group Practice located at 440 South Finley Road and Washington Blvd. in the Village of Lombard, Illinois 60148 USA. Linda Schuster who lived in Westmont was the girlfriend of Paul Rathe who referred my brother and mother to buy a house in Village of Lombard, also known as Lilac Town for the annual Lilac Parade celebration near Main Street in Spring time.
Randy Stob, the Lombard realtor who sold them the real estate property at 342 West Harrison Street near Elizabeth Street and Finley Road, began to encourage my brother Robert S. Hung and my Mother to bring other people in the family, to include her Daughter with her father and husband to buy Lombard real estate property in Du Page County, Illinois USA.
Since my Mother and Brother purchased Lombard real estate property from the same Lombard realtor, I have been kidnapped four (4) times during the course of employment and from my Lombard home in District 5, York Township, Du Page County, upon return from working by friends of the Lombard realtor and his associates in the Du Page Realtors Association in Illinois USA.
I had already worked as a Certified Legal Interpreter and Translator in Wheaton, Geneva, Oak Brook in Du Page County, as well as St. Charles, Batavia, Elgin, Aurora in Kane County, and DeKalb, Illinois.
During June 1993, Mr. Roberto Hung started looking to purchase real estate property for a home in Du Page County near my brother and mother in Lombard, Illinois. After my Father, myself, and my husband purchased a historic Lombard Brick Bungalow at 502 South Westmore Avenue and Washington Boulevard, near Saint Pius X Catholic Church, we began to invite and entertain family and friends at our Lombard home in District 5, Du Page County, Illinois USA. During April 1994 and Lilac Time, the family of Mr. Roberto Hung Juris Doctor entertained and hosted Nathan S. Wittler’s retired Christian missionary parents, Reverend Melvin A. Wittler and Mrs. Nancy Wittler Patriquin who were travelling in the Chicago area and the United States on furlough from Istanbul, Turkey, in the Middle East.
In addition, my Mother’s youngest sister, Mrs. Xiomara Fong Ramos de Zayas from Santiago de Cuba, was invited to visit the Village of Lombard for six (6) months to stay with her oldest sister whom she had not seen in more than twenty (20) years—our family had left Cuba during the Catholic Freedom Flights and arrived in Miami, Florida on July 19, 1971. My parents, Mr. Roberto Hung and Mother Mrs. Gardenia Fong Ramos, chose to relocate to Chicago, Illinois sponsored by Catholic Charities.
After my Mother’s sister, Aunt Xiomara Fong Ramos de Zayas, visited the Village of Lombard in 1994, I was kidnapped after I completed an interpreting assignment for Interlate Systems Inc. in Aurora, Kane County, Illinois USA. I was working as a Certified Legal Interpreter and Translator, also as commissioned Illinois Notary Public for more than twenty (20) years, working with Action Translation Bureau managed by Joseph Raudonis in Palos Heights, Carmen Kenny & Associates in Arlington Heights, Interlate Systems Inc. in Elgin and Batavia, Kane County, and other translation agencies affiliated to the Chicago Area Translators Association (CHICATA) and the American Translators Association (ATA) under the aegis of the Federation of International Translators (FIT).
My name is Gardenia C. Hung, estranged spouse of Nathan Scott Wittler Patriquin, DOB December 27, 1958, Age 55 years old, eldest daughter of the late Mr. Roberto Hung Juris Doctor and his surviving widow Mrs. Gardenia Fong Ramos, DOB February 2, 1938, a disabled, retired senior citizen, 76 years of age, who was transferred from Elmhurst Memorial Hospital during the year 2006 to the Chicagoland area unbeknown to me, her first daughter who is a Lombard resident homeowner and was living at 502 South Westmore Avenue and Washington Boulevard in District 5, York Township, Du Page County, Illinois 60148-3028 USA.
Eight (8) years have passed since I last saw my Mother, Mrs. Gardenia Fong Ramos, who is now a disabled senior citizen living on the north side of Chicago, 48th Democratic Ward, in the Edgewater neighborhood, near Loyola University, Lake Shore Campus by Lake Michigan, Illinois USA.
I am a Lombard resident homeowner and Catholic parishioner near St. Pius X Catholic Church, who was helping my Mother Mrs. Gardenia Fong Ramos, widow of the late Mr. Roberto Hung Juris Doctor, after her forced hospitalization to the Psychiatric Ward in the care of Dr. McKenna and Social Worker Tilary at Illinois Masonic Medical Center by Jim Wilbrot, Sally, Timothy Tromasina, James and his friends in Oak Park, who committed her with the Chicago Police Department on Addison Street near Halsted Street , In the Lakeview and Boys’ Town neighborhoods during 2005.
I have not seen My Mother since January 12, 2006 when I found her injured at our Lombard Brick Bungalow, 502 South Westmore-Meyers Road and Washington Boulevard, across Mrs. Shimek’s green home and Robyn’s brick brownstone.
Eight (8) years have passed since the Du Page County Clerk Gary King told me that my Mother was dead, but I did not believe him when I replied that my Mother was not dead. Du Page County and Cook County Social Workers and other medical facilities in Illinois have not contacted me as my Mother’s daughter and next-of-kin family member, even when my Mother was staying with me as a Lombard resident during November and December 2005, and January 2006.
Copyright 2014 GHung’s Blog. All Rights Reserved.
Category: Malicious Prosecution
STATE OF ILLINOIS UNITED STATES OF AMERICA COUNTY OF DUPAGE
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT COURT
THE VILLAGE OF LOMBARD, an Illinois Municipal Corporation, et al.,
Plaintiff,
vs.
GARDENIA C. HUNG, ROBERT S. HUNG, as Trustees of the Trust Agreement Designated as Roberto Hung Supplemental Care Trust, JEFFREY D. PAPENDICK, a tax purchaser, and NON-RECORD CLAIMANTS AND UNKNOWN OWNERS ,
Defendant )
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DEFENDANTS’ MOTION FOR FOURTH OBJECTION TO THE VERIFIED COMPLAINT IN OPPOSITION TO THE PLAINTIFF’S MOTION TO STRIKE
DEFENDANTS’ MOTION FOR A FOURTH OBJECTION TO THE VERIFIED COMPLAINT IN OPPOSITION TO THE PLAINTIFF’S MOTION TO STRIKE
Comes now Gardenia C. Hung as PRO SE, on behalf of the Defendants, to present a Fourth Objection to the Verified Complaint for Demolition and for Injunctive Relief, in opposition to the Plaintiff’s Motion to Strike filed by Counsel Howard C. Jablecki, et al. and its attorneys at Klein, Thorpe & Jenkins, Ltd., during 2008 National Crime Victims’ Rights Week, pursuant to the Constitution of the State of Illinois, Preamble, Article 1, Bill of Rights, and the Fifth and Fourteenth Amendments to the U.S. Constitution, as Victims of Crime in the Village of Lombard, Du Page County, Illinois, United States of America, on legal grounds for obstruction of justice, malicious prosecution, and abuse of the legal process. The Defendants are Victims of Crime in the Village of Lombard.
For the record, Counsel Howard C. Jablecki, et al. mailed the Plaintiff’s Response with an U.S. postmark on April 10, 2008, instead of the legal date on April 9, 2008.
Please take notice that Counsel for the Plaintiff is at fault for delaying construction, restoration, and preservation plans for the Lombard Historic Brick Bungalow owned by the Estate of Roberto Hung Supplemental Care Trust and the Hung Family. Plaintiff filed a Verified Complaint on May 23, 2007, several months after Gardenia C. Hung, et al. proposed restoration, construction, renovation, and preservation stated in EXHIBIT C for Contracts A-1, B-1, and C-1, attached hereto as evidence of contractual agreement with the Zees Group.
For the record, Gardenia C. Hung as PRO SE for the Defendants is in compliance with Section 2-610 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-610 (a), in denying each and every allegation of the Verified Complaint for Demolition and for Injunctive Relief presented in the Defendants’ Third Amended Response/Answer to Summons with the Defendants’ Motion to Compel a Court to Repair the Subject Property accompanied by a Third Objection to the Verified Complaint for Demolition and for Injunctive Relief.
Defendants hereby object in opposition to the Plaintiff’s Motion to Strike and reinstate their petition to redress grievances as Victim of Crime in the Village of Lombard, for all damages and losses, as well as personal injury caused by Plaintiff, the Lombard Police Department, Keith Steiskal and the Lombard Fire Department, Bureau of Inspectional Services, as well as the community-at-large in Du Page County and the State of Illinois.
WHEREBY, Defendants support the Third Amended Response/Answer to Summons as a Counterpoint at Issue Legal Memorandum in Opposition to the Verified Complaint for Demolition and for Injunctive Relief, in order to support EXHIBIT C, Contracts A-1, B-1, and
C-1 for restoration, renovation, and preservation of the Lombard Historic Bungalow, pursuant to legal grounds for “action for inverse condemnation, conversion of real property, consumer service fraud, breach of the fair housing partnership resolution contract, and real estate liability for Lombard Old Houses, in Du Page County, Illinois, United States of America.
WHEREFORE, Defendants pray for a Court Order to sustain the Motion to Compel Court Order to Repair the Lombard Historic Brick Bungalow, pursuant to legal grounds for action under the continuing damages theory, the doctrine for inverse condemnation, consumer service fraud, conversion of real property, and discrimination, subsequent to the Civil Rights Act of 1866, the Equal Rights Amendment to the U.S. Constitution, the Fifth and Fourteenth Amendments, the Constitution of the State of Illinois, Preamble, Article 1, Bill of Rights, and the Illinois Victims of Crime Act, Illinois Consumer Protection Act, Federal Trade Commission Act, 15 USC §45 et seq. and 16 CFR, the Illinois Home Repair and Remodeling Act, the Illinois Human Rights Act with Protections in Housing under the Law, Hate Crimes Local Law Enforcement Enhancement Act, Housing and Urban Development Act.
Pursuant to the Illinois statutes for Consumer Service Protection against Consumer Service Fraud, Deceptive Business Practices, and Prohibited Business Practices, Defendants hereby petition to sustain this Fourth Objection to the Verified Complaint and object to the Plaintiff’s Motion to Strike filed by Counsel Howard C. Jablecki.
In addition, Defendants pray for extraordinary remedy and relief, in the form of justice, compensation, and severance restitution for damages and losses under the doctrine for inverse condemnation, with justice, fairness, and equity to provide cash remedy and monetary relief for compensation and indemnity to the aggrieved, pursuant to 735 ILCS 5/Art. II et seq., civil practice law, and the rules of the Supreme Court in the State of Illinois, under the Constitution of the United States of America, and under God.
VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, to the best of my ability, so help me God.
Dated this 16th day of April, 2008
(RESERVED SIGNATURE)
GARDENIA C. HUNG,
PRO SE
502 S. WESTMORE-MEYERS ROAD
LOMBARD, ILLINOIS 60148
UNITED STATES OF AMERICA
GHUNGMA@GMAIL.COM
State of Illinois United States of America County of Du Page
In the 18th Judicial Circuit Court
Village of Lombard,
Plaintiff,
vs.
Gardenia C. Hung and Robert S. Hung, Trustees of the Trust Agreement Designated as the Roberto Hung Supplemental Care Trust, Jeffrey D. Papendick, a tax-purchaser, and non-record claimants and unknown users
Defendants
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Case No.:2007CH001284 Consolidated
Case No.:2006OV005982, LO25448NT;
Case No.:2006OV005983, LO25449NT;
Case No.:2006OV004446, LO12418NT; LO12419NT
NOTICE OF FILING
DEFENDANTS’ MOTION FOR RECONSIDERATION TO DISMISS AND STRIKE THE VERIFIED COMPLAINT WITH A SECOND OBJECTION TO THE SAME PLAINTIFF’S VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF
Attn. Judge Ken Popejoy, Chancery Division To:Circuit Court Clerk
18th Judicial Circuit Court Mr. Chris Kachiroubas
505 North County Farm Road 505 North County Farm Road
Wheaton, Illinois 60189-0707 USA Wheaton, IL 60187 USA
CC: Law Firm of Klein, Thorpe and Jenkins, Ltd.
Mr. Howard C. Jablecki, et al. Attn. Mr. Joseph E. Birkett
Attorneys for the Plaintiff Illinois State’s Attorney
20 North Wacker Drive, Suite 1660, 503 North County Farm Road
Chicago, Illinois 60606-2903, USA Wheaton, Illinois 60187 USA
Tel. 312-984-6400; To Whom It May Concern
DEFENDANTS’ MOTION FOR RECONSIDERATION TO DISMISS AND STRIKE THE VERIFIED COMPLAINT WITH A SECOND OBJECTION TO THE SAME PLAINTIFF’S VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF
Now comes Gardenia C. Hung, as Defendant Pro Se, to reinstate all of the Defendants’ responses and supporting arguments in this Motion for Reconsideration to Dismiss and Strike the Verified Complaint with a Second Objection to the same Plaintiff’s Verified Complaint for Demolition and for Injunctive Relief, on legal constitutional grounds upholding the Illinois homeowner’s right to repair Lombard real estate property pursuant to the Constitution of the United States of America, the State of Illinois Constitution, the Bill of Rights, Victims of Crime Act, Illinois Human Rights Act, Housing and Urban Development Act, Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq.; 815 ILCS 505/2 et seq., Unlawful Prohibited Practices; 815 ILCS 510/1 et seq., Uniform Deceptive Trade Practices Act; Federal Trade Commission Act, 15 USC §45 et seq.
Counsel Howard C. Jablecki’s response for the Plaintiff disregards U.S. constitutional issues in this legal action, since in the State of Illinois, Lombard homeowners have constitutional rights to repair Lombard Historical real estate property in the County of Du Page, United States of America. Mr. Jablecki is subject to perjury upon stating that, “In this case, Defendant Hung has not provided adequate grounds for this court to reconsider its denial of the motion to dismiss…” “Defendant Hung has alleged no newly discovered facts, no change in the law, and no error in this Court’s application of the law aside from its use of “fancy legal terms”. (Village of Lombard v. Gardenia C. Hung and Robert S. Hung, et al., Plaintiff’s Response to Defendant’s Motion for Reconsideration of Motion to Dismiss, Page 3).
For the record, Defendants petition to reinstate all legally filed evidence, as follow:
1. Defendants’ Response/Answer to Summons. Counterpoint: At Issue Legal Memorandum in Opposition to the Verified Complaint for Demolition and for Injunctive Relief to Support the Defendants’ Compulsory Counterclaims to Setoff/Offset the Verified Complaint from Plaintiff on legal grounds for “action in trover”, criminal conversion of property, consumer service fraud, breach of the Fair Housing Partnership Resolution Contract and Real Estate Liability for Lombard Old Houses.
2. Affidavit of Damages in Excess of $50,000.
3. Amended Defendants’ Response/Answer to Summons. Counterpoint: At Issue Legal Memorandum in Opposition to the Verified Complaint for Demolition and for Injunctive Relief to Support the Defendants’ Compulsory Counterclaims in the sum of $2,000,000, two million, to Setoff/Offset the Verified Complaint from Plaintiff on legal grounds for “action in trover”, criminal conversion of property, consumer service fraud, breach of the Fair Housing Partnership Resolution Contract and Real Estate Liability for Lombard Old Houses.
4. Abridged to 10 Pages, Defendants’ Response/Answer to Summons. Counterpoint: At Issue Legal Memorandum in Opposition to the Verified Complaint for Demolition and for Injunctive Relief.
5. Defendants’ Motion for Discovery, Exhibit A, to Petition Attorney’s Fees under §10(A)C of the Consumer Fraud Act for “action in trover”, in the sum of $32,497.41
6. Defendants’ Amended Petition, Exhibit B, in Motion to Accept All Legal Expenses in the sum of $33,725.41 for Reimbursement Pursuant to Supreme Court Rule 137 and §10(A)C of the Consumer Fraud Act, 815 ILCS 505/1 et seq.
7. Defendants’ Combined §2-615 Motion to Dismiss and §2-619 Motion to Strike the Verified Complaint for Demolition and for Injunctive Relief pursuant to Supreme Court Rule 137.
8. MOTION FOR DISCOVERY, EXHIBIT C, AS EVIDENCE FOR CONTRACTS A-1, B-1, AND C-1, AS PROOF OF PROPOSED PLANS FOR RESTORATION, REPAIR CONSTRUCTION, REMODELING, AND REHABILITATION IN ORDER TO BRING THE LOMBARD HISTORICAL BRICK BUNGALOW INTO COMPLIANCE WITH MUNICIPAL BUILDING CODE.
9. SUBPOENA REQUEST FOR PLAINTIFF TO PRODUCE ALL HOUSEHOLD KEYS
BELONGING TO DEFENDANTS, ET AL. AT 502 S. WESTMORE-MEYERS ROAD, LOMBARD, ILLINOIS 60148-3028, UNITED STATES OF AMERICA.
10. 1993-2007 DAMAGES AND LOSSES AT THE HUNG FAMILY REAL ESTATE AT
502 SOUTH WESTMORE-MEYERS ROAD, LOMBARD, DUPAGE COUNTY, ILLINOIS 60148-3028
MEMO OVERVIEW REPORT BY GARDENIA C. HUNG, M.A., DAUGHTER OF THE LATE MR.
ROBERT HUNG, J.D.
11. DEFENDANTS’ MOTION FOR OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION
AND FOR INJUCTIVE RELIEF.
12. DEFENDANTS’ MOTION FOR RECONSIDERATION TO DISMISS AND STRIKE THE VERIFIED
COMPLAINT WITH A SECOND OBJECTION TO THE SAME PLAINTIFF’S VERIFIED COMPLAINT
FOR DEMOLITION AND FOR INJUNCTIVE RELIEF.
Plaintiff’s response states improper opinions, contrary-to-fact statements, and fails to consider all of the newly discovered evidence presented and filed in conformity to proof before this court, along with all the supporting arguments reported by U.S. law enforcement agencies and the State of Illinois on behalf of the Defendants, included as a Second Objection to the Verified Complaint for Demolition and for Injunctive Relief.
Defendants hereby reinstate all the legal documentation and supporting arguments presented to date before this court, in this Motion for Reconsideration to Dismiss and Strike the Verified Complaint with a Second Objection to the same Plaintiff’s Verified Complaint for Demolition and for Injunctive Relief. For the record, Defendants have submitted into evidence as Exhibit C, Contracts A-1, B-1, and C-1, underwritten by ZSC INSURANCE RESTORATION SERVICE, LLC., P.O. Box 56553, Chicago, Illinois 60656-0553, ZeesGroup.com, in conformity to proof of the proposed plans for Restoration, Renovation, Repair Construction, Remodeling, and Rehabilitation presented during November 2006 and January 2007, by Gardenia C. Hung, in order to comply with the Village of Lombard Municipal Building Code Violations caused by the Plaintiff in this legal ‘action in trover’ and ‘conversion’ of the Lombard Historical Brick Bungalow owned by the Hung Family in Du Page County, Illinois, United States of America.
The Hung Family is seeking monetary compensation for Damages and Losses to include Contracts for Special Disaster Restoration Construction Repair Services in the sum of $281,830US contracted and underwritten by ZSC Insurance Restoration Services LLC for repair at the expense of the Village of Lombard Community and DuPage County.
Plaintiff’s Counsel Howard C. Jablecki presents false arguments based on improper opinions and hearsay, not well supported in fact to justify condemnation, demolition, and injunctive relief without affording to the Defendants the option to repair with due process and just payment in “cash” for compensation at a fair market value upon sale of the Lombard Historical Brick Bungalow owned by the Hung Family, under the Bill of Rights and the Constitution of the United States of America and the State of Illinois. Defendants as Lombard homeowners have the right to repair this Lombard Historical Brick Bungalow in Du Page County, Illinois, United States of America.
Counsel Howard C. Jablecki’s allegations for demolition and for injunctive relief do not state a public purpose or present specific plans for reuse of the Lombard Historical Brick Bungalow by the Village of Lombard, et al. The Verified Complaint fails to prove that the Lombard Historical Brick Bungalow is “Unfit for Human Habitation”, since the Hung Family has been Lombard resident homeowners since 1993 to date, in 2008, for the last 15 years now.
Consequently, Defendants have petitioned to redress grievances as victims of crime in the Village of Lombard, Du Page County, Illinois, based on constitutional grounds, as follow:
Section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1) pertaining to demolition by a municipality is unconstitutional because it does not allow the Defendants, as Lombard resident homeowners in Du Page County, Illinois, the right to repair the Lombard Historical Brick Bungalow at 502 S. Westmore-Meyers Road, owned by the Hung Family. In City of Aurora v. Meyer, 38 Ill. 2d. 131 (1967), the Supreme Court construed the statute as meaning that, “if the specific defects that render a building dangerous and unsafe ‘may readily be remedied by repair’, demolition should not be ordered without giving the owners a reasonable opportunity to make the repairs.” Furthermore, in the previous Supreme Court Rule 23 (166 Ill. 2d R. 23) order (Village of Lake Villa v. Stokovich, No. 2-00-0943 (2001), the Illinois Supreme Court in the exercise of its supervisory authority directed the presiding judge to vacate the judgment in the Circuit Court of Lake County ordering demolition and to address the Defendants that Section 11-31-1 is unconstitutional. Defendants assert that ordering demolition without giving a homeowner a reasonable time to repair her/his property without considering the cost constitutes an unlawful infringement upon rights of real estate ownership and/or a due process violation;
Section 11-31-1 constitutes an invalid delegation of legislative power in the Village of Lombard, Du Page County, Illinois, in the United States of America;
Plaintiff and Counsel, Howard C. Jablecki et al. are abusing the Court’s discretion in “scienter” with guilty knowledge, as accomplices for direct cause of action for Damages and Losses to the Lombard Historical Brick Bungalow, as noted on record, and by non-disclosure and/or exclusion of key evidence leading to the current damages, losses, and disrepair of the subject property;
This Court is abusing the Defendants, as Lombard resident homeowners, by admitting the Plaintiff’s speculation as improper opinions, not well grounded nor supported by facts of evidence for restoration and preservation of the Lombard Historical Brick Bungalow, already on record to comply with provisions of the municipal building code;
Keith Steiskal’s finding on May 5, 2006 as stated, does not validate that the Lombard Historical Brick Bungalow is dangerous and unsafe, requiring demolition under Section 11-31-1. Keith Steiskal’s “improper opinions and hearsay” under Section 11-31-1 is against the manifested weight of evidence and the Defendants’ proposed restoration plans which have sought alternative remedy and relief in the form of bringing the subject property into compliance;
This Court has erred in denying the Defendants’ Combined §2-615 Motion to Dismiss and §2-619 Motion to Strike the Verified Complaint for Demolition and for Injunctive Relief, based on the presiding judge’s “improper opinions and hearsay” about “improper language” and “fancy legal terms”, abuse of the legal process, malicious prosecution, “scienter”, negligence per se, consumer service fraud, and obstruction of justice;
The municipal ordinance violations alleged in Counts I, II, and II for Injunctive Relief do not apply to the subject property, nor are these allegations supported or warranted by existing laws under the Constitution of the United States of America, the State of Illinois Constitution, Bill of Rights, Victims of Crime Act, Human Rights Act, Housing and Urban Development Act, Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq., 815 ILCS 505/2 et seq., Unlawful Prohibited Practices; 815 ILCS 510/1 et seq., Uniform Deceptive Trade Practices Act; Federal Trade Commission Act, 15 USC §45 et seq., and
The Court’s order on Monday, November 29, 2007 by Judge Kenneth Popejoy, based on “improper use of language and fancy legal terms” is still so deficient as to require a Judicial Review for Reconsideration pursuant to legal, constitutional grounds under the Constitution of the United States, and the State of Illinois Bill of Rights.
Defendants hereby present a Second Objection to the Verified Complaint for Demolition and for Injunctive Relief in this petition to redress grievances as victims of crime. Please take notice that assertion by the Defendants of Lombard homeowners’ right to repair is protected under the fifth and fourteenth amendments to the U.S. Constitution and Sections 2 and 15 of the Bill of Rights of the Illinois Constitution (Ill. Const. 1979, art. I, §§2,15) which upon review supports the constitutionality of a statute de novo (Miller v. Rosenberg, 196 Ill. 2d 50, 57 (2001).
Wherefore, Defendants reinstate Combined §2-615 Motion to Dismiss and §2-619 Motion to Strike the Verified Complaint for Demolition and for Injunctive Relief, pursuant to Supreme Court Rule 137, as noted.
For the record, Plaintiff as the Village of Lombard et al. has “defrauded”
the real estate investment of the late Mr. Roberto Hung, and daughter, Gardenia C. Hung, et al. by direct cause of action in conversion of the Lombard Historical Brick Bungalow into a distressed real estate property as an “access to crime” in the Village of Lombard, Du Page County, Illinois, through conspiracy, heinous/hate crimes, damages, losses, disrepair, and personal injury, to include the murder of the late Mr. Roberto Hung. Consequently, Plaintiff owes the Defendants the obligation, the duty, and service to repair the subject property, damaged by Negligence Per Se and breach of duty, on legal grounds for “action in trover”, criminal “conversion” of real property owned by Gardenia C. Hung, to include consumer service fraud.
For the record, as noted on the Defendants’ pleadings filed in this court, the Village of Lombard and DuPage County, have contributed directly and indirectly to the extensive structural damages and losses to the Hung Family real estate property at 502 S. Westmore Avenue and Washington Boulevard in Lombard, DuPage County, Illinois, U.S.A.
Plaintiff’s allegations are not well supported in fact to justify condemnation, demolition, and injunctive relief without stating a public purpose or presenting specific plans for the reuse of the property. Thus, the Verified Complaint is incomplete, inconclusive, and invalid. The subject property owned by the Hung Family is not a dangerous, unsafe building nor a health hazard or safety risk to the community.
In conclusion, Defendants have reinstated and re-submitted a Second Amended Response to the Verified Complaint in this Motion for Reconsideration to Dismiss the Verified Complaint with a Second Objection to Demolition and Injunctive Relief, thus presenting valid constitutional arguments for historical preservation and restoration, remodeling, and repair construction of the Lombard Historical Brick Bungalow owned by the Hung Family, at the expense of the Plaintiff, also known as the Village of Lombard, et al., All Employees, accountable and liable for all damages, losses, and disrepair to the subject property as a direct cause of action, in access to crime by the Lombard Police Department.
WHEREBY, Defendants pray for remedy and relief to sustain this Motion as a Second Objection to the Verified Complaint for Demolition and for Injunctive Relief, based upon constitutional grounds, as noted, with the proposed plans for restoration and historical preservation of the Lombard Historical Brick Bungalow owned by the Hung Family, at the cost and expense of the Plaintiff.
WHEREFORE, Defendants also pray to sustain Combined §2-615 Motion to Dismiss and §2-619 Motion to Strike the Verified Complaint for Demolition and for Injunctive Relief pursuant to Supreme Court Rule 137, upon judicial review for reconsideration with justice, equity, and fairness, under God. Defendants petition for additional relief and financial remedy in affording the Defendants the right to repair Illinois real estate property, as follow for:
(1) GENERAL DAMAGES AND LOSSES IN THE SUM OF $123,200, AS NOTED IN CONTRACT C, IN CONFORMITY TO PROOF;
(2) OTHER SPECIAL DISASTER CONSTRUCTION REPAIR DAMAGES AND LOSSES IN THE SUM OF $92,480, AS EVIDENCED IN CONTRACT B, IN COMFORMITY TO PROOF.
(3) AND DEFENDANTS PRO SE ALSO PRAY FOR THE COMPENSATION OF SUCH OTHER AND ADDITIONAL DISASTER RESTORATION CONSTRUCTION DAMAGES AND LOSSES IN THE SUM OF $66,150, ITEMIZED IN CONTRACT A, IN CONFORMITY TO PROOF, AND FOR FURTHER REMEDY AND RELIEF AS THE COURT DEEMS JUST, FAIR, EQUITABLE, AND PROPER IN THIS CAUSE OF ACTION FOR DISASTER RESTORATION CONSTRUCTION CAUSED DIRECTLY BY PLAINTIFF, THE CITY OF LOMBARD ET AL., IN THE TOTAL SUM OF $281,830.
Furthermore, Defendants also pray for any other remedy and relief provided by this court with due process and just payment in “cash” for compensation at a fair market value upon sale of the Lombard Historical Brick Bungalow owned by the Hung Family; as this Court deems just, fair, and equitable due to family tragedy, hardship, and poverty as victims of crime, under the Constitution of the United States of America and the State of Illinois Constitution, Bill of Rights, with justice, under God.
Respectfully submitted by,
Gardenia C. Hung, M.A., PRO SE
502 S. Westmore-Meyers Road
Lombard, Illinois 60148-3028
United States of America
VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, to the best of my ability, so help me God.
Dated on January 25, 2008,
Signed by:
_________________________ Gardenia C. Hung, M.A.
In the County of Du Page, State of Illinois, United States of America