Category: Obstruction of Justice



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 ,
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) Case No.: No. 2007 CH 001284

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, an Illinois
Municipal Corporation, et. al,
All Employees, 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 MOTION
DEFENDANTS’COMBINED §2-615 MOTION TO STRIKE AND §2-619 MOTION TO DISMISS
THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF
DEFENDANTS’ MOTION TO ACCEPT ALL LEGAL EXPENSES IN THE SUM OF $33,725.41US FOR REIMBURSEMENT OF ALL COURT FEES, COSTS, AND OUT-OF-POCKET EXPENSES FOR PAYMENT BY PLAINTIFF

Attn. Honorable Judge, Chancery Division To: Honorable Circuit Court Clerk
18th Judicial Circuit Court, Room 2005-2009 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, Lance C. Malina, Cynthia S. Grandfield, Attorneys for the Plaintiff, 20 North Wacker Drive, Suite 1660, Chicago, Illinois 60606-2903, USA; To Whom It May Concern

NOTICE OF FILING MOTION

DEFENDANTS’COMBINED §2-615 MOTION TO STRIKE AND §2-619 MOTION TO DISMISS THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO SUPREME COURT RULE 137

Now comes Gardenia C. Hung on behalf of the Defendants to appear and petition Combined §2-615 Motion to Strike and §2-619 Motion to Dismiss the Verified Complaint for Demolition and for Injunctive Relief pursuant to Supreme Court Rule 137 for lack of foundation, improper character reference, and failure to state a public purpose for demolition and for injunctive relief, on legal grounds for Consumer Service Fraud, Conversion of Real Property, Abuse of the Legal Process, Malicious Prosecution, Obstruction of Justice, “Scienter”, i.e. Guilty Knowledge by Plaintiff as the Village of Lombard et al., All Employees, about the false representation of the Lombard Historical Brick Bungalow at 502 S. Westmore Avenue owned by the Hung Family, and omission of material fact and key evidence leading to all the damages, losses, and disrepair to real property owned by Gardenia C. Hung and Robert S. Hung, as Trustees, under the terms and provisions of the Roberto Hung Supplemental Care Trust, dated on the 3rd day of June 1997. This Lombard Historical Brick Bungalow is not a dangerous, unsafe building to the community in the Village of Lombard.

Legal Description of the Lombard Historical Bungalow Built in 1927

Parcel Identification Number 06-09-315-038. Lot 2 in George P. Hornbeck’s Re-subdivision of the part of the West ½ of the South West ¼ of Section 9, Township 39 North, Range 11, East of the Principal Meridian, according to the Plat thereof recorded on February 19, 1980 as Document No.R80-10413, in Du Page County, Illinois, United States of America.

Defendants hereby deny, dispute, and oppose each and every allegation in the Plaintiff’s Response since witnesses, statements on record, law enforcement reports, and prior court decisions for the consolidated legal actions herein, do not support the Verified Complaint for Demolition of a Dangerous Unsafe Building or the statement that the subject property is “Unfit for Human Habitation” since Gardenia C. Hung is the legal Lombard resident homeowner, currently residing and inhabiting the same premises without any hazards, safety risks and/or health concerns.

Defendants are entitled by law to restore, remodel, repair, and reconstruct the subject real estate property by law, under the U.S. Department of Housing and Urban Development Act, the Homeowners Repair Act, the Housing and Community Development Act, Federal Fair Housing Acts, and the Federal Trade Commission Act.

For the record, the Bureau of Inspectional Services represented by Keith Steiskal and Chris Haneghan for the Lombard Fire Department did not send a Legal Notice of Demolition of Repair when an unknown stranger posted a “NOT APPROVED” a blank Orange Notice without official signature or official seal from the Village of Lombard, unsigned by anyone on April 6, 2007, without due notice to Gardenia C. Hung and others noted as Defendants. Please take notice that Keith Steiskal is unqualified as a Building Code Inspector in the Village of Lombard due to Negligence Per Se and failure to respond and provide reports to Gardenia C. Hung et al. in order to fulfill the required inspectional building services and guidelines, under pretense now to be multiple violations of the Code in the Village of Lombard. Furthermore, Demolition of the subject property has not been legally authorized by the Illinois municipal code.

On May 12, 2006, Keith Steiskal arrived late for the building inspection and appeared to be “under the influence” of drugs prescribed for a flu virus infection that he told me he had—-in that condition, Keith Steiskal was unfit to perform his job, since the same behavior continued throughout 2006 and 2007.

COUNTERPOINT/COUNTERARGUMENT

Now comes Gardenia C. Hung to appear on Monday, October 29, 2007 in order to resubmit the Defendants’s Combined §2-615 Motion to Strike and §2-619 Motion to Dismiss the Verified Complaint for Demolition and for Injunctive Relief pursuant to Supreme Court Rule 137 based on the following legal grounds:

Contrary to the Plaintiff’s allegations, the Hung Family Real Estate Property is still habitable and subject to restoration, remodeling, and repair construction, under the laws of the State of Illinois, and as noted by the proposed plans submitted to the Village of Lombard and the Du Page County Board Commission by Gardenia C. Hung on record, during 2006-2007 from the Zees Group.
Demolition of the subject real estate property has not been legally authorized by the Illinois municipal code.
This cause of action is barred from execution for lack of foundation, speculation, and failure to state a public purpose for condemnation, demolition, and for injunctive relief.
Plaintiff is liable for Consumer Service Fraud, Conversion of Real Property, Abuse of the Legal Process, Malicious Prosecution, Obstruction of Justice, “Scienter”, i.e. Guilty Knowledge by Plaintiff as the Village of Lombard et al., All Employees, about the false representation of the Lombard Historical Brick Bungalow at 502 S. Westmore Avenue owned by the Hung Family, and omission of material fact and key evidence leading to all the damages, losses, and disrepair to real property owned by Gardenia C. Hung and Robert S. Hung, as Trustees, under the terms and provisions of the Roberto Hung Supplemental Care Trust, dated on the 3rd day of June 1997. This Lombard Historical Brick Bungalow is not a dangerous, unsafe building to the community in the Village of Lombard.
Pursuant to Supreme Court Rule 137, Defendants hereby petition the Motion to Accept Attorney’s Fees under §10a(c) of the Consumer Fraud Act, 815 ILCS 505/1 et seq. in the sum of $33,725.41US for reimbursement of all court fees, costs, and out-of-pocket expenses for payment by Plaintiff.

Please take notice that to date, in 2007, the Village of Lombard as Plaintiff has been abusive, unreasonable, non-responsive, and continues to act in “Bad Faith” towards the proposed restoration of this Lombard Historical Brick Bungalow owned by the Hung Family since 1993. Instead of approving financial support and facilitating construction options and services proposed by Gardenia C. Hung, Plaintiff initiated condemnation and court proceedings for Demolition and for Injunctive Relief without foundation, based on speculation, vested interests for demolition action “without stating a public purpose for this condemnation and demolition” of the same Lombard Historical Brick Bungalow proposed for restoration during 2007, 2008, and 2009.

Thus, the Village of Lombard denies homeownership rights to repair, restore, and remodel the same subject property which the Plaintiff, et al., All Employees, have targeted for damages, losses, and disrepair in conversion, as an access to crime, under the municipal pretense of providing residential services by utilities operators, police surveillance, fire prevention, community services, etc. For the record, the Village of Lombard has been destroying this subject real estate property annually by approving unauthorized services, trespassing, and criminal activity without the consent of the Hung Family. Plaintiff shows “Bad Faith”, Prejudice, and Discrimination towards this Lombard Historical Brick Bungalow owned by the Hung Family in Du Page County, Illinois, United States of America.

For the record, the Village of Lombard is denying the “bundle of legal rights of homeownership” to the Hung Family which are included in the ownership of real estate in Lombard as noted by the Hung Family and the late Mr. Roberto Hung, J.D. In other words, the Hung Family is a consumer as a purchaser of historical real estate in Lombard who has bought the rights of ownership from the former seller, Debra Sekrecki. The bundle of legal rights of homeownership include the following:
the right of possession;
the right to control the property within the framework of the law;
the right to enjoyment;
the right to exclusion (to keep others from entering or using the property);
and the right of disposition (to sell, will, transfer or otherwise dispose or encumber the property)

Consequently, Plaintiff has “defrauded” the real estate investment of the late Mr. Roberto Hung and Family by direct cause of action through all the damages, losses, and disrepair to the subject real property from 1993 through 2007. Now, fourteen (14) years after the purchase of the Lombard Historical Brick Bungalow, and the murder of the late Mr. Roberto Hung, the Village of Lombard presents legal action for condemnation, demolition, and for injunctive relief without declaring a public purpose for the proceeding. For the record, the Village of Lombard abuses the targeted property and all the Hung Family members by denying homeownership and property rights protected under federal and state constitutions, as well as by statutory provisions and by the precedents of the common law. The Constitution of the United States and the State of Illinois prohibits the taking of private property without just “payment compensation”, which must be paid to the Hung Family as homeowners, at a fair market value to be considered by the owner.

The Village of Lombard is subject to Consumer Service Fraud in Lombard real estate, breach of the Fair Housing Partnership Resolution Contract, and Real Estate Liability for Lombard old houses.

Plaintiff intentionally misrepresents material fact for real estate in such a way as to harm or take advantage of the Defendants as Lombard homeowners and consumers. That includes not only making false statements about the Lombard Historical Brick Bungalow, but also concealing or failing to disclose important facts of evidence from the past, about the subject property purchased by the late Mr. Roberto Hung with cash pension funds and by Gardenia C. Hung, his eldest daughter in the Village of Lombard, Du Page County, Illinois, U.S.A.

In this legal “Action in Trover” for conversion of real property, the Village of Lombard is liable for Negligence Per Se in the misrepresentation of material facts of evidence lading to vested interests in the condemnation, demolition, and for injuctive relief without a public purpose, or without just cash payment compensation, or the acknowledgment and inclusion of Gardenia C. Hung as a legal homeowner resident, taxpayer in Lombard.

As citizens of the United States of America, Defendants have constitutional rights against the abuse and conversion of the subject real estate property and for the protection granted to all Lombard resident homeowners and taxpayers in Du Page County, Illinois.

By law, failure to comply with Fair Housing laws by Plaintiff as the Village of Lombard, et al., may be a civil or criminal violations and constitutes grounds for disciplinary actions against the Village of Lombard as an Illinois municipal corporation, and all its employees, affiliates, associates, and investors for consumer service fraud, breach of the Fair Housing Partnership Resolution Contract, and real estate liability for Lombard old houses. In addition, the Fair Housing Act prohibits discrimination on the basis of race, color, religion, sex, handicap, family status or national origin.

For the record, Gardenia C. Hung has filed a complaint for abuse of human rights in housing under the Illinois Human Rights Act for Protections in Housing under the Law, enforced by the Illinois Department of Human Rights which is dedicated to protecting Illinois residents from discrimination in housing and abuse by the Village of Lombard and the Police Department in District 5. The Illinois Human Rights Act allows persons to choose where to live and enjoy the use of the facilities without intimidation or discrimination.

In addition, Gardenia C. Hung has filed (4) complaints for Lombard housing discrimination with HUD since June, July, and August 2007, as No.237371 against the Village of Lombard and the neighbors, John and Eva Carpenter, sons, at 506 S. Westmore-Meyers Road , and local real estate operatives, to include other accomplices, such as Keith Steiskal, Chris Haneghan, McCall at the Water Department, Robert G. Meyers, Linda Pieczynski, Raymond Byrne at the Lombard Police Department for District 5, as well as the Lombard Board of Trustees and Howard C. Jablecki for the Law Offices of Klein, Thorpe, and Jenkins, Ltd.

Please take notice that I have provided the basis for the HUD Fair Housing Complaint on legal grounds for discrimination, harassment, heinous/hate crimes, annoyance, profiling, unreasonable disturbance, and “private nuisance” caused by the Village of Lombard, and others, as follow for:
1. Threats of condemnation, demolition, and interference with the Hung Family’s real estate property by the Village of Lombard
2. Refusal to allow reasonable disaster construction repairs, remodeling, rehabilitation to the Hung Family real estate property which has been damaged by the Village of Lombard, Police Department, John and Eva Carpenter, sons, and other cable TV and utility telephone service providers, trespassers, vandals, accomplices, and repeat offenders as an “access to crime”, trespass, and conversion of the same Lombard Historical Bungalow into a distressed real estate property. The Village of Lombard is liable and subject for prosecution in this HUD complaint, in order to compensate the Illinois resident homeowner and taxpayer, Gardenia C. Hung, for discrimination and bias violence.
3. This complaint for discrimination by the Village of Lombard documents that Lombard provides different housing services which are unauthorized by Gardenia C. Hung, as legal resident homeowner and executor for the Estate of Mr. Roberto Hung, J.D. Unsolicited cable TV providers have slid on the roof and slipped off the roof tiles by the front door, falling and breaking the spinal cord with permanent injury, disability, and death—without the consent or approval for service by Gardenia C. Hung and the late Mr. Roberto Hung, J.D., or Nathan S. Wittler, ex-husband, or Robert S. Hung, son, or Mrs. G. Fong Ramos, mother.
4. The Village of Lombard refuses to mail correspondence from the Lombard Police Department and Linda Pieczynski who also refuses to answer, respond or reply to any U.S. mail, electronic mail, personal delivery of messages or answer Gardenia C. Hung as a Lombard resident homeowner and taxpayer in Du Page County, Illinois, United States of America.
5. The Village of Lombard fails to comply with the Fair Housing Act and Amendments and becomes subject for prosecution for harassing, coercing, intimidating and/or interfering with real estate property rights which are being denied to Gardenia C. Hung under threats of condemnation, demolition, and injunctive relief. The Village of Lombard is liable for unethical real estate practices set up for “panic selling” or “blockbusting” through deliberate real estate property damages and losses to the Hung Family Real Estate, Lombard Historical Bungalow, in order to force the sale of the distressed Lombard Bungalow converted by trespass into disaster and vandalized property as an “access to crime” arranged by the Village of Lombard Police Department with John and Eva Carpenter, sons and accomplices, in Du Page County, Illinois, USA.
Gardenia C. Hung, as a Defendant, is a victim of crime, discrimination, heinous/hate crimes, profiling, harassment, and private nuisance, has been reporting these real estate property attacks to U.S. Homeland Security, the Federal Bureau of Investigation, the Illinois Sheriffs Association, the Illinois Terrorist Task Force, the Illinois Human Rights Commission, and other law enforcement agencies, and humanitarian groups, from 1993 to the present, in 2007. For the record, in the Village of Lombard, examples of threats, coercion, and intimidation include the following:
· Bullet hole on upper glass window pane in the living room
· Broken fence posts, splintered wood caused by trespassers jumping over the adjoining fence by the Carpenters’ driveway at 506 S. Westmore-Meyers Road in Lombard, Illinois, 60148-3028 , Du Page County, USA
· Torched-burning front door varnish with fire, as well as back porch door, and tool shed garden door
· Chemicals burning grass lawn
· Cracked, broken light fixtures on ceilings
· Bursting Lombard water plumbing pipes due to ungauged water pressure; leaking ducts and canals with fissures in the County of Du Page, Illinois, USA
· Broken Maple Tree Branch over the Carpenters’ driveway caused by the Carpenters ABF Truck 88938 on July 11, 2007, at 8H30AM, U.S. DOT 082866, ABF Freight System, Inc.- Trailer 88938, Semi-Truck. On Wednesday, August 8, 2007, the Carpenters’ son and John Carpenter arranged to have the broken Maple Tree branch through their back gate and Robyn/Jennifer’s driveway, carried out to leave the large Maple wooden branch on the side lawn, on Washington Blvd., leaving the same to obstruct pedestrians walking path, on the sidewalk.

Other examples of discrimination in Fair Housing Practices by the Village of Lombard have been provided for heinous/hate crimes, harassment, unreasonable disturbance, annoyance, “private nuisance” experienced by Gardenia C. Hung and Family at 502 S. Westmore-Meyers Road, Lombard, Illinois 60148-3028, as victims of crime, profiling, bias violence, cruelty, and refusal to provide Lombard services to Illinois resident homeowners, taxpayers, and U.S. citizens.

For the record, let it be known that Gardenia C. Hung as a victim of crime and discrimination, bias violence, heinous hate crimes in the Village of Lombard, has never received any compensation or financial cash restitution for damages and losses to the Hung Family real estate property under the Fair Housing Act for trespass and conversion, refusal to make reasonable construction repairs given access to crime, trespass, failure to provide residential homeowner services, discriminatory property appraisals, harassment, coercion, intimidation or interference with Fair Housing Homeownership rights in the Village of Lombard by the Town Hall, the Lombard Police Department, the Fire Department Bureau of Inspectional Services, John and Eva Carpenter, sons, friends, and associates, in payment, as remedy or relief for criminal, discriminatory activities arranged against the Hung Family real property.

For reference, Gardenia C. Hung as Defendant has also filed consumer service complaints with the Federal Trade Commission Consumer Service Division, the Illinois Commerce Commission, and the Illinois Attorney General, Consumer Service Department, on record for consumer service fraud.

Defendants continue to assert and demand their legal rights as Lombard resident homeowners to recover all damages and losses for the misuse of the Hung Family Real Estate Property, which has been abused illegally, and criminally converted to distressed Lombard property by the Plaintiff who has authorized and arranged access to crime from the Lombard Police Department, the Fire Department Bureau of Inspectional Services, John and Eva Carpenter, as well as other accomplices in Du Page County, Illinois, USA.

Since 1993, Defendants have been restoring the Hung Family Real Estate Property owned by the late Mr. Roberto Hung and managed by Gardenia C. Hung and Robert S. Hung as Trustees for the Estate of Roberto Hung Supplemental Care Trust.

Defendants have been reporting and presenting all the damages and losses for restoration and remodeling construction to the Plaintiff regularly. The Village of Lombard has been Negligent and Non-Responsive to the required needs and services for construction caused by unauthorized access entry from the Lombard Police Department with Schlage Master Lock break-ins to trespass, burglarize, and steal from the Hung Family real property, assets, clothing, personal belongings, professional equipment, office supplies, etc.

Defendants hereby petition to redress grievances for all damages, losses, and disrepair caused directly by the Village of Lombard, an Illinois municipal corporation, subject to consumer service fraud by utility service operators, accomplices, and unauthorized trespassers. The Village of Lombard as subject of investigation for breach of duty, owes the Defendants the duty and service to repair at cost the same Lombard Historical Brick Bungalow owned by the Hung Family for the last fourteen (14) years, due to Consumer Service Fraud, Breach of the Fair Housing Partnership Resolution Act, Real Estate Liability for Lombard Old Houses and on legal grounds for “Action in Trover”, criminal “Conversion” of Real Property.

Consequently, the Defendants demand full restitution and cash compensation equal to the value of this Lombard property and all the damages and losses incurred by the Defendants since 1993, and during 2004, 2005, 2006, and 2007, for the last fourteen (14) years, inclusive, in the sum of two million dollars, $2,000,000, for the following Casualties and Thefts, 2006 IRS Form 4684: Property A, Lombard Brick Bungalow, 3-Level house at 502 S. Westmore Avenue, in Lombard, Illinois, acquired during September 1996, $900,000; Property B, T-Mobile Motorola RAZOR V3, Camera Telephone, acquired at Yorktown Center on December 20, 2005, in the sum of $300; Property C, 2003 Derbi Boulevard 150 CC Motorcycle, acquired on June 11, 2003, currently disabled in disrepair at Champion Cycle Center, Inc., 3625 N. Western Avenue, Chicago, Illinois 60618, in the sum of $16,071.35. In addition to damages and losses to eight (8) automobiles owned by the late Mr. Roberto Hung, Ms.Gardenia C. Hung, and Mr. Nathan S. Wittler: Buick Montecarlo, Ford Escort Station Wagon, Ford Mustang Hatchback, Chrysler Capri Sports, Geo Tracker, Nissan 200SX, Mitsubishi Galant, in the sum of $100,000.

Plaintiff’s allegations are not well grounded in fact to justify condemnation, demolition, and injunctive relief without stating a public purpose. This Lombard Historical Brick Bungalow is not a dangerous, unsafe building to the community in the Village of Lombard.

In conclusion, Defendants have stated and presented valid and legal arguments for restoration, remodeling, and repair construction of this Lombard Historical Brick Bungalow owned by the Hung Family, at the expense of the Plaintiff, known as the Village of Lombard, an Illinois municipal corporation, et al., all employees, as a direct cause of action.

Whereby, Defendants pray for remedy and relief to sustain this Combined §2-615 Motion to Strike and §2-619 Motion to Dismiss the Verified Complaint for Demolition and for Injunctive Relief pursuant to Supreme Court Rule 137, for lack of foundation, improper character reference, and failure to state a public purpose for demolition and for injunctive relief, on legal grounds for Consumer Service Fraud, Conversion of Real Property, Abuse of the Legal Process, Malicious Prosecution, Obstruction of Justice, “Scienter”, i.e. Guilty Knowledge by Plaintiff as the Village of Lombard et al., All Employees, about the false representation of the Lombard Historical Brick Bungalow at 502 S. Westmore Avenue owned by the Hung Family, and omission of material fact and key evidence leading to all the damages, losses, and disrepair to real property owned by Gardenia C. Hung and Robert S. Hung, as Trustees, under the terms and provisions of the Roberto Hung Supplemental Care Trust.
WHEREFORE, DEFENDANTS, GARDENIA C. HUNG, ROBERT S. HUNG, ET AL. PRAY TO SUSTAIN THIS Combined §2-615 Motion to Strike and §2-619 Motion to Dismiss the Verified Complaint for Demolition and for Injunctive Relief pursuant to Supreme Court Rule 137, FOR LACK OF FOUNDATION, FAILURE TO STATE A PUBLIC PURSPOSE, WRONGFUL CHARGES AND MISDEMEANORS AGAINST THE VILLAGE OF LOMBARD ET AL., IN THIS LEGAL “ACTION IN TROVER”, WITH PREJUDICE, WITHOUT LEAVE TO AMEND; AND THAT ALL DAMAGES AND LOSSES, AS WELL AS LEGAL COURT EXPENSES, COURT COSTS, IN THE SUM OF $33,725. 41US, BE COMPENSATED AND REIMBURSED TO THE DEFENDANTS FROM 1993 THROUGH 2007, FOR THE LAST (14) FOURTEEN YEARS, SINCE PLAINTIFF, THE VILLAGE OF LOMBARD, ET AL. INITIATED THE DIRECT CAUSE OF DISASTER AND CRIMINAL ACTION FOR CONSTRUCTION, DAMAGES, AND LOSSES AGAINST THE LOMBARD REAL ESTATE PROPERTY AT 502 S. WESTMORE AVENUE & WASHINGTON BOULEVARD OWNED BY THE HUNG FAMILY FROM 1993 TO THE PRESENT, IN 2007, PURSUANT TO §10a(c) of the Consumer Fraud Act, 815 ILCS 505/1 et seq., ILCS 720, 5-31, PRESUMPTION OF INNOCENCE AND PROOF OF GUILT, UNDER THE HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT, THE VICTIMS OF CRIME ACT, THE ILLINOIS HUMAN RIGHTS ACT FOR PROTECTIONS IN HOUSING UNDER THE LAW, U.S. DEPARTMENT OF HOUSING AND URBAN RENEWAL (HUD); 735 ILCS 5/ART. II, ET SEQ. CIVIL PRACTICE LAW AND THE RULES OF THE SUPREME COURT IN THE STATE OF ILLINOIS AND UNDER THE CONSTITUTION OF THE UNITED STATES, AS FOLLOWS FOR:
(1) GENERAL DAMAGES AND LOSSES IN THE SUM OF $2,000,OOO, TWO MILLION DOLLARS, TO INCLUDE, ESTATE RECONSTRUCTION, REHABILITATION, AND REMODELING ESTIMATEED AT A COST 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.
(4) WHEREBY, DEFENDANTS PRAY FOR ADDITIONAL FINANCIAL REMEDY AND MONETARY RELIEF TO BE COMPENSATED UNDER U.S. LEGISLATION BY THE PLAINTIFF, FROM 1993 TO DATE IN 2007, FOR THE LAST (14) FOURTEEN YEARS, IN THE SUM OF $2,000,000, TWO MILLION DOLLARS, IN ORDER TO SUPPORT THE DEFENDANTS COMPULSORY COUNTERCLAIMS SETOFF/OFFSET AGAINST THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF, FOR ALL DAMAGES AND LOSSES CAUSED AND ARRANGED BY THE VILLAGE OF LOMBARD ET AL., DUE TO “CRIMINAL CONVERSION” OF THE HUNG FAMILY REAL ESTATE PROPERTY AS AN ACCESS TO CRIMINAL ACTIVITY IN LOMBARD, DU PAGE COUNTY, ILLINOIS, USA.
Respectfully Submitted and Dated this October 15th, 2007
________________________________________
(Reserved Signature)
Gardenia C. Hung, M.A. for the Defendants
On behalf of the Hung Family Estate
502 S. Westmore-Meyers Road
Lombard, IL 60148-3028 USA

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.

Date: October 15, 2007 Signed by:____________________________________ Gardenia C. Hung, M.A.

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