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Friday, February 29, 2008

Motion to Compel Court Order to Repair Lombard Historical Brick Bungalow in Du Page County, Illinois USA

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 MOTION
DEFENDANTS’ THIRD AMENDED RESPONSE/ANSWER TO SUMMONS.
DEFENDANTS’ MOTION FOR AN ORDER TO REPAIR THE SUBJECT PROPERTY WITH A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO ACTION FOR INVERSE CONDEMNATION, CONSUMER SERVICE FRAUD, CONVERSION OF REAL PROPERTY AS AN ACCESS TO CRIME.
MOTION TO COMPEL ORDER TO REPAIR
Hearing Date: March 19, 2008, 9:00 AM
Second Objection: January 24, 2008
Objection Filed: November 26, 2007


Attn. Honorable Judge, Chancery Division To: Honorable 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: Mr. Howard C. Jablecki, et al. Attn. Zees Group Services
Law Firm of Klein, Thorpe and Jenkins, Ltd. ZSC Insurance Restoration Svces. LLC
Attorneys for the Plaintiff 6850 West Montrose Avenue
20 North Wacker Drive, Suite 1660, Hardwood Heights, Illinois 60706-7192
Chicago, Illinois 60606-2903 USA Tel. 708/867-7676, Fax: 708/867-6868
Tel. 312/984-6400, Fax: 312/984-6444
To Whom It May Concern
NOTICE OF FILING MOTION
YOU ARE HEREBY NOTIFIED THAT on the 19th day of March, in the year 2008, I shall appear before Judge Kenneth L. Popejoy or any other judge as may be holding court in his/her absence, at 9:00 a.m., in Room 2005, located at the Du Page County Judicial Center, 505 North County Farm Road, Wheaton, Illinois and then and there present the following:
DEFENDANTS’ THIRD AMENDED RESPONSE/ANSWER TO SUMMONS.
DEFENDANTS’ MOTION TO COMPEL ORDER TO REPAIR

DEFENDANTS’ MOTION FOR AN ORDER TO REPAIR THE SUBJECT PROPERTY AS PROPOSED BY THE ZEES GROUP SERVICES, IN EXHIBIT C, FOR CONTRACTS A-1, B-1, AND C-1, WITH A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO THE FIFTH AMENDMENT AND FOURTEENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND ARTICLE 1, SECTION 15 OF THE CONSTITUTION OF THE STATE OF ILLINOIS, THE ILLINOIS HOME REPAIR AND REMODELING ACT, ILLINOIS RESIDENTIAL RIGHT TO REPAIR ACT, PUBLIC ACT NO. 093-0891 (2005), ILLINOIS HUMAN RIGHTS ACT, PRESERVE AMERICA/SAVE AMERICA’S TREASURES (2005) LEGISLATION IN THE U.S. CONGRESS, FEDERAL FAIR HOUSING ACT (TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968); federal trade commission act (FTC, 15 USC § 45 et seq. and 16 CFR, subsequent illinois statutes for consumer service protection against consumer service fraud, deceptive business practices, and prohibited practices established by the illinois general assembly; HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT; UNDER THE DOCTRINE OF ACTION FOR INVERSE CONDEMNATION, CONSUMER SERVICE FRAUD, CONVERSION OF REAL PROPERTY AS AN ACCESS TO CRIME, UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND THE CONSTITUTION OF THE STATE OF ILLINOIS, BILL OF RIGHTS, AND SUBSEQUENT STATUTES UNDER THE ILLINOIS GENERAL ASSEMBLY.

Defendants hereby present this Motion to Compel Court Order to Repair the Subject Property, P.I.N. No.06-09-314-038, located at 502 S. Westmore Avenue, in the Village of Lombard, Illinois 60148-3028, in the County of Du Page, United States of America. Defendants petition to redress grievances by this Motion to Compel Court Order to Repair by Contractual Agreement signed by Gardenia C. Hung, Executor Trustee of the Estate of Mr. Roberto Hung, J.D. on behalf of the Hung Family, to engage Zees Group Services since November 2006, before the Village of Lombard and Keith Steiskal reported condemnation and filed a Verified Complaint for Demolition and for Injunctive Relief during April 6, 2007.

ZSC Insurance Restoration Services underwrites the proposed disaster-construction plans by Zees Group Services, General Contractor License No.GC052400D, located at 6850 West Montrose Avenue, Hardwood Heights, Illinois 60706-7192, Telephone: 708/867-7676; Fax: 708/867-6868, Web Site: http://www.zeesgroup.com/; Email: zeesgroup@zeesgroup.com Zees Group Services provide Repair, Restoration, and Disaster-Construction Services in the Chicagoland area and nation-wide.

Gardenia C. Hung has engaged Zees Group Services in order to repair, restore, renovate, remodel, and preserve the Lombard Historical Brick Bungalow purchased by the late Mr. Roberto Hung, J.D. during September 1996 and owned by the Estate of the Roberto Hung Supplemental Care Trust, and the Hung Family in the Village of Lombard, Du Page County, Illinois, USA. The subject property has been damaged, distressed, and is currently in a state of disrepair because the Village of Lombard has allowed unauthorized access entries, unapproved services, and acted without legal power of attorney, in “bad faith”, against this Lombard real estate property owned by Gardenia C. Hung, et al. Since 2004, 2005, 2006, 2007, and currently in 2008, Plaintiff and Counsel Howard C. Jablecki, et al. for the law firm of Klein, Thorpe, and Jenkins, Ltd., have been delaying, hindering, and preventing repair construction to restore and preserve this Lombard Historical Brick Bungalow, built in 1927, for the Lilac Town Festival and Lombard anniversary.

Zees Group Services have proposed disaster-construction plans attached hereto as Exhibit C for Contracts A-1, B-1, and C-1, for the following:

Contract A-1 includes construction plans to repair and replace existing roofing damages and losses to the house and the garage in redwood roofing shingles, with a 25-year warranty. In addition, Zees Group Services will supply and install aluminum rain gutters, LeafGuard ductwork, soffit, fascia, downspouts, and secure existing electrical wiring and holdings for the TV antenna on the roof. This restoration work also includes plumbing repair, electrical wiring renovation, re-installation of existing telephone lines, debris removal, and drywall replacement needed due to water damage, with complete painting and remodeling of the entire house and the garage interiors.
Contract B-1 is designated to repair extensive damages to the existing Gothic wooden fence and posts, which have been splintered, broken, and cut off by the surrounding neighbors, the Carpenters, trespassers, vandals, former tenants, criminal terrorists in the Village of Lombard, Du Page County, Illinois. Also, this disaster-construction proposal includes complete plans to remodel the basement for Interior Restoration, Insulation, Weather-proofing from the first level to the second level, throughout all double-walls, the entire house and the garage—damaged by unauthorized access entries and Lombard water rupture, flooding, and bursting of the plumbing pipes, caused by ungauged water pressure requiring PSI valves to be installed by engineers, Public Works, Water and Sewage Service onto the storm draining system control.
Contract C-1 proposed to preserve and restore the Lombard Historical Brick Bungalow by tuckpointing, remodeling of all three (3) full bathrooms and interiors, weatherproofing, insulating, replacing the heater furnace and air conditioning system, installing a wood-burning fire place large enough to heat and warm all three levels of the real estate property which require new porch windows, new storm glass windows, new doors, complete remodeling of the three (3) kitchen facilities, dining rooms, living rooms in the basement, first floor, and second floor, along with the 2-car garage; construction and installation of a wooden deck with new access/exit entry to the back porch to allow disability wheelchairs via a wooden ramp, instead of wooden steps; installation of a new security system with surveillance for this Lombard Historical Brick Bungalow.

Exhibit C for Contracts A-1, B-1, and C-1, developed during Fall 2006, illustrates and supports how Gardenia C. Hung has planned to preserve and restore the Lombard Historical Brick Bungalow with the General Contractor Services provided by Zees Group Services, in order to bring the subject property into compliance with the municipal building code in the Village of Lombard, Du Page County, Illinois, USA.

Along with this Motion to Compel Court Order to Repair, Defendants present a Third Objection to the Verified Complaint for Demolition and for Injunctive Relief, since Gardenia C. Hung proposed repair and disaster-construction plans by Zees Group Services, signed during November 2006, before Keith Steiskal and the Village of Lombard filed a report for condemnation and a Verified Complaint for Demolition and for Injunctive Relief.

Defendants’ proposed plans for repair of the subject property by Zees Group Service precede Keith Steiskal’s condemnation of the Lombard Historical Brick Bungalow during April 2006.

Under the Fifth Amendment to the U.S. Constitution, “no person shall be deprived of life, liberty, or property without due process of law; nor shall private property shall be taken for public use without just compensation.” The Fifth Amendment recognizes the real estate property rights of individuals and guarantees that the government must provide a fair payment to a person whose property is taken for public use.

The Fourteenth Amendment to the U.S. Constitution protects Rights and Guaranteed Privileges and Immunities of Citizenship, Due Process, and Equal Protection. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens in the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

WHEREFORE, DEFENDANTS, GARDENIA C. HUNG ET AL. PRAY THAT THIS MOTION TO COMPEL COURT ORDER TO REPAIR THE LOMBARD HISTORICAL BRICK BUNGALOW, BE SUSTAINED PURSUANT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND ARTICLE I, SECTION 15, OF THE CONSTITUTION OF THE STATE OF ILLINOIS; THE ILLINOIS HOME REPAIR AND REMODELING ACT, ILLINOIS VICTIMS OF CRIME ACT, ILLINOIS HUMAN RIGHTS ACT WITH PROTECTIONS IN HOUSING UNDER THE LAW, HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT, U.S. DEPARTMENT OF HOUSING AND URBAN RENEWAL ACT, AND FEDERAL TRADE COMMISION ACT , 15 USC § 45 ET SEQ. AND 16 CFR, SUBSEQUENT TO THE ILLINOIS STATUTES FOR CONSUMER SERVICE PROTECTION AGAINST CONSUMER SERVICE FRAUD, DECEPTIVE BUSINESS PRACTICES, AND PROHIBITED BUSINESS PRACTICES.

IN ADDITION, DEFENDANTS PRAY FOR JUST COMPENSATION UNDER THE DOCTRINE OF INVERSE CONDEMNATION, IN THE FORM OF CASH REMEDY AND MONETARY RELIEF FOR RESTITUTION AND INDEMNITY, UNDER THE CONSTITUTION OF THE UNITED STATES AND THE STATE OF ILLINOIS, UNDER GOD.
Respectfully Submitted and Dated on the 27th day of the month of February in the year 2008.
_________________________________________
(Reserved Signature)
Gardenia C. Hung, M.A. for the Defendants
On behalf of the Estate of Mr. Roberto Hung Supplemental Care Trust
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: February 27, 2008 Signed by:____________________________________
Gardenia C. Hung, M.A.


Executed in the County of Du Page, in the State of Illinois, United States of America

Wednesday, February 27, 2008

Third Amended Response/Answer to Summons, Motion for Order to Repair Historical Brick Bungalow in the Village of Lombard, Du Page County, Illinois USA

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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)
)
)
)
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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’ THIRD AMENDED RESPONSE/ANSWER TO SUMMONS.
DEFENDANTS’ MOTION FOR AN ORDER TO REPAIR THE SUBJECT PROPERTY WITH A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO ACTION FOR INVERSE CONDEMNATION, CONSUMER SERVICE FRAUD, CONVERSION OF REAL PROPERTY AS AN ACCESS TO CRIME.

Hearing Date: March 19, 2008, 9:00 AM
Second Objection: January 24, 2008
Objection Filed: November 26, 2007


Attn. Honorable Judge, Chancery Division To: Honorable 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: Mr. Howard C. Jablecki, et al. Attn. Zees Group Services
Law Firm of Klein, Thorpe and Jenkins, Ltd. ZSC Insurance Restoration Svces. LLC
Attorneys for the Plaintiff 6850 West Montrose Avenue
20 North Wacker Drive, Suite 1660, Hardwood Heights, Illinois 60706-7192
Chicago, Illinois 60606-2903 USA Tel. 708/867-7676, Fax: 708/867-6868
Tel. 312/984-6400, Fax: 312/984-6444
To Whom It May Concern

DEFENDANTS’ THIRD AMENDED RESPONSE/ANSWER TO SUMMONS.

DEFENDANTS’ MOTION FOR AN ORDER TO REPAIR THE SUBJECT PROPERTY AS PROPOSED BY THE ZEES GROUP SERVICES, IN EXHIBIT C, FOR CONTRACTS A-1, B-1, AND C-1, WITH A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO ACTION FOR INVERSE CONDEMNATION, CONSUMER SERVICE FRAUD, CONVERSION OF REAL PROPERTY AS AN ACCESS TO CRIME, UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND THE CONSTITUTION OF THE STATE OF ILLINOIS, BILL OF RIGHTS, AND STATUTES UNDER THE ILLINOIS GENERAL ASSEMBLY.

COUNTERPOINT: AT ISSUE LEGAL MEMORANDUM IN OPPOSITION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF, IN ORDER TO SUPPORT THE DEFENDANTS’ PROPOSAL FOR PRESERVATION, RESTORATION, RENOVATION, AND DISASTER-CONSTRUCTION REMODELING OF THE LOMBARD HISTORICAL BRICK BUNGALOW WITH THE HOMEOWNER’S COMPULSORY COUNTERCLAIMS TO SETOFF/OFFSET THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF FROM PLAINTIFF, PURSUANT TO “ACTION FOR INVERSE CONDEMNATION”, CONVERSION OF REAL PROPERTY, CONSUMER SERVICE FRAUD, BREACH OF THE FAIR HOUSING PARTNERSHIP RESOLUTION CONTRACT, REAL ESTATE LIABILITY FOR LOMBARD OLD HOUSES.

Comes now Gardenia C. Hung to appear and submit all of the Defendants’ pleadings in a Third Amended Response/Answer to Summons on behalf of the Defendants and as Executor Trustee for the Roberto Hung Supplemental Care Trust which includes the subject property at 502 S. Westmore Avenue, in the Village of Lombard, Du Page County, Illinois, in the Unites States of America. Defendants hereby present a Motion for an Order to Repair the Subject Property by Contractual Agreement signed with the Zees Group Services, and proposed in 2006 by Gardenia C. Hung to the Village of Lombard and the County of Du Page Board of Commissioners, and noted in Exhibit C, Contracts A-1, B-1, and C-1, attached herewith, presented by the Zees Group, General Contractor License No.GC052400D, for the repair, preservation, restoration, and disaster-construction of the Lombard Historical Brick Bungalow, underwritten by ZSC Insurance Restoration Services, LLC.

Gardenia C. Hung is representing herself as Defendant PRO SE, legal Lombard resident, Illinois Homeowner and Taxpayer in Du Page County, U.S. citizen at 502 S. Westmore Avenue, Lombard, Illinois 60148-3028, USA, and as a Du Page County Notary Public, commissioned by the State of Illinois, to appear in person and respond/answer with a Third Objection to the Plaintiff’s Verified Complaint for Demolition and for Injunctive Relief pursuant to “Action for Inverse Condemnation”, Conversion of Real Property, Consumer Service Fraud, Breach of the Fair Housing Partnership Resolution Contract, Real Estate Liability for Lombard Old Houses which becomes an action for damage to real estate property under Article I, Section 15 of the Illinois Constitution, supporting that: “Private property shall not be taken or damaged for public use without just compensation as provided by law.” (August 1986, Illinois Municipal Review, page 1).

Defendants hereby deny, dispute, and oppose each and every other allegation, presented by Counsel Howard C. Jablecki, since facts of evidence, laws, and prior court decisions for these consolidated actions do not support the Verified Complaint as follow:
· Count I, Demolition for Dangerous and Unsafe Building
· Count II, Statutory Injunction
· Preliminary Injunction and Permanent

Defendants hereby present a Motion for an Order to Repair the Subject Property against the Verified Complaint for Demolition and for Injunctive Relief with a Third Objection to the same Verified Complaint for Demolition and for Injunctive Relief pursuant to the Constitution of the United States of America and the Constitution of the State of Illinois, based on the following legal grounds:

The U.S. Supreme Court has stressed that takings claims (for condemnation) must be decided in light of the basic purpose of the “just compensation clause”, in order “to bar Government from forcing some people alone (Defendants) to bear public burdens which in all fairness and justice, should be borne by the public as a whole.” (Armstrong v. United States, 1960, page 49).

For the last fifteen (15) years, the Village of Lombard, et al. has damaged and abused the subject property for its own public purposes in Du Page County, Illinois as an access to crime, without just compensation to the Hung Family and the Estate of Mr. Roberto Hung Supplemental Care Trust, pursuant to the doctrine of “Inverse Condemnation”, the Defendants hereby petition to redress damages and losses as follow:

Since 1993 through 2008, the Village of Lombard has been abusing and damaging the subject property more through trespassing, unauthorized access entries, access to crime after 1996, when the late Mr. Roberto Hung purchased the Lombard Historical Brick Bungalow.
During 2004, the subject property was damaged by water flooding from bursting plumbing pipes under ungauged water pressure caused by Lombard plumbing rupture and faulty storm draining system in Du Page County, which required PSI valves to be installed by the Department of Public Works and Water Services in the Village of Lombard. Case reference to Yee v. City of Sausalito, Appellate Court Decision.
During 2004, 2005, and 2006, the Village of Lombard has interrupted public utilities services for the Hung Family and the subject property causing additional damages and losses to the Lombard Historical Brick Bungalow for lack of telephone service lines, no electricity, and no water service to the homeowners.
During 2005, the subject property suffered extensive roofing damages and losses to existing telephone utilities caused by unauthorized SBC Telephone Services by the Lombard Police Department, the neighbors John and Eva Carpenters, sons, relatives, associates, and other accomplices trespassed into the Hung Family real estate property by jumping over the adjoining fence posts between the Carpenters’ driveway and the backyard of the subject property.
During 2006 and 2007, there were also existing damages and losses to the green lawn and landscaping, as well as the plant life, flower beds and borders due to the Village of Lombard Public Works Project for street pavement and water sewage inspection.

Consequently, Defendants do not plead guilty to each and every allegation presented in the Verified Complaint, since none of the persons in the Hung Family has been at home when the Village of Lombard et al. and other accomplices as Plaintiff have arranged and authorized access entry to cause extensive damages and losses to the Lombard property at 502 S. Westmore Avenue and Washington Blvd., in Du Page County, Illinois, USA, purchased and paid in full with cash retirement funds by the late Mr. Roberto Hung, J.D. in September 1996 with eldest daughter, Gardenia C. Hung as a witness.

On legal merits, Defendants present a Third Objection to same Verified Complaint since facts of evidence, laws, and prior court decisions do not support any of the Plaintiff’s Motion for Demolition and for Injunctive Relief which raises false arguments, lacking in foundation. Since 2006, Gardenia C. Hung has presented the Hung Family’s proposal by the Zees Group Services for Restoration, Remodeling, Repair and Re-Construction of the distressed Hung Family Real Estate Property, due to “Criminal Conversion” used by Plaintiff as “Access to Crime”, authorized and arranged by the Lombard Police Department, under Chief Raymond Byrne, and the Fire Department Bureau of Inspectional Services, Keith Steiskal, under Chief George Seagraves, with accomplices John and Eva Carpenter, sons, handymen, construction associates, friends, and others from the community-at-large in Du Page County, Illinois.

2007-2008 Construction Statistics Reports and public records indicate that for Lombard Historical Real Estate Property --“it is more expensive to demolish and destroy real estate property at today’s prices and cost of construction materials, than to restore, repair, and rebuild historical real estate property”—“which can be remodeled and reconstructed for damages and losses” due to disaster, disrepair, “Conversion of Real Property” as an “Access to Crime” caused and authorized by Plaintiff under Lombard unethical real estate service practices.

6. Defendants deny and dispute the same Verified Complaint based on Plaintiff’s speculations which state improper opinions, based on lack of foundation for irrelevant arguments, contrary-to-fact.
7. Furthermore, Defendants, hereby represented by Gardenia C. Hung continue to oppose, deny, and dispute each and every allegation in the same Verified Complaint based on additional Objections to the Plaintiff’s “Improper Character References” and lack of facts of evidence for the false concern about the health risk and safety of Gardenia C. Hung, in order to prevent the Defendants from residing, inhabiting, and protecting the Hung Family Real Estate Property after Plaintiff has caused and authorized SBC Telephone Company in Illinois/Indiana, Edward Westenholtz, and other trespassers, intruders, criminals, vandals, and other accomplices to jump the backyard fence, adjoining the Carpenter family driveway, in order to damage and destroy existing roofing structures and penetrate the Hung Family Real Estate Property in Lombard, Du Page County, Illinois, USA.
8. Defendants hereby present legal Compulsory Counterclaims to Setoff/Offset the Plaintiff’s Verified Complaint for Demolition and for Injunctive Relief that arises from “Action for Inverse Condemnation” and is otherwise connected with the same issues involving real estate controversy over the Hung Family Real Estate 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 fifteen (15) years, inclusive, 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.
9. In this legal action and pursuant to the “Doctrine of Inverse Condemnation”, Defendants invoke the “just compensation clause” wherein the original cost of the real property damaged, plus the added cost of the repair, restoration, and renovation by the Zees Group, minus depreciation for damages and losses, equals the fair market value sum, plus additional compensation for severance damages and losses owed to Gardenia C. Hung, et al. , Defendants, family members, as victims of crime in the Village of Lombard, Du Page County, in the State of Illinois, United States of America.
10. Gardenia C. Hung, et al. as the aggrieved Lombard resident homeowner is entitled by law, and has the constitutional right to recover the monetary value of the real property damaged by the Village of Lombard, et al., and is entitled “to be placed in as good as a financial position as s/he would have been in, if the Estate of Mr. Roberto Hung Supplemental Care Trust, had not been damaged and/or taken by the Plaintiff, for public use through trespassing, access to crime, conversion, consumer service fraud, and public use in the Village of Lombard, Du Page County, Illinois, USA.

In addition, Gardenia C. Hung, et al., Defendants, have suffered from the operational loss of business at home, loss of earning and gainful employment, during the course of damages and losses from 1993 through 2008, for the last fifteen (15) years.

Defendants hereby petition full indemnity for the Lombard real estate damages and losses sustained by the Estate of Mr. Roberto Hung Supplemental Care Trust and assets, at a fair market value.

Under the Fifth Amendment to the U.S. Constitution, “No person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” The Fifth Amendment recognizes the real estate property rights of individuals and guarantees that the government must provide a fair payment to a person whose property is taken for public use.

Wherefore, Defendants petition to redress all grievances under the U.S. Constitution and the Constitution of the State of Illinois, Bill of Rights, to be considered as victims of crime in order to be treated fairly, justly, and equitably as Illinois resident homeowners who have been subjected to abuse and discrimination by the Village of Lombard, in Du Page County, Illinois, USA.

WHEREBY, 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.

PURSUANT TO THE DOCTRINE OF INVERSE CONDEMNATION, DEFENDANTS’ HEREBY ESTABLISH COMPULSORY COUNTERCLAIMS TO SETOFF/OFFSET THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF FROM PLAINTIFF PRESENTED BY THE DEFENDANTS ON LEGAL GROUNDS FOR “ACTION DUE TO INVERSE CONDEMNATION”, CRIMINAL CONVERSION OF PROPERTY, CONSUMER SERVICE FRAUD, BREACH OF THE FAIR HOUSING PARTNERSHIP RESOLUTION CONTRACT, REAL ESTATE LIABILITY FOR LOMBARD OLD HOUSES. Defendants’ Do Not Plead Guilty; Defendants’ Objection to Wrongful Citations for Lombard Municipal Violations PURSUANT TO THE HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT, VICTIMS OF CRIME ACT, ILLINOIS HUMAN RIGHTS ACT WITH PROTECTIONS IN HOUSING UNDER THE LAW; u.s. department of housing and urban development act (hud); the homeowners repair act, housing and community development act (1974), federal fair housing acts, the federal trade commission act (FTC, 15 USC § 45 et seq. and 16 CFR, subsequent illinois statutes for consumer service protection against consumer service fraud, deceptive business practices, and prohibited practices established by the illinois general assembly, under the constitution of the united states and under god. subsequent to the USA PATRIOT ACT: pRESERVING LIFE AND LIBERTY (2001); Defendants’s COMBINED §2-615 MOTION TO DIMISS AND §2-619 MOTION TO DISMISS BASED ON WRONGFUL CHARGES, MALICIOUS PROSECUTION, ABUSE OF THE LEGAL PROCESS AND PURSUANT TO ILCS 720 5-31 PRESUMPTION OF INNOCENCE AND PROOF OF GUILT;
DEFENDANTS’ STATEMENTS OF FACT
Pursuant to the Constitution of the State of Illinois, Article I, in the Bill of Rights, Gardenia C. Hung and the Hung Family, are entitled to the same laws for protection of their real estate property under God and the United States of America, as follows:
Section 2.- Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.
Section 8.1.- Crime Victims’ Rights.
Section 12.- Right to Remedy and Justice. Every person shall find a certain remedy in the laws for all injuries and wrongs which she/he receives to her/his person, privacy, property or reputation. She/He shall obtain justice by law, freely, completely, and promptly.
Section 15.- Right to Eminent Domain. Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law.
Section 20.- Individual Dignity. To promote individual dignity, communications that portray criminality, depravity or lack virtue in, or that incite violence, hatred, abuse or hostility toward, a person or group of persons by reason of or by reference to religious, racial, ethnic, national or religious affiliation are condemned.
Plaintiff, as the Village of Lombard, et al. is barred from pursuing the cause of action stated in the Verified Complaint for Demolition and for Injunctive Relief under the State of Illinois applicable statutes of limitations for Negligence Per Se actions for “Criminal Conversion of Property” owned by the Defendants, since the hateful, heinous crimes occurred more than two (2) years ago and have been taking place repeatedly and continuously for the last fifteen (15) years, from 1993 through 2004, 2005, 2006, and to date, in 2007.
· On Count I, Demolition of Dangerous, Unsafe Building, Defendants deny, dispute, and oppose, each and every allegation of the Plaintiff’s Verified Complaint for Demolition of Dangerous and Unsafe Building, on legal grounds for information and belief, based on the Tort of Conversion and unethical business real estate practices, since the Village of Lombard, the Police Department under Chief Raymond Byrne, the Bureau of Inspectional Services Inspector Keith Steiskal, the Fire Department under Chief George E. Seagraves, neighboring accomplices John and Eva Carpenter and sons with friends, handymen, associates, and family, have all criminally, maliciously, and deliberately altered in “Conversion” and damaged the Hung Family Real Estate Property at 502 S. Westmore Avenue and Washington Blvd. in Lombard, Du Page County, to cause a disaster, disrepair, and distress in the same property for the purpose of the depreciation of equity value since 1993 through 2004, 2005, 2006, and to date in 2007. This Lombard brick bungalow house with 3-stories, 2-car garage, and 4-car driveway, has been misused, abused, and victimized as an “Access to Crime”, along with all the Defendants who have been subject to personal injury surrounding homeownership of the same Lombard real estate property.
· On Count II, Statutory Injunction, Defendants deny, dispute, and oppose each and every allegation of the Plaintiff’s Verified Complaint for Statutory Injunction, on legal grounds, information, and belief based on the Plaintiff’s Intentional Interference with the Defendants Personal Health, Well Being, and Right to Privacy in Real Estate Property Rights, which constitutes a “Private Nuisance” by the Village of Lombard et al., John and Eva Carpenter and Family, who are adjoining neighbors by the driveway at 504 S. Westmore-Meyers Road in Lombard, SBC Telephone Company in Illinois/Indiana, Edward Westenholtz, and the community-at-large in Du Page County, Illinois—-who have been all harmful and destructive of the Hung Family Real Estate Property. For the record, Plaintiff interferes with the Defendants’ peace of mind due to constant harassment, hateful and heinous criminal acts, malicious prosecution, and abuse of human rights in housing and the abuse of the legal process.
· On Count III, Preliminary and Permanent Injunction, Defendants deny, dispute, and oppose each and every allegation of the Plaintiff’s Verified Complaint for Preliminary Injunction on legal grounds, information, and belief based on the Plaintiff’s Breach of Duty for Consumer Service Fraud, Deceit, and Misrepresentation of the Village of Lombard residential homeowners’ services by “Criminal Conversion” of Real Estate Property owned by the Hung Family which has been altered, damaged, and victimized to become a distressed Lombard house, improperly “Induced” with Lombard Police “Access to Crime” arranged with drugged addicts as trespassers, intruders, repeat offenders as criminals, vandals, and real estate trickery, deception, and fraud in the sale of property by the Village of Lombard et al. who authorizes damages and losses to the Hung Family Property in order to depreciate the equity value of the same real estate property. For the record, Plaintiff interferes and constantly invades Gardenia Hung’s privacy since 1993 and to date in 2007, for the last fifteen years (15) years; furthermore, the Village of Lombard et al. interferes with the Defendants’ reputation and is subject to “Defamation of Character”, “Slander” and “Libel”. In addition, Plaintiff is also subject to and liable for interference with the Defendants’ Real Estate Property Rights, causing undue real property theft, burglary, annoyance, inconvenience, discomfort, and even “Personal Injury” to the Defendants which have been abused, victimized, kidnapped, set up for accidents, hospitalized, disabled, and even murdered. Plaintiff, as the Village of Lombard et al., to include the neighbors John and Eva Carpenter and sons, the community-at-large in Lombard and in Du Page County constitute for the Defendants a “Private Nuisance” which is arranged by the Lombard Police Department, under Chief Raymond Byrne and District 5 Police in particular, and Keith Steiskal, Lombard Fire Department Bureau of Inspectional Services, under Chief George Seagraves, and other accomplices reported to U.S. law enforcement agencies under terrorism, bioterrorism, threats, coercion, and intimidation of the Hung Family members which is punishable and prosecuted by law in the State of Illinois, under the Constitution of the United States, under God. Whereby Defendant and the Hung Family require cash restitution in the sum of $2,000,000, two million dollars, and a public apology from Plaintiff, the Village of Lombard et al.
Defendants’ Statements of Legal Authorities
Defendants assert the following affirmative defense on valid legal grounds supported by U.S. legal authorities and international courts of law for human rights around the world, beyond a reasonable doubt, based upon the preponderance of evidence on public record and on file for this legal case in action consolidated in the U.S. Supreme Court and in the 18th Judicial Circuit Court, in the County of Du Page, in the State of Illinois, United States of America, as noted.
Pursuant to the Constitution of the State of Illinois, Article I, in the Bill of Rights, Gardenia C. Hung and the Hung Family, are entitled to the same laws for protection of their real estate property under God and the Constitution of the United States of America.
WHEREBY, Defendants support this Motion for an Order to Repair the Subject Property with a Third Objection to the same Verified Complaint for Demolition and for Injunctive Relief, presented along with the Defendants’ Compulsory Counterclaims pursuant to the Doctrine of Action for Inverse Condemnation, to Setoff/Offset the Verified Complaint. This Third Amended Response/Answer to Summons is presented, not only to deny, dispute, and oppose each and every one of the Plaintiff’s allegations, but also to accuse the Plaintiff for direct cause of action as the Village of Lombard et al., liable for the charges involving “Criminal Conversion” of the Hung Family Real Estate Property, which now in 2008, remains as a Lombard Historical Real Estate property, criminally damaged and distressed due to the Village of Lombard’s accountability for Consumer Service Fraud, breach of the Fair Housing Partnership Resolution contract and liability for Lombard Real Estate Old Houses in Du Page County, Illinois, USA.

COUNTERARGUMENT: IN SUPPORT OF THE DEFENDANTS’ MOTION FOR AN ORDER TO REPAIR THE SUBJECT PROPERTY WITH A THIRD OBJECTION AGAINST THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF, TO ESTABLISH COUNTERCLAIMS TO SETOFF/OFF SET THE SAME VERIFIED COMPLAINT PURSUANT TO THE DOCTRINE OF INVERSE CONDEMNATION
Please Take Notice that Plaintiff as the Village of Lombard, represented by Counsel Howard C. Jablecki et al. from the Law Firm of Klein, Thorpe, and Jenkins, Ltd. is legally liable and “Guilty” of the Tort of “Criminal Conversion” in this legal “Action for Inverse Condemnation” surrounding the Hung Family Real Estate Property at 502 S. Westmore Avenue, Lombard in Du Page County, Illinois, USA. The Village of Lombard and other accomplices have all “misused and borrowed” Hung Family assets and real estate property without authorization, permission, or legal power of attorney issued by Gardenia C. Hung or any of the Defendants in this legal matter.
For the record, Plaintiff is deliberately and criminally responsible for altering with disaster, destruction, damages, and losses, the Lombard Historical Bungalow, built in 1927, and now owned by Gardenia C. Hung as Defendant(s), since the Hung Family Real Estate Property was purchased by her late father, Mr. Roberto Hung, J.D.--former attorney, judge, and prosecutor--in 1993 and paid fully in 1996 with cash retirement funds at the First State Bank of Maple Park in Illinois, witnessed by his eldest daughter, Gardenia C. Hung, an Illinois Notary Public. Let it be known that during June 1998, the late Mr. Roberto Hung was murdered at Vencor Northlake Hospital in Northlake, Cook County, Illinois, following hospitalization at Elmhurst Memorial Hospital in Elmhurst, Du Page County, Illinois. The Roberto Hung Supplemental Care Trust was legally settled and closed during January 1999 before presiding Judge Robert E. Byrne in the 18th Judicial Circuit Court, in the County of Du Page, State of Illinois, United States of America. Gardenia C. Hung was the appointed Executor, as Trustee with Robert S. Hung. The Village of Lombard and other accomplices have been harmful as destructive service operatives who are directly responsible and liable for the Hung Family Real Estate Consumer Service Fraud, Damages, Losses, and Disrepair for Lombard Plumbing Failure, Roofing and Landscaping Criminal Activity, Sabotage and Destruction of All (9) Nine Motor Vehicles owned by the Hung Family and registered under the State of Illinois, Office of the Secretary of State, Motor Vehicles and Drivers License Facilities, in order to depreciate real assets for distressed real estate property belonging the Defendants so that they lose equity value as resident homeowners in Lombard, Du Page County, Illinois, USA.
Plaintiff interferes with the Hung Family’s legal possession of real property and homeownership as an “Access to Crime” which is subject to prosecution for altering and misusing this Lombard historical bungalow to arrange criminal activity, as evidenced by the visible damages and losses in excess of $50,000, as follow:
· Plaintiff has been instrumental in the removal and damage of existing public utilities, that is to say, Lombard residential telephone lines, electricity, gas, water service, sewage, waste management, etc. without the authorization or permission of the Hung Family.
· Plaintiff as the Village of Lombard et al. has arranged disrepair and damages through trespassers and unauthorized access entry into the Hung Family Real Estate Property, in order to depreciate the same Lombard historical bungalow as a distressed property to lose the Hung Family homeowners’ equity value upon sale of the same by the Village of Lombard realtors.
· Defendants are hereby establishing Counterclaims to Setoff/Offset the Verified Complaint for Demolition and for Injunctive Relief as a legal demand for financial restitution and cash relief as full compensation from the Plaintiff for “Criminal Conversion” of the Hung Family Real Estate Property for the last (15) fifteen years, from 1993 through 2004, 2005, 2006, and to date in 2008.
· Plaintiff as the Village of Lombard is subject to prosecution for “Breach of Duty” on legal grounds, facts of evidence, and belief for Negligence Per Se. The Village of Lombard and other accomplices refuse services, do not respond, and act unreasonably, unlawfully, unethically, and criminally arranged by the Lombard Police Department, under Chief Raymond Byrne and the Lombard District 5 Police, John and Eva Carpenter, handymen, associates, public utility operatives for Nicor Gas, Commonwealth Edison Electric Company, SBC Telephone Company in Illinois/Indiana, Edward Westenholtz, the Village of Lombard Water Service and Sewage under Public Works, Waste Management of Illinois, Keith Steiskal and Chris Hanigan for the Bureau of Inspectional Services, Lombard Fire Department, under Chief George Seagraves, and the community-at-large in Lombard and Du Page County, Illinois.
· Plaintiff’s carelessness directly has caused damages, losses and disrepair to the Hung Family Real Estate Property in Lombard, as well as personal injury, forced hospitalization arranged by the Lombard Police Department, physical disabilities, and other inconveniences to the Defendants themselves in this legal response to the Verified Complaint filed by Counsel Howard C. Jablecki et al. on behalf of the Village of Lombard.
· For the record, Defendants are currently suffering from economic losses and damages, criminal disrepair in real estate property, loss of employment, personal injuries, and psychological distress as human beings, due to the Plaintiff’s malicious and insidious “Criminal Conversion” of the Hung Family Real Estate Property in Lombard, Du Page County, Illinois, USA.
· The Village of Lombard et al. and All Employees as Plaintiff, have violated legal terms of service and management without authorization, legal power of attorney, or permission from Gardenia C. Hung for the Hung Family Real Estate Property in Lombard.
· Let it be known that Gardenia C. Hung does not suffer from any of the health-related allegations cited and reported by Keith Steiskal and George Seagraves for the Bureau of Inspectional Services under the Lombard Fire Department.
· By law in the State of Illinois and under the Constitution of the United States, Defendants are entitled to recover in cash all damages and losses equal to the value of the Hung Family Assets and Real Estate Property for the last (15) fifteen years from Plaintiff, as the Village of Lombard, as Counterclaims to Setoff/Offset the Verified Complaint for Demolition and for Injunctive Relief; plus the reimbursement of all court costs, fees, and extraneous legal expenses incurred by the Defendants during the course of all legal proceedings involving the same Lombard historical bungalow, since 1993 to date in 2008, for the last (15) fifteen years.
· Pursuant to the Doctrine of Inverse Condemnation, Defendants hereby establish Counterclaims to Setoff/Offset the same Verified Complaint for Demolition and for Injunctive Relief as a response/answer in this legal “Action in Trover”, in order to recover all damages and losses, as well as compensate “Personal Injury” during the course of “Criminal Conversion” of the Hung Family Real Estate Property by Plaintiff as the Village of Lombard et al., who have altered, misused, borrowed and kept real property, abused, and victimized not only the Lombard Historical Bungalow, but also members of the Hung Family and others, based on facts of injury, forced hospitalizations, information, and belief.
· All the Defendants hereby demand a personal and written apology from Plaintiff as the Village of Lombard, et al. in Du Page County, Illinois, USA, as well as cash restitution/reimbursement for all damages and losses to the Hung Family Estate and assets.

WHEREFORE, DEFENDANTS, GARDENIA C. HUNG, ROBERT S. HUNG, ET AL. PRAY THAT THIS MOTION FOR AN ORDER TO REPAIR THE SUBJECT PROPERTY, BE SUSTAINED PURSUANT TO THE DOCTRINE OF INVERSE CONDEMNATION, AND FOR WRONGFUL CHARGES AND MISDEMEANORS SET 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, , BE COMPENSATED AND REIMBURSED TO THE DEFENDANTS FROM 1993 THROUGH 2008, FOR THE LAST (15) FIFTEEN 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 2008, PURSUANT TO 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 , TO INCLUDE, EXHIBIT C, FOR THE REPAIR, PRESERVATION OF THE ESTATE, RENOVATION, RECONSTRUCTION, REHABILITATION, AND REMODELING ESTIMATEED AT A COST OF $123,200, AS NOTED IN CONTRACT C-1, IN CONFORMITY TO PROOF;
(2) OTHER SPECIAL DISASTER CONSTRUCTION REPAIR DAMAGES AND LOSSES IN THE SUM OF $92,480, AS EVIDENCED IN CONTRACT B-1, 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-1, 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.
WHEREBY, DEFENDANTS ET AL. PRAY FOR JUST COMPENSATION UNDER THE DOCTRINE OF INVERSE CONDEMNATION, IN THE FORM OF FINANCIAL REMEDY AND MONETARY RELIEF AS COMPULSORY COUNTERCLAIMS TO SET OFF/OFFSET THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF AGAINST THE PLAINTIFF, AS THE VILLAGE OF LOMBARD. DEFENDANTS DENY, DISPUTE AND OPPOSE EACH AND EVERY ALLEGATION PRESENTED BY THE PLAINTIFF IN ORDER TO DEMAND THE COURT’S PROTECTION, WITH PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, SO THAT PLAINTIFF “CEASE AND DESIST” HARASSMENT AND INTERFERENCE ARRANGED BY THE VILLAGE OF LOMBARD ET AL. WHO IS SUBJECT TO CRIMINAL PROSECUTION, IN JUSTICE, EQUITY, AND JUDGEMENT AGAINST THE PLAINTIFF’S VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUCTIVE RELIEF ON ALL COUNTS.
DEFENDANTS ALSO PRAY FOR SEVERANCE DAMAGES AND LOSSES, AS ADDITIONAL FINANCIAL REMEDY AND MONETARY RELIEF TO BE COMPENSATED UNDER U.S. LEGISLATION BY THE PLAINTIFF, FROM 1993 TO DATE IN 2008, FOR THE LAST (15) FIFTEEN YEARS, IN ORDER TO SUPPORT THE DEFENDANTS COMPULSORY COUNTERCLAIMS SETOFF/OFFSET AGAINST THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF, UNDER THE DOCTRINE FOR INVERSE CONDEMNATION, FOR ALL DAMAGES AND LOSSES CAUSED AND ARRANGED BY THE VILLAGE OF LOMBARD ET AL., DUE TO UNAUTHORIZED ACCESS TO CRIME, TRESPASSING, “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 on the 27th day of the month of February in the year 2008.
_________________________________________
(Reserved Signature)
Gardenia C. Hung, M.A. for the Defendants
On behalf of the Estate of Mr. Roberto Hung Supplemental Care Trust
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: February 27, 2008 Signed by:____________________________________
Gardenia C. Hung, M.A.


In the County of Du Page, in the State of Illinois
United States of America

Tuesday, February 5, 2008

DEFENDANTS’ AMENDED PETITION IN MOTION TO ACCEPT ALL LEGAL EXPENSES IN THE SUM OF $33,725.41US FOR REIMBURSEMENT PURSUANT TO SUPREME COURT RULE 137

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’ 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’ AMENDED PETITION IN MOTION TO ACCEPT ALL LEGAL EXPENSES IN THE SUM OF $33,725.41US FOR REIMBURSEMENT PURSUANT TO SUPREME COURT RULE 137 AND §10A(C) OF THE CONSUMER FRAUD ACT, 815 ILCS 505/1 ET SEQ.

Now comes Gardenia C. Hung again, on behalf of the Defendants, to present this amended petition in Motion before this Court to Accept All Legal Expenses in the sum of $33,725.41US for Cash Reimbursement pursuant to Supreme Court Rule 137 and §10a(c) of the Consumer Fraud Act, 815 ILCS 50-5/1 et seq. against the Village of Lombard, an Illinois municipal corporation, et al, All Employees, on legal grounds for abuse of the legal process in bringing a vexatious and harassing action in Bad Faith for Condemnation, Demolition and for Injunctive Relief of the Subject Real Estate Property in a cause of action which fails to state a public purpose, lacking in foundation, and unsupported by well-grounded facts, not warranted by existing laws.

Plaintiff’s Counsel, Howard C. Jablecki, Lance C. Malina, Cynthia S. Grandfield, et al., for the Law Firm of Klein, Thorpe & Jenkins, Ltd., have submitted a Motion to Strike the Defendants Motion for Discovery to Petition Attorney’s Fees in the sum of $32,497.41US, under §10a(c) of the Consumer Fraud Act, 815 ILCS 50-5/1 et seq. against the Village of Lombard, an Illinois municipal corporation, et al, All Employees, which present the filing of a frivolous pleading to strike and dismiss the Defendants’ legal attorneys’ fees incurred at the expense of the Estate of the Roberto Hung Supplemental Care Trust and Real Estate Property from 1993 through 2007, in the amended petition for the sum of $33,725.41.US, in conformity to proof, pursuant to Supreme Court Rule 137.

Mr. Howard C. Jablecki et al. present false arguments which lack of foundation, raise improper character reference, and fail 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.

The Illinois Consumer Fraud and Deceptive Business Practices Act (the Consumer Fraud Act), 815 ILCS 505/1 et seq. (West 2004) enacted in 1961 includes a variety of consumer service abuses, such as fraud, deception, false promise, misrepresentation, and the intentional omission of material fact with respect to real estate property and homeowners as consumers.

The Consumer Fraud Act was substantially amended in 1967 and 1973 to conform to Section 5(a) of the Federal Trade Commission Act, 15 U.S. Supreme Court, Section 41 et seq. which declares illegal “unfair and/or deceptive acts of practices” and “unfair methods of services”. These amendments also created a private right of action by individuals as consumers to include trusts as private entities. Private individuals may bring legal actions under Section 10a(c) of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1 et seq. and the Court may accord actual damages, injunctive relief, attorneys’ fees, costs, and expenses incurred to the prevailing party. Under Section 10a(c), the Court in its discretion may award actual damages and any other relief it deems proper, 815 ILCS 505/1; Section 10a(a) includes awarding of punitive damages, case in point, Black v. Iovino, 219 Ill. App. 3D 378, 580, N.E. 2d 139, 162 Ill Dec 513 (1st Dist. 1991). Punitive damages must be proportionate to the nature and enormity of the wrong. In addition, punitive damages are properly assessed when one party acts willfully, fraudulently, or with such gross negligence as to indicate wanton disregard for the rights of others.

For the record, Defendants have filed Consumer Service Fraud reports, complaints, and actions against Plaintiff as the Village of Lombard, an Illinois municipal corporation, et al. and All Employees, under the Federal Trade Commission Act, the Illinois Commerce Commission for Public Utilities and Consumer Abuses, Damages, Losses, and Disrepair caused by SBC Telephone Company in Illinois/Indiana, Commonwealth Edison Electric Company, Peoples Gas Company, Waste Management of Illinois, the Lombard Police Department, Keith Steiskal and Chris Haneghan for the Bureau of Inspectional Services, and the Lombard Fire Department.

Please take notice that the Village of Lombard as an Illinois municipal corporation, has acted in “bad faith” toward the Lombard Historical Brick Bungalow at 502 S. Westmore Avenue, owned by the Hung Family since September 1993. As such, Plaintiff is directly responsible and accountable for all the damages, losses, and disrepair at the subject real estate property for the last fourteen (14) years, caused by unauthorized access entry to the Hung Family home, abuse of the real property and the Hung Family members as homeowners, burglary, theft, conspiracy, rape, kidnapping, gaining entry to the home by misrepresentation of services, etc. Consequently, Plaintiff is subject to investigation and prosecution for Consumer Service Fraud and Deceptive Business Practices, sanctions, fines, and punitive damages.

In addition, the Village of Lombard is liable for false representation of the Hung Family and the subject property through unauthorized residential services and omission of material facts of evidence leading to the compensation for damages, losses, and disrepair caused by Plaintiff.

Let it be known that Plaintiff denies information to the Hung Family which leads to the restoration, remodeling, and repair construction of the Lombard Historical Brick Bungalow built in 1927. As subject to “Scienter” for “Guilty Knowledge”, the Village of Lombard is responsible and financially accountable for all the damages, losses, and disrepair of the subject real estate property. Furthermore, Plaintiff is subject to prosecution for conspiracy, and “Scienter” with “guilty knowledge” of all the transgressions and criminal acts plotted against the subject property while the Hung Family has been resident homeowner.

The Village of Lombard act sin “Bad Faith” withholding facts of evidence and “guilty knowledge” that is sufficient to make all employees responsible for all the consequences of actions against the subject real estate property and the Hung Family members, to include the late Mr. Roberto Hung who was injured and disabled at home on December 22, 1996, and later murdered by Respiratory Therapist Ben Aguilar at Vencor Northlake Hospital, following treatment at Elmhurst Memorial Hospital in Du Page County, Illinois.

Thus, Plaintiff owes cash restitution as compensation reimbursement to the Hung Family for all the damages, losses, and disrepair of the subject real estate property and the resident homeowners. The Village of Lombard’s actions for bad faith are evident in the Verified Complaint for Demolition and for Injunctive Relief which presents the destruction of the subject real estate property, while it denies the Hung Family homeownership rights by law to restore, repair, and remodel the very same Lombard Historical Bungalow which it has targeted as an access to crime for a distressed real property. Consequently, the Defendants have a right to “Eminent Domain” under the Constitution of the United States and the by-laws in the States of Illinois underwritten by the Illinois General Assembly.

The Village of Lombard as an Illinois municipal corporation and all employees, are subject to Consumer Service Fraud and Deceptive Business Practices under 815 ILCS 505/1 et seq. and the Federal Trade Commission, 15 U.S. Supreme Court, Section 41 et seq. which declares illegal “unfair and/or deceptive acts or practices” and “unfair methods of services”. Plaintiff is subject to prosecution and liable for “Scienter”. The Defendants sustain the allegation that the subject in question who has been accused of the crimes against the Hung Family and real property, is aware of the wrongfulness of the act with “guilty knowledge”. Plaintiff as the Village of Lombard has been deliberate in the intent to deceive the Hung Family and all the resident homeowner(s) currently residing at the same address.

The following items illustrate the Village of Lombard Deceptive Business Trade Practices:
· Consumer Service Fraud
· Subject in question passes off goods or services as those of another
· Causes likelihood of confusion or misunderstanding as to the source, sponsorship, approval or certification of goods/services
· Causes likelihood of misunderstanding as to the affiliation, connection or association with another
· Uses deceptive representations or designations of geographic origin in connection with goods or services
· Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding
Consequently, the Village of Lombard, an Illinois municipal corporation is liable for investigation under the Consumer Fraud Act in the State of Illinois and subject to prosecution under the statutes and by-laws of the Illinois Constitution and the Illinois General Assembly.

Defendants hereby are filing an Amended Petition for Attorney’s Fees under Section 10a(c) of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1 et seq. which states that a court “may award *** reasonable attorney’s fees and costs to the prevailing party.” 815 ILCS 505/1 10a(c) (West 2004).

WHEREFORE, Gardenia C. Hung, on behalf of the Defendants, prays for financial remedy and cash relief in order to present this Amended petition as a Motion before this Court to Accept All Legal Expenses in the sum of $33,725.41US for Cash Reimbursement pursuant to Supreme Court Rule 137 and §10a(c) of the Consumer Fraud Act, 815 ILCS 50-5/1 et seq. against the Village of Lombard, an Illinois municipal corporation, et al, All Employees, on legal grounds for abuse of the legal process in bringing a vexatious and harassing action in Bad Faith for Condemnation, Demolition and for Injunctive Relief of the Subject Real Estate Property in a cause of action which fails to state a public purpose, lacking in foundation, and unsupported by well-grounded facts, not warranted by existing laws. In addition, Defendants pray for justice, equity, and fairness in the award for restitution of the damages, losses, and disrepair incurred in this “Action in Trover” to the prevailing party by default under the Constitution of the United States of America and under God.
Attached hereto are All Legal Expenses paid by the late Mr. Roberto Hung and the Hung Family from 1993 through 2007 for the Estate of Roberto Hung Supplemental Care Trust in Lombard, Illinois at 502 S. Westmore Avenue, Du Page County, in the sum of $33,725.41US, as Exhibit B, as follow:

EXHIBIT B

September 1993, Real Estate Legal Expenses $ 2,198.00
Paid by Mr. Roberto Hung
Du Page County Recorder of Deeds $ 30.00

1996-1997, G.C. Hung, Trustee’s Legal Fees $ 5,500.00
Du Page Court Guardian Legal Fees $ 110.00

1998, Intercounty National Title Insurance $ 500.00
R.J. Lackner, Attorney $ 75.00
C. Hara, Attorney for the Law Firm
of Masuda, Eiffert, and Mitchell, Ltd. $ 2,251.00
Miller & Associates, Ltd., P.C. $ 700.00
S. Mevorah & Associates, Attorneys $ 1,300.00
______________
$ 12,664.16
2006 Legal Expenses $ 15,450.00
2007 Legal Expenses $ 5,571.25___
Total $ 33,725.41___

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: Monday, October 15, 2007 Signed by:___________________________________
In the State of Illinois Gardenia C. Hung, M.A.
Village of Lombard 502 S. Westmore-Meyers Road
Du Page County Lombard, Illinois 60148-3028United States of America

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

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.

Saturday, February 2, 2008

Defendants' Pro Se Response/Answer to Summons

Attachments: Defendants' Pro Se Response/Answer to Summons
Appearance for Gardenia C. Hung/Robert S. Hung, Trustees for the Roberto Hung Supp.
Care Trust, et al.
Notice of Motion for September 19, 2007, 9AM, To Dismiss and Strike Verified Complaint
for Demolition and for Injunctive Relief
Defendants' Motion to Dismiss and Strike Verified Complaint for Demolition and for
Injunctive Relief
Copy of Letter to the Illinois Human Rights Commission

PLEASE TAKE NOTICE THAT ON Wednesday, September 19, 2007, at 9AM or as soon thereafter as counsel may be heard, I, Gardenia C. Hung, M.A., shall appear before Honorable Judge E.R. Duncan, in Courtroom 2005, in the Circuit Court of the 18th Judicial Circuit, in the County of Du Page, Illinois, located at 505 North County Farm Road, Wheaton, Illinois, and then and there present, the Defendants' Pro Se Motion to Dismiss and Strike the Verified Complaint for Demolition and for Injunctive Relief with the Defendants' Pro Se Answer/Response to Summons in Opposition, "Counterpoint: At Issue Legal Memorandum in Opposition for the Defendants' Compulsory Counterclaims to Setoff/Offset the Verified Complaint for Demolition and for Injunctive Relief from Plaintiff, pursuant to legal grounds for "Action in Trover", Criminal Conversion of Property, Consumer Service Fraud, Breach of the Fair Housing Partnership Resolution Contract, Real Estate Liability for Old Houses in the Village of Lombard, Du Page County, Illinois. Defendants do not plead guilty and hereby present objections to wrongful citations for Lombard Municipal Violations subsequent to the Illinois Hate Crimes Act, the Local Law Enforcement Enhancement Hate Crimes Prevention Act, Victims of Crime Act, Illinois Human Rights Commission Act, with protections in housing under the law, U.S. Housing and Urban Development Act (HUD), USA Patriot Act: Preserving Life and Liberty Act (2001); with the Defendants Combined
§2-615 MOTION TO STRIKE AND §2-619 MOTION TO DISMISS BASED ON WRONGFUL CHARGES, MALICIOUS PROSECUTION, ABUSE OF THE LEGAL PROCESS AND PURSUANT TO ILCS 720 5-31 PRESUMPTION OF INNOCENCE AND PROOF OF GUILT. Please acknowledge receipt via U.S. mail or Electronic Mail of the following:

1. Appearance for Gardenia C. Hung/Robert S. Hung, Trustees for the Roberto Hung Supp.
Care Trust, et al.
2. Notice of Motion for September 19, 2007, 9AM, To Dismiss and Strike Verified Complaint
for Demolition and for Injunctive Relief
3. Defendants' Motion to Dismiss and Strike Verified Complaint for Demolition and for
Injunctive Relief
4. Copy of Letter to the Illinois Human Rights Commission
5. Defendants' Pro Se Answer/Response to Summons in Opposition to the Verified
Complaint.
6. Du Page County Title Deed Research from the Recorder of Deeds by G.C. Hung, M.A.

Your copies will be delivered to your office. Thank you for your attention to this matter.

Sincerely,

Gardenia C. Hung, M.A., B.A.
Illinois Notary Public, County of Du Page
502 S. Westmore-Meyers Road
Lombard, Illinois 60148-3028 USA

Attorney No. 99500

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Lombard, DuPage County, Illinois, United States
Lombard resident homeowner in DuPage County, Illinois USA