State of Illinois United States of America County of Du Page
In the 18th Judicial Circuit Court
Village of Lombard,
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
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: firstname.lastname@example.org 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.
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
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
Friday, February 29, 2008
Motion to Compel Court Order to Repair Lombard Historical Brick Bungalow in Du Page County, Illinois USA
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