Illinois Homeowner's Constitutional Right To Repair Real Estate Property

State of Illinois United States of America County of Du Page
In the 18th Judicial Circuit Court
Village of Lombard,
Plaintiff,
vs.
Gardenia C. Hung and Robert S. Hung, Trustees of the Trust Agreement Designated as the Roberto Hung Supplemental Care Trust, Jeffrey D. Papendick, a tax-purchaser, and non-record claimants and unknown users
Defendants
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Case No.:2007CH001284 Consolidated
Case No.:2006OV005982, LO25448NT;
Case No.:2006OV005983, LO25449NT;
Case No.:2006OV004446, LO12418NT; LO12419NT
NOTICE OF FILING
DEFENDANTS’ RESPONSE/ANSWER TO SUMMONS

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: 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

DEFENDANTS’ MOTION FOR OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF

Now comes Gardenia C. Hung as Pro Se, once again, on behalf of the Defendants to present this Motion for Objection to the Plaintiff’s Verified Complaint for Demolition and for Injunctive Relief based on constitutional grounds, as follow:
Section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1) pertaining to demolition by a municipality is unconstitutional because it does not allow the Defendants, as Lombard resident homeowners in Du Page County, Illinois, the right to repair the Lombard Historical Brick Bungalow at 502 S. Westmore-Meyers Road, owned by the Hung Family. In City of Aurora v. Meyer, 38 Ill. 2d. 131 (1967), the Supreme Court construed the statute as meaning that, “if the specific defects that render a building dangerous and unsafe ‘may readily be remedied by repair’, demolition should not be ordered without giving the owners a reasonable opportunity to make the repairs.” Furthermore, in the previous Supreme Court Rule 23 (166 Ill. 2d R. 23) order (Village of Lake Villa v. Stokovich, No. 2-00-0943 (2001), the Illinois Supreme Court in the exercise of its supervisory authority directed the presiding judge to vacate the judgment in the Circuit Court of Lake County ordering demolition and to address the Defendants that Section 11-31-1 is unconstitutional. Defendants assert that ordering demolition without giving a homeowner a reasonable time to repair her/his property without considering the cost constitutes an unlawful infringement upon rights of real estate ownership and/or a due process violation;
Section 11-31-1 constitutes an invalid delegation of legislative power in the Village of Lombard, Du Page County, Illinois, in the United States of America;
Plaintiff and Counsel, Howard C. Jablecki et al. are abusing the Court’s discretion in “scienter” with guilty knowledge, as accomplices for direct cause of action, as noted on record, and by non-disclosure and/or exclusion of key evidence leading to the current damages, losses, and disrepair of the subject property;
This Court is abusing the Defendants, as Lombard resident homeowners, by admitting the Plaintiff’s speculation as improper opinions, not well grounded nor supported by facts of evidence for restoration and preservation of the Lombard Historical Brick Bungalow, already on record to comply with provisions;
Keith Steiskal’s finding on May 5, 2006 as stated, does not validate that the Lombard Historical Brick Bungalow is dangerous and unsafe, requiring demolition under Section 11-31-1. Keith Steiskal’s “improper opinions and hearsay” under Section 11-31-1 is against the manifested weight of evidence and the Defendants’ proposed restoration plans which have sought alternative remedy and relief in the form of bringing the subject property into compliance;
This Court erred in denying the Defendants’ Combined §2-615 Motion to Dismiss and §2-619 Motion to Strike the Verified Complaint for Demolition and for Injunctive Relief, based on the presiding judge’s “improper opinions and hearsay” about “improper language” and “fancy legal terms”, abuse of the legal process, malicious prosecution, “scienter”, negligence per se, consumer service fraud, and obstruction of justice;
The municipal ordinance violations alleged in Counts I, II, and II for Injunctive Relief do not apply to the subject property, nor are these allegations supported or warranted by existing laws under the Constitution of the United States of America, the State of Illinois Constitution, Bill of Rights, Victims of Crime Act, Human Rights Act, Housing and Urban Development Act, Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq., 815 ILCS 505/2 et seq., Unlawful Prohibited Practices; 815 ILCS 510/1 et seq., Uniform Deceptive Trade Practices Act; Federal Trade Commission Act, 15 USC §45 et seq., and
This Court’s order on Monday, November 29, 2007 by Judge Kenneth Popejoy, based on “improper use of language and fancy legal terms” which is so deficient as to require a Judicial Review for Reconsideration pursuant to legal, constitutional grounds.

Defendants hereby object to the Verified Complaint for Demolition and for Injunctive Relief in this petition to redress grievances as victims of crime. Consequently, assertion by the Defendants of Lombard homeowners’ right to repair is protected under the fifth and fourteenth amendments to the U.S. Constitution and Sections 2 and 15 of the Bill of Rights of the Illinois Constitution (Ill. Const. 1979, art. I, §§2,15) which upon review supports the constitutionality of a statute de novo (Miller v. Rosenberg, 196 Ill. 2d 50, 57 (2001).
Defendants hereby reinstate Combined §2-615 Motion to Dismiss and §2-619 Motion to Strike the Verified Complaint for Demolition and for Injunctive Relief, pursuant to Supreme Court Rule 137, as noted.
For the record, Plaintiff as the Village of Lombard et al. has “defrauded”
the real estate investment of the late Mr. Roberto Hung, and daughter, Gardenia C. Hung, et al. by direct cause of action in conversion of the Lombard Historical Brick Bungalow into a distressed real estate property as an “access to crime” in the Village of Lombard, Du Page County, Illinois, through conspiracy, heinous/hate crimes, damages, losses, disrepair, and personal injury, to include the murder of the late Mr. Roberto Hung. Consequently, Plaintiff owes the Defendants the obligation, the duty, and service to repair the subject property, damaged by Negligence Per Se and breach of duty, on legal grounds for “action in trover”, criminal “conversion” of real property owned by Gardenia C. Hung, to include consumer service fraud.
Plaintiff’s allegations are not well supported in fact to justify condemnation, demolition, and injunctive relief without stating a public purpose or presenting specific plans for the reuse of the property. Thus, the Verified Complaint is incomplete, inconclusive, and invalid. The subject property owned by the Hung Family is not a dangerous, unsafe building nor a health hazard or safety risk to the community.
In conclusion, Defendants have reinstated and re-submitted a Second Amended Response to the Verified Complaint in this Motion for Objection to Demolition and Injunctive Relief, thus presenting valid constitutional arguments for historical preservation and restoration, remodeling, and repair construction of the Lombard Historical Brick Bungalow owned by the Hung Family, at the expense of the Plaintiff, also known as the Village of Lombard, et al., All Employees, accountable and liable for all damages, losses, and disrepair to the subject property as a direct cause of action, in access to crime by the Lombard Police Department.
WHEREBY, Defendants pray for remedy and relief to sustain this Motion for Objection to the Verified Complaint for Demolition and for Injunctive Relief, based upon constitutional grounds, as noted, and proposed plans for restoration and historical preservation of Lombard real estate property at cost by Plaintiff.
WHEREFORE, Defendants also pray to sustain Combined §2-615 Motion to Dismiss and §2-619 Motion to Strike the Verified Complaint for Demolition and for Injunctive Relief, upon judicial review for reconsideration with justice, equity, and fairness, under God. Defendants petition for additional relief and financial remedy as this Court deems just, fair, and equitable due to family tragedy, hardship, and poverty as victims of crime, under the Constitution of the United States of America and the State of Illinois Constitution, Bill of Rights, with justice, under God.

Respectfully submitted by,


Gardenia C. Hung, M.A., PRO SE
502 S. Westmore-Meyers Road
Lombard, Illinois 60148-3028
United States of America

VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, to the best of my ability, so help me God.

Dated on November 26, 2007, 10H11AM
Signed by: __________________________ Gardenia C. Hung, M.A.
In the County of Du Page, State of Illinois, United States of America
______________________________________________
1993-2007 DAMAGES AND LOSSES AT THE HUNG FAMILY REAL ESTATE AT
502 SOUTH WESTMORE-MEYERS ROAD, LOMBARD, DUPAGE COUNTY, ILLINOIS 60148-3028
MEMO OVERVIEW REPORT BY GARDENIA C. HUNG, M.A.
DAUGHTER OF THE LATE MR. ROBERTO HUNG, J.D.

I. BRICK BUNGALOW HOUSE WITH 3-LEVELS: 1ST FLOOR, 2ND FLOOR, BASEMENT, GARAGE
A. FIRST FLOOR.- FOYER/LOBBY FRONT.- DAMAGED DOOR LOCK,SHUT
1. CEILING PANELS STAINED, CRACKED
2. GLASS WINDOW PANES, 6TH WINDOW SOUTH, CRACKED GLASS
8TH WINDOW SOUTH, CRACKED GLASS
3. DOOR BELL IS BROKEN
4. DOOR KNOB IS BROKEN, FORCED
5. DOOR PANEL, STAINED BY FORCED ENTRY
6. DOOR LOCK/KNOB IS BROKEN, FORCED
7. FRONT STEPS, CHIPPED CONCRETE
8. BRICK BASE NEEDS TUCKPOINTING
B. LIVING ROOM.- 25-GALLON AQUARIUM, DEAD FISH, POISONED CLOROX
1. FLOOR-DRILLED HOLE BY UNAUTHORIZED CABLE CONTRACTOR
2. SOUTH WALL SEEPAGE, PEELING PAINT, CRACKED WALLS
3. SOUTH WALL DAMAGE TO ELECTRICAL WIRING SYSTEM
4. CEILING CRACKED, PEELING PAINT
C. DINING ROOM
1. CEILING BULGING TILES, FALLING TILES ON THE WEST CORNER
2. WINDOW GLASS BULLET HOLE, UPPER LEFT GLASS PANE, CRACKED
GLASS WINDOW PANE
3. CARPETING.- WALL-TO-WALL DAMAGE
D. MASTER BEDROOM
1. COLLAPSED CEILING OVER TEAK QUEEN-SIZE BEDROOM SET, VANITY
(2) CHEST OF DRAWERS, (2) NIGHT STAND TABLES, (2) LAMPS
2. WALLS DAMAGED BY MOLD, MILDEW, WATER SEEPAGE
3. CARPETING WALL-TO-WALL DAMAGED
E. CORRIDOR
1. FLOOR WARPED WOODEN PLANKS TO BE REPLACED
2. CARPETING WALL-TO-WALL DAMAGED
3. CEILING GYPSUM COLLAPSED, CRACKED
4. ELECTRICAL WIRING SYSTEM DAMAGED BY WATER SEEPAGE
F. BATHROOM
1. CEILING COLLAPSED WHEN PLUMPING PIPES AND FIXTURES BURST
DUE TO EXCESSIVE WATER PRESSURE UNGAUGED BY THE LOMBARD
WATER DEPARTMENT AND PUBLIC WORKS
2. CEILING WOODEN STRUCTURE DAMAGED BY WATER SEEPAGE
3. PLUMBING PIPES AND FIXTURES DAMAGED
G. GUEST BEDROOM (SOUTHWEST FACING BACKYARD) STUDY
1. CLOSET IS DAMAGED BY PLUMBING PIPES BURSTING DUE TO
UNGAUGED WATER PRESSURE
2. WATER SEEPAGE IN CLOSET ACCESS TO PLUMBING PIPES SHARED BY
THE BATHROOM AND THE BASEMENT LEVELS.
G. STOLEN CLOTHING, BOOKS, FAMILY PHOTOGRAPHS, DOCUMENTS
U.S. DEPARTMENT OF LABOR FILES BELONGING TO GARDENIA C. HUNG
H. KITCHEN
1. SINK PLUMBING PIPES ARE TURNED OFF
2. FLOOR TILES ARE CRACKED, WATER-LOGGED, TO BE REPLACED
3. CEILING PAINT CRACKED, PEELING
4. REFRIGERATOR IS DAMAGED
5. DISHWATER IS DAMAGED
6. DISHES ARE BROKEN
I. BASEMENT
1. PLUMBING PIPES BURST DUE TO UNGAUGED WATER PRESSURE
2. COLLAPSED CEILING, CRACKED, EXPOSED PIPES, MOLD, MILDEW
3. WATER SEEPAGE, HUMIDITY, MOLD, MILDEW
4. WALLS CRACKED, PEELING PAINT
5. GLASS VENTS CLOSED/OPEN SCREENS BROKEN, TO BE REPLACED
6. (2) REFRIGERATORS DAMAGED – VERTICAL UPRIGHT/HALF FRIDGE
7. POOL TABLE GREEN MAT IS DAMAGED
8. BAR DAMAGED DUE TO COLLAPSED CEILING, MOLD, MILDEW
9. WASHING MACHINE IS DAMAGED
10. HEATING FURNACE SYSTEM/AIR CONDITIONING IS DAMAGED
11. STORAGE ROOM, BOOK SHELVES, STOLEN BOOKS BY INTRUDERS
12. STORAGE ROOM INSULATION TO BE REPLACED, FINISHED
13. LAUNDRY ROOM, CEILING FIXTURE PANEL CRACKED, BROKEN
14. CEILING PANEL PULLED DOWN
15. WALL PAINT CRACKED, PEELING
J. BACK PORCH.- INTRUDERS USED A HEAT TORCH ON PAINT BEHIND DOOR
CRACKED WOODEN BEAM BY THE WINDOW
1. CEILING LEAKAGE ON RAINY DAYS
2. LIGHT FIXTURE AND ELECTRICAL SYSTEM IS WATER DAMAGED
3. DOOR BELL IS BROKEN, FORCED, PULLED OUT BY INTRUDERS
4. DOOR BELL WIRING IS PULLED OUT
5. DOOR SCREEN IS DAMAGED, INSIDE, OUTSIDE, TORN OFF FROM HINGES, DROPPED OFF, TO BE REPLACED
6. PORCH DOOR IS DAMAGED, CRACKED PAINT, PEELING TO BE REPLACED
7. GLASS DOOR KNOBS DAMAGES TO BE REPLACED
II. SECOND FLOOR
1. STAIRS, STEPS.- WOODEN, WATER STAINED, GLASS DOOR KNOB IS
DAMAGED, BROKEN
2. WALLS, CEILING PAINT CRACKED, PEELING
3. STORAGE ROOM INSULATION IS DAMAGED BY INTRUDERS TO BE
REPLACED AND REFINISHED
A. STUDY/HALF BEDROOM
1. PAINT CRACKED, PEELING
2. DAMAGED TO PROFESSIONAL COMPUTER PC EQUIPMENT, STOLEN
CD-ROM DRIVE. STOLEN DOCUMENTS FROM MR. ROBERTO HUNG
B. BEDROOM
1. CLOSED IS DAMAGED BY WATER SEEPAGE, MOLD, MILDEW,
CRACKED WALL
2. CEILING LIGHT FIXTURE CRACKED AND BROKEN GLASS OVER BED
C. KITCHEN
1. CEILING CRACKED AND PAINT PEELING CAUSED BY HEAT TORCH USED BY INTRUDERS, TRESPASSERS AND UNAUTHORIZED ENTRIES
D. PANTRY, TO BE RESTORED, REMODELED, REPAINTED, REFINISHED
1. PANTRY CEILING PAINT CRACKED, PEELING, MOLD, MILDEW
2. PANTRY STORAGE DOOR CRACKED, MOLD, MILDEW, REPLACE
E. BATHROOM, PLUMBING PIPE FIXTURES BURST FROM 2ND TO 1ST FLOOR
PAINT CRACKED, PEELING, TO BE RESTORED, REMODELED, REDONE
F. LIVING ROOM FURNITURE STAINED AND DAMAGED
1. CEILING CRACKING, FISSURE UNDER ROOFING STRESS
2. WALL RETAIN HUMIDITY, MOLD, MILDEW
III. GARAGE
1. GARAGE DOOR OPENER IS BROKEN, DAMAGED, SEARS BRAND
2. REPLACE GARAGE DOOR
3. LAWN MOWER IS DAMAGED, BROKEN POWER STRING
4. ALUMINUM SIDING POST (LEFT) IS CRACKED, BROKEN
5. WOODEN-FRAME STRUCTURE IS DAMAGED BY HUMIDITY
6. CONDUIT FOR ELECTRICAL WIRING WAS PULLED DOWN
7. DAMAGE TO NINE (9) MOTORIZED AUTO VEHICLES, CARS, SUV, MOTORCYCLE, LAWN MOWER, ETC.
8. NEW ROOFING FOR GARAGE TO MATCH THE HOUSE IN AGED REDWOOD SHINGLES
IV. BACKYARD
1. ROOFING DAMAGE TO ROOFING SHINGLES, WOODEN STRUCTURE, WIRING, GUTTERS, DUCTWORK
2. T.V. ANTENNA FOR COMMUNICATIONS KNOCKED DOWN BY CABLE CONTRACTOR HIRED BY THE VILLAGE OF LOMBARD AND UNAUTHORIZED BY THE HUNG FAMILY OR G.C. HUNG
3. SIDE ROOFING DAMAGE
4. FENCE DAMAGED BY EVA AND JOHN CARPENTER & SONS, AS WELL AS BY INTRUDERS, TRESPASSERS JUMPING THE FENCING POSTS WHICH ARE DAMAGED AND SPLINTERED BY SBC TELEPHONE COMPANY AND OTHER INTRUDERS AND CRIMINALS
5. FENCE POSTS ARE BROKEN, SPLINTERED, KNOCKET OUT, KICKED IN
6. GRASS LAWN TRAMPLED, FLOWER BED BORDERS DAMAGED


LOMBARD DAMAGES & LOSSES TO HUNG FAMILY REAL ESTATE PROPERTY, ASSETS, AUTOMOBILES, MOTORIZED EQUIPMENT, ETC. FROM 1993-2007
MEMO OVERVIEW FROM GARDENIA C. HUNG, M.A.
TYPED ON TUESDAY, NOVEMBER 19, 2006, 10:55:35 AM
_________________________________________________

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 FOR DISCOVERY, EXHIBIT C, AS EVIDENCE FOR CONTRACTS A-1, B-1, AND C-1, AS PROOF OF PROPOSED PLANS FOR RESTORATION, REPAIR CONSTRUCTION, REMODELING, AND REHABILITATION IN ORDER TO BRING THE LOMBARD HISTORICAL BRICK BUNGALOW INTO COMPLIANCE WITH MUNICIPAL BUILDING CODE.



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: 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 INTENT

Pursuant to Supreme Court Rule 90(c), Defendants intend to offer the following documents attached hereto into evidence as Exhibit C for Contracts A-1, B-1, and C-1, as proof of proposed plans for Restoration, Repair Construction, Remodeling and Rehabilitation presented during November 2006 and January 2007, by Gardenia C. Hung, in order to comply with the Village of Lombard Municipal Building Code Violations caused by the Plaintiff in this legal 'action in trover' and 'conversion' of the Lombard Historical Brick Bungalow owned by the Hung Family in Du Page County, Illinois, United States of America.


CONTRACT A-1
ZSC INSURANCE RESTORATION SERVICE, LLC.
P.O. Box 56553, Chicago, Illinois 60656-0553
ZeesGroup.com
Job Information:
Date: 11/09/2006
Name: Gardenia C. Hung
Address: 502 S. Westmore-Meyers Road, Lombard, Illinois 60148-3028

SCOPE OF WORK:
I. Roofing - $ 8,750.00
1. Tear off existing shingles.
2. Supply and Install ice and water shield.
3. Supply and Install felt paper.
4. Supply and Install new shingles IKO Cambridge 25, Laminated Design, Organic & Fiberglass Asphalt Shingles, Color for Aged Redwood.
5. Install New Aluminum Flashing around chimney.
6. Supply and Install 4 Mushroom Vents.
7. Replace Rotten Wood - $ 1,350.00
· 25 Years warranty on shingles; - 5 Year Limited Labor Warranty
II. Supply and Install Aluminum Gutters, Soffit, Fascia and Down-spouts - $ 7,350.00
III. Plumbing work to be done: $165.00 per hour per plumber + cost of material - Estimated $20.700.00
IV. Electrical work $125.00 per hour per technician + cost of material – Estimated $ 8,500.00
V. Debris removal.
1. Supply 30 yard dumpster - $ 650.00
2. Loading the dumpster - $ 650.00
VI. Drywall replacement where needed due to water damage - $ 7,500.00
VII. Painting to be done at $65.00 per hour + cost of material - Estimated $ 10,700.00

Payment Schedule:
we propose hereby to furnish material and labor – complete in accordance with specifications above,
for the sum of: $ 66,150.00

Dated and Signed on November 2006, Signed December 2006,
Updated and Signed on January 2nd, 2007